Nature And Development Flashcards

(48 cards)

1
Q

What event caused the formation of the UN in 1945

A

World War Two and concerns surrounding Human Rights

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2
Q

Where was the United Nations charter established?

A

San Fransisco

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3
Q

What makes up the ‘International Bill of Rights’?

A

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)

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4
Q

What are human rights?

A

A universal standard for the equal rights of all people - aimed to protect their wellbeing, health, safety, education, etc.

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5
Q

Are human rights legally binding?

A

No

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6
Q

What is the overarching principle of the creation of the UDHR?

A

“To reaffirm faith in fundamental human rights, in the dignity and worth of the human person”

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7
Q

What is the biggest criticism for the UDHR and the UN generally?

A

Being a non-legally binding declaration, it often receives criticism for its lack of enforceability.

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8
Q

What is slavery?

A

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

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9
Q

What was abolitionism?

A

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.

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10
Q

When was slavery abolished?

A

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.

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11
Q

What is a trade union?

A

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

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12
Q

Where is the right to join a labour union enshrined in the UDHR?

A

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

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13
Q

What was the influence of the UDHR on trade unionism in the world?

A

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.

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14
Q

Where is

A
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15
Q

What is universal suffrage?

A

Universal suffrage refers to the universal right to vote and be elected in political elections, without discrimination and without unreasonable restrictions.

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16
Q

What is the history behind the right to universal suffrage? When/how has it historically been restricted?

A

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.

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17
Q

When was the right to universal suffrage first recognised by the international community?

A

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)

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18
Q

How does universal suffrage continue to be violated (effectiveness of international law)

A

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.

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19
Q

What is the historical background to the right to education?

A

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.

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20
Q

In what ways was the right to education existent prior to the UDHR?

A

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.

21
Q

Where is the right to education enshrined in the UDHR?

A

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.

22
Q

How does universal education continue to be violated (effectiveness of international law)

A

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.

23
Q

Influence of international law on Australia in regards to the right to universal education.

A

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.

24
Q

What are environmental rights?

A

Environmental rights refer to an individual’s access to unspoiled natural resources that enable survival. This includes land, water, air, food, shelter.

25
What is the International Law on Environmental rights?
The United Nations Framework Convention on Climate Change the 21st conference between international parties was held in Paris which became known as the Paris Climate Agreement 2015.
26
What was the influence on the 2015 Paris agreement on domestic legislation?
This international agreement was later ratified into Australian law in 2016 and 178 other international countries. The ratification of the agreement set out a number of guidelines to develop environmental awareness and prevent future environmental harm.
27
How effective was the 2015 Paris agreement? Violations?
Despite the ratification of the agreement in both Australian and international law, violations still continue. This can be seen through the documentation by Amnesty International in 2018 which documented how the Sengwer Indigenous people of Embobut Forest, Kenya were forced from their homes and disposed of their ancestral land due to accusations of abusing the forest by the government, no evidence was provided to support such claims. In turn, environmental rights have changed and developed in order to increase awareness however is unable to prevent violations and thus, remains ineffective.
28
What are peace rights?
Peace rights refer to the right of citizens to expect their government to do all in its power to maintain peace and work towards the elimination of war.
29
What was the Paris Peace Conference?
In 1919, the countries that emerged victorious from World War I held a peace conference at Versailles, France, and became known as the Paris Peace Conference. The main purpose of the League of Nations was expressed in the Covenant of the League of Nations: ‘to promote international cooperation and to achieve international peace and security.
30
31
Where are peace rights outlined in international law?
- Covenant of the League of Nations (no longer exists) - UNGA Declaration on the Rights of the Peoples to Peace 1984 - art. 51 of UN charter “states have an inherent right to self defence in the event of an armed attack” - art. 39 states that the UNSC can intervene to restore or maintain peace - the ICC was established in 2002 and has jurisdiction to try people for war crimes and crimes against int community
32
What is the UDHR?
-adopted by the UNGA in 1948. - first formal statement of human rights, stating the basic rights and fundamental freedoms to which all human beings are entitled. - not legally binding, but carries moral weight as it is adopted by the international community. -30 articles, including civil and political rights and economic social and cultural rights. The preamble to the UDHR states that the recognition of inherent dignity of and the equal and inalienable rights all of members of the human family is the foundation of freedom justice and peace in the world. The UDHR has had a profound influence on the development of international rights law.
33
What is the ICCPR 1976?
It has created an obligation on states to respect the civil and political rights of individuals, including but not limited to right to self-determination (Article 1), freedom from slavery (Article 8) and universal suffrage (Article 25). It contains monitoring and periodic reporting arrangements for member states, overseen by the UN Human rights committee who report on compliance by member states and investigates violation. Over 160 countries have ratified the ICCPR. For example, Australia agreed to be bound by the ICCPR in 1980.
34
What is the ICESCR 1976?
It has created an obligation towards granting economic, social and cultural rights to individuals, including but not limited to labour rights (Article 8), the right to an adequate standard of living (Article 11) and the right to an education (Article 13). The ICESCR requires states to take steps, including legislative measures to achieve the “progressive realisation” of ICESCR. This requires that states only demonstrate in good faith the fulfilment of the rights over time within their capacities.
35
What are express rights?
Rights included in a document e.g. the right to religion
36
What are implied rights?
Rights which can be applied through the purpose and structure of a document, which may not be explicitly outlined.
37
What is the role of statute law in HR?
Parliament made law Powerful tool in HR protection Not fixed, can be reformed or removed
38
What is the role of common law in HR?
Law made by the judiciary Carries power to protect HR Established right to legal representation (Dietrich. V. The queen 1992) Least significant source of HR protection
39
What is the role of courts and tribunals in protecting HR?
AUS HR Commission (AHRC) Human rights body established to deal with alleged HR violations and can make legally binding decisions. High Court of AUS (HCA) Highest court in Aus judicial system. Sets precedent on lower courts Upholds rights through case decisions and common law.
40
What is the role of NGO’s in protecting HR?
- independent from governments - can report on violations of HR - cannot enforce HR - e.g. amnesty international
41
Role of the media in protecting human rights?
- name and shame governments - lead to public outcry/affect public opinion - cannot enforce HR protection
42
Arguments FOR a charter of rights in Aus?
Australia’s current system of HR is scattered. A charter would provide framework for ensuring compliance w rights and freedoms. Serve as a symbolic statement for Aus values. Improve the accountability of the government. A member of parliament would be required to consider HR when drafting bills or scrutinising laws.
43
Arguments AGAINST a charter of rights in Aus?
Little evidence of HR abuses in Australia to begin with. Aus already offers accurate protection and enforcement through democratic institutions, constitutional protections, specific legislation and common law. This reflects law reform. It would politicise the judiciary (courts), undermining public confidence.
44
How is domestic legislation protecting HR against slavery? 2005, the Criminal Code Amendment (Trafficking in Persons) Act 2005 amended The Criminal Code (Slavery and Sexual Servitude) Act 1999.
a powerful piece of statue law which incorporates a collection of slavery offences. established legislation to formally criminalise trafficking and increase penalties for trafficking related offenses, reflecting ethical standards and working to prevent human trafficking and slavery within Australia.
45
How effective is domestic legislation on HR against slavery? 2005, the Criminal Code Amendment (Trafficking in Persons) Act 2005 amended The Criminal Code (Slavery and Sexual Servitude) Act 1999.
R v Wei Tang 2008 (HCA). Wei Tang was found guilty of five charges of possessing a slave and was sentenced to ten years imprisonment in accordance with the Criminal Code Act 1995 (CTH). Whilst this achieved justice for victims of trafficking and upheld society’s safety, statue law remains a somewhat effective response to human trafficking
46
How effective is media in protecting HR against slavery?
The Network Ten 2012 report, “Human Trafficking: Australia's Modern-Day Slave Trade” identified various human rights violations, including the story of an enslaved domestic houseworker, trafficked from overseas by a Sydney family. revealed that Federal police had launched 29 instigations into human trafficking in Australia in 2012. This report exerted significant fluence on public opinions, which can ultimately lead to government action. Despite the media being effective in increasing awareness and pressuring government compliance with human rights, the work of the media remains somewhat effective. The media lacks enforceability, preventing the media from enforcing human rights and punishing violators. From this, it is evident that both statute law and the media are somewhat effective responses to human trafficking yet are limited by the unfixed nature of statue law and a lack of media enforceability.
47
International legal responses against slavery?
Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children (UN TIP) The Office of the High Commissioner for Human Rights (OHCHR), forming part of the UN Secretariat, is a principal focal point of human right’s research
48
Role of NGO’s in protecting against slavery violations?
Human Rights Watch publishes reports on rights violations as set out by the UDHR, drawing international attentions to violation and pressuring governments and IGOs to reform. This can be demonstrated through a 2019 HRW article, in which HRW investigates the trafficking of ethnic women, who were purchased from Myanmar, and subjected to sexual slavery in China. HRW “names and shames” the Myanmar and Chinese governments, as they failed to stem the trafficking of ethnic women and girls to families in China.