Nature And Development Flashcards
(48 cards)
What event caused the formation of the UN in 1945
World War Two and concerns surrounding Human Rights
Where was the United Nations charter established?
San Fransisco
What makes up the ‘International Bill of Rights’?
The Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)
What are human rights?
A universal standard for the equal rights of all people - aimed to protect their wellbeing, health, safety, education, etc.
Are human rights legally binding?
No
What is the overarching principle of the creation of the UDHR?
“To reaffirm faith in fundamental human rights, in the dignity and worth of the human person”
What is the biggest criticism for the UDHR and the UN generally?
Being a non-legally binding declaration, it often receives criticism for its lack of enforceability.
What is slavery?
The type of forced labour in which a person is considered to be the legal property of another.
Used to fill certain roles in society for little to no cost
What was abolitionism?
A movement called an abolitionism began in the 18th century and gradually grew.
The slaves of colonies were officially ended in the British Empire with the passing of the Slave Trade Act 1807 (UK). The United States followed in 1808.
When was slavery abolished?
The slaves were officially ended in Britain with the passing of the Slave Trade Act 1807 (UK). The US followed in 1808.
It was not until the Slavery Abolition Act 1833 (UK) that slavery itself was abolished.
Slavery was abolished by the addition of the Thirteenth Amendment of the US Constitution after the end of the American Civil War.
The League of Nations Slavery Convention was a comprehensive international convention of abolishing slavery worldwide, passed in 1926 after end of World War I by the League of Nations.
After the end of World War II, the member states of the United Nations made a clear statement that slavery was prohibited under art. 4 of the UDHR.
What is a trade union?
An organisation of workers who have joined together to achieve common goals and labour rights.
Trade unions are a non-legal measure to achieve labour rights. Ie. employment rights, safe working conditions
Where is the right to join a labour union enshrined in the UDHR?
The right to join a trade union is enshrined within Article 23 of the UDHR, as well as the right to just and favourable conditions of work. Article 24 also states that everyone has the right to rest and leisure
What was the influence of the UDHR on trade unionism in the world?
Australia has used their sovereignty to comply with international standards. E.g. Article 8 of the ICESCR states that all humans have the right to just conditions and fair wages at work and the right to join a trade union. Australia’s efforts to uphold this right can be illustrated through Australia agreeing to be bound by the ICESCR in 1975.
Also, the Fair Work Act 2009 aims to provide workplace relations laws that are fair to working Australians, are flexible for businesses and promote productivity.
Where is
What is universal suffrage?
Universal suffrage refers to the universal right to vote and be elected in political elections, without discrimination and without unreasonable restrictions.
What is the history behind the right to universal suffrage? When/how has it historically been restricted?
Even where democracies have existed throughout history, the right to suffrage was restricted by factors such as class/social status; gender; ethnicity; beliefs; nationality. Women and indigenous peoples in particular faced challenges in gaining access to this right. For example, even though New Zealand became the first permanent and independent country to pass suffrage laws allowing women to vote in 1893, states like the UK only gave women a limited right to vote in 1919.
When was the right to universal suffrage first recognised by the international community?
The right to universal suffrage was first recognised by the international community when the UN established the Universal Declaration on Human Rights (article 21) and other formal statements such as the International Covenant on Civil and Political Rights (article 25) and International Covenant on the Elimination of Racial Discrimination Article 5C)
How does universal suffrage continue to be violated (effectiveness of international law)
Despite shifts in social values and the gradual recognition of the right to vote through statements and reforms to domestic legislation, this right continues to be violated. For example, women in Saudi Arabia were only granted the right to vote in local elections in 2015, electoral fraud is rife throughout South America and even in Australia, people with mental health issues and intellectual disabilities have a lower voting participation rate as a result of systemic barriers in its legal justice system.
What is the historical background to the right to education?
Throughout history, universal education has not been as accessible for children as it is now. During the 1800s, access to education was limited to certain students in the United States, with many minorities (such as African Americans) routinely being denied access to schooling.
During this time certain state laws were created in the south to prevent such minorities from learning to read and write.
In what ways was the right to education existent prior to the UDHR?
Before the UDHR was introduced, several countries made domestic attempts to protect the right to education. For example, in 1936, the Soviet Union recognised the right to education in their constitution. It outlined how it is an obligation of the state to provide free and compulsory education at all levels.
Where is the right to education enshrined in the UDHR?
After the end of WWII, the member states of the United Nations (UN) made a clear statement that everyone has the right to primary education in Article 26 of the UDHR. Additionally, the UN issued the Millennium Development Goals and the Sustainable Development Goals to promote the compliance of the right.
Education is further protected by other formal statements such as the ICESCR and CROC.
How does universal education continue to be violated (effectiveness of international law)
Despite shifts in social values, the right is still being violated. This can be seen in Pakistan, where Human Rights Watch found that 32% of primary-aged girls were not in school due to the government’s failure to enforce compulsory education due to their under-investment in schools.
Influence of international law on Australia in regards to the right to universal education.
Domestic states such as Australia have used their state sovereignty to comply with standards set by the international community as can be seen in the establishment of the Education Act 1990 (NSW). In 2010, reforms were made to the Act which stated that education was no longer compulsory until 15, but 17 to ensure a better quality of life outcomes.
What are environmental rights?
Environmental rights refer to an individual’s access to unspoiled natural resources that enable survival. This includes land, water, air, food, shelter.