The Nature and Development of Human Rights Flashcards Preview

Legal Studies > The Nature and Development of Human Rights > Flashcards

Flashcards in The Nature and Development of Human Rights Deck (24)
Loading flashcards...
1

The definition of human rights

Human rights are fundamental rights
They are things to which every human being is entitled to for being a human being

2

4 key features of human rights

Universal: to be enjoyed by all individuals regardless of their nationality, gender, race or status
Indivisible: all human rights are equally important
Inherent: the birthright of all humans and are to be enjoyed by all people simply by reason of humanity
Inalienable: people can't agree to give them up or have them taken away

3

3 types of human rights

Civil and political rights (individual rights)
economic social and cultural (individual)
Environmental, peace, self-determination (collective)

4

Outline the abolition of slavery

-Europeans required more and more resources
-the slaves grow and manufacture cash crops
-Slavery was eventually condemned as rationalist thinkers began to criticise slavery as violating the rights of man as the horrors of the slave trade became known in Europe and evangelical Christians criticised it as ‘unchristian’.
-Today there is an estimated 27 million people enslaved

5

Legal responses to the abolition of slavery

-British: Ruled slavery illegal (R v. Knowles). Importation of slaves to the colonies was officially ended with the slave trade act 1807 (UK)
-US: Created the slave trade act 1808 (USA).
the slavery abolition act 1833 (UK) abolished it, freeing the slaves
-League of Nations slavery convention abolished slavery worldwide in 1926
-Abraham Lincoln was an abolitionist who abolished slavery by the addition of the 13th amendment to the US constitution
-article 4 of the UDHR made a clear statement that slavery was prohibited

6

Why did trade unions form

-First emerged during industrial revolution in response to appalling conditions, lack of safety, low wages and long working hours

7

What are trade unions based on

-They are based on the concept that one employee has very little power, but many workers combined in a single cause have a great deal of power

8

What is the ILO

Formed as an international agency of the League of Nations created with the aim of improving conditions for workers around the world
Formed in 1919 after World War One
it has since become an agency of the UN after the League of Nations was disbanded

9

What do artical 23 and 24 of the UDHR say (5)

-Rights-Labour and trade union rights
-everyone has the right to work, to free choice of employment, to just and favourable conditions of work in protection against unemployment
-Everyone without discrimination has the right to equal pay for equal work
-Everyone who works has the right to just and favourable remuneration, ensuring for himself and his family an existence worthy of human dignity and supplemented if necessary, by other means of social protection
-everyone has the right form and join trade unions for the protection of his interests
-Everyone has the right to rest and leisure including reasonable limitation of working hours and periodic holidays with pay

10

Outline the issue of universal suffrage

-Historically limitations have been placed on a person’s ability to vote based on race, gender, ethnicity, age and beliefs
-During the 19 century movement rose up to promote the right of woman to vote
-woman gained the right to vote first in New Zealand in 1893, South Australia in 1894, UK 1918, USA 1928
-Indigenous Australians gained the right to vote in 1962 (voluntary)

11

What does articel 21 of the UDHR say

Universal suffrage
1. Everyone has the right to take part in the government of his country directly or through freely chosen representatives
2. Everyone has the right of equal access to public service in his country
3. The will of the people should be the basis of the authority of the government this will should be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures

12

Outline the development of universal education

-Originally religion based e.g. Sunday school
-First compulsory education in New South Wales with the public Education Act 1880

13

What does article 26 refer to

universal education:
1. everyone has the right to education. Fundamental education shall be free and compulsory
2. education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedom
3. parents have a prior right to choose the kind of education that shall be given to their children

14

what legal responses are there to self-determination

- UN charter-self-determination: “to develop friendly relations among nations based on respect for equal rights and self-determination”
-ICESR: ‘all people have the right to self-determination, allowing their political status to be chosen and freely pursue their economic, social and cultural development’
-Declaration of the rights of indigenous peoples in Australia in the 21st century: in 2007 the UN adopted UNDRIP it is a non-binding (like all declarations) on members of the UN. It provides greater awareness and protection of the world indigenous peoples

15

What are environmental rights based on

based on the principle of intergenerational equity; the concept that each generation has the responsibility to care for the environment so that future generations can have access to its resources

16

What are 2 examples of treaties and charters regarding environmental rights

E.g. African charter on human and people’s rights-article 23
Environmental rights Kyoto Protocol on climate change 1997

17

Example of peace rights after war

Post-World War Two-UN created with charter to maintain World Peace and promote the development of humanity

18

What is the charter of the united nations

The charter of the United Nations contains general provisions that relate to human rights.
Article 1 of the charter requires the organisation to promote human rights and fundamental freedoms for all, regardless of race, sex, language or religion
Article 55 states that the United Nations shall promote respect for and observance of human rights

19

What does the UDHR do

It affirms the promotion of universal respect and observance of human rights and the dignity and worth of a person.

20

What does article 1 of the UDHR assert

the right of all people to freedom and equality in dignity and rights.

21

What does article 2 of the UDHR prohibit

discrimination on the grounds of race, colour, sex, language, religion, political or social opinion, national or social origin, property, birth or other status.

22

What does article 3-21 of the UDHR outline

civil and political rights, including the right to participate in government.

23

What does article 22-27 of the UDHR detail

economic, social and cultural rights such as the right of all people to work, to join trade unions and participate freely in the cultural life in their communities.

24

Is the UDHR legally binding

Technically, the Declaration of Human Rights is not legally binding. However, the rights are so widely accepted that they have become part of the general principles of international law, even though they may not be part of customary international law.