HUMAN
RIGHTS
DESCRIPTION:
UNIVERSAL, INDIVISIBLE, INHERENT & INALIENABLE
TYPES:
CIVIL AND POLITICAL
ECONOMIC, SOCIAL AND CULTURAL
COLLECTIVE (ENVIRONMENTAL, PEACE AND SELF-DETERMINATION)
MAGNA CARTA
(1215)
DESCRIPTION:
EQUALITY BEFORE THE LAW
ENGLISH
COMMON LAW
DESCRIPTION:
HABEAS CORPUS (CANNOT BE IMPRISONED WITHOUT REASON)
DECLARATION OF
RIGHTS (1689)
DESCRIPTION:
ESTABLISHED SUPREMACY OF PARLIAMENT OVER THE KING
AMERICAN
DECLARATION OF
INDEPENDENCE 1776
DESCRIPTION:
“ALL MEN ARE CREATED EQUAL”
FRENCH DECLARATION
OF RIGHTS OF MAN
AND CITIZEN 1789
DESCRIPTION:
“ALL MEN ARE BORN AND REMAIN FREE AND EQUAL”
MOVEMENTS
RECOGNISING HUMAN
RIGHTS
MOVEMENTS:
ABOLITION OF SLAVERY
TRADE UNIONISM AND LABOUR RIGHTS
UNIVERSAL SUFFRAGE
UNIVERSAL EDUCATION
SELF-DETERMINATION
ENVIRONMENTAL RIGHTS
PEACE RIGHTS
FORMAL STATEMENTS
OF HUMAN RIGHTS
STATEMENTS:
INTERNATIONAL BILL OF RIGHTS
UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948)
INTERNATIONAL COVENANT ON CIVIL
AND POLITICAL RIGHTS (1966)
INTERNATIONAL COVENANT ON ECONOMIC
AND CULTURAL RIGHTS (1966)
IBR
DESCRIPTION:
INTERNATIONAL BILL OF RIGHTS
THIS DOCUMENT IS MADE UP OF THE
UDHR, THE ICCPR AND THE ICESCR
UDHR
(1948)
DESCRIPTION:
THIS DOCUMENT LISTS THE HUMAN RIGHTS TO WHICH EVER
PERSON IS ENTITLED
ICCPR
(1966)
DESCRIPTION:
THIS DOCUMENT PROTECTS CIVIL AND POLITICAL RIGHTS
ICESCR
(1966)
DESCRIPTION:
THIS DOCUMENT PROTECTS ECONOMIC, SOCIAL AND CULTURAL
RIGHTS
STATE
SOVEREIGNTY
DEFINITION:
DOMESTIC AFFAIRS OF A NATION, ARE SUBSEQUENTLY
CONTROLLED BY THE NATION
UN
DESCRIPTION:
IS A RANGE OF BODIES AND INSTRUMENTS THAT PROMOTE AND
ENFORCE HUMAN RIGHTS
OHCHR
DESCRIPTION:
THE OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS
OFFERS SUPPORT AND EXPERTISE TO THE VARIOUS HUMAN
RIGHTS MONITORING BODIES AND SYSTEMS
OVERSEES THE HUMAN RIGHTS COUNCIL
UNHRC
DESCRIPTION:
THE UNITED NATIONS HUMAN RIGHTS COUNCIL
IT IS RESPONSIBLE FOR THE PROMOTION AND PROTECTION OF
HUMAN RIGHTS. ITS ROLE IS TO EXAMINE AND MAKE
RECOMMENDATIONS FOR ACTION TO THE UNSC
EXAMPLES:
TOONEN V AUSTRALIA (1994) – TASMANIA REPEALED HOMOSEXUAL LAWS
HRSC
DESCRIPTION:
THE HUMAN RIGHTS SECURITY COUNCIL
RESPONSIBLE FOR THE PROTECTION OF HUMAN RIGHTS
“TO TAKE ACTION BY AIR, SEA OR LAND TO MAINTAIN OR RESTORE
INTERNATIONAL PEACE AND SECURITY”
IGOS
DESCRIPTION:
INTERGOVERNMENTAL ORGANISATIONS
RESPONSIBLE FOR THE PROTECTION OF HUMAN RIGHTS WITHIN
MEMBER STATES
INVESTIGATES AND CAN IMPOSE SANCTIONS ON MEMBER STATES
ICC
DESCRIPTION:
INTERNATIONAL CRIMINAL COURT
HEARS CASES FROM SERIOUS INTERNATIONAL HUMAN RIGHTS
CRIMES
THE ROME STATUTE (2010) GIVES THE ICC PROVISIONS AND
JURISDICTION IN 111 COUNTRIES
AD HOC
TRIBUNALS
DESCRIPTION:
SET UP BY THE UNSC
RESPONSIBLE FOR PROSECUTING CRIMES AGAINST HUMANITY
EXAMPLES:
FORMER YUGOSLAVIA (1991)
RWANDA (1994)
NGOS
DESCRIPTION:
NON - GOVERNMENTAL ORGANISATIONS
OPERATES INDEPENDENTLY FROM GOVERNMENTS AS OBSERVERS AND PROMOTERS
OF HUMAN RIGHTS
EXAMPLES:
AMNESTY INTERNATIONAL & HUMAN RIGHTS WATCH
THE RED CROSS
MEDIA
DESCRIPTION:
RAISES INTERNATIONAL AND DOMESTIC AWARENESS
THE AUSTRALIAN
CONSTITUTION
DESCRIPTION:
OUTLINES AUSTRALIAN’S RIGHTS AND FREEDOMS
EXAMPLES:
THE RIGHT TO VOTE
THE RIGHT TO TRIAL BY COURT
THE RIGHT TO FREEDOM OF RELIGION
COMMON LAW
DESCRIPTION:
AUSTRALIAN JUDICIAL SYSTEM CREATES AND RESTRICTS
AUSTRALIAN’S RIGHTS AND FREEDOMS
EXAMPLES:
NATIVE TITLE - MABO & OTHERS V QLD (1992)
NO RIGHT TO LEGAL REPRESENTATION – MCINNES V THE QUEEN (1979)
RIGHT TO LEGAL REPRESENTATION IN SERIOUS MATTERS - DIETRICH V THE QUEEN (1992)
STATUTE LAW
DESCRIPTION:
PARLIAMENT INTRODUCES LEGISLATION WHICH ADDRESSES
AUSTRALIAN’S RIGHTS AND FREEDOMS
CREATES LAWS AND BODIES TO MONITOR HUMAN RIGHTS
EXAMPLE:
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (HREOC) WHICH BECAME THE
AUSTRALIAN HUMAN RIGHTS COMMISSION (AHRC)
AHRC
DESCRIPTION:
THE AUSTRALIAN HUMAN RIGHTS COMMISSION
INVESTIGATES AND CONCILIATES COMPLAINTS ABOUT HUMAN
RIGHTS. IT DOES NOT HAVE THE POWER TO MAKE LEGALLY
BINDING DECISIONS
NSW ADT
DESCRIPTION:
THE NEW SOUTH WALES ADMINISTRATIVE DECISIONS TRIBUNAL
HEARS COMPLAINTS ABOUT DISCRIMINATION AND MAKES
LEGALLY BINDING DECISIONS
EXAMPLES:
ABDULRAHMAN V TOLL PTY LTD (2006) – RULED RACIAL VILIFICATION
ABOLITION OF
SLAVERY
DESCRIPTION:
ABOLISHED SLAVERY AND THE SLAVE TRADE
TRADE UNIONISM
AND LABOUR
RIGHTS
DESCRIPTION:
IMPROVED THE RIGHTS OF WORKERS GLOBALLY
EXAMPLES:
MINIMUM WAGE
EQUAL PAY FOR EQUAL WORK
UNIVERSAL
SUFFRAGE
DESCRIPTION:
THE RIGHT FOR EVERY MAN AND WOMAN OF A CERTAIN AGE TO
VOTE
UNIVERSAL
EDUCATION
DESCRIPTION:
THE RIGHT TO EVERY MALE AND FEMALE TO ACCESS, ATTEND
AND ACHIEVE AN EDUCATION
SELF
DETERMINATION
DESCRIPTION:
THE RIGHT FOR PEOPLE TO GOVERN AND LIVE FOR
THEMSELVES
EXAMPLES:
FREE FROM COLONIAL OPPRESSION
THE RIGHT TO ELECT A GOVERNMENT OF THE PEOPLE FOR THE PEOPLE
ENVIRONMENTAL
RIGHTS
DESCRIPTION:
THE RIGHT TO A CLEAN, HEALTHY AND SUSTAINABLE
ENVIRONMENT
EXAMPLES:
THE KYOTO PROTOCOL (1998)
AUSTRALIA SIGNED (2007)
PEACE RIGHTS
DESCRIPTION:
THE RIGHT TO PEACE, THEIR GOVERNMENT TO MAINTAIN PEACE
AND TO ELIMINATE WAR
EXAMPLES:
TREATY ON NON-PROLIFERATION OF NUCLEAR WEAPONS (1968)
CANNOT BUY OR SELL NUCLEAR WEAPONS AND MUST WORK TOWARD DISARMAMENT
ICJ
DESCRIPTION:
THE INTERNATIONAL COURT OF JUSTICE
HEAR AND JUDGE DISPUTES BETWEEN STATES AND TO ISSUE
ADVISORY OPINIONS ON MATTERS OF INTERNATIONAL LAW
VERY LITTLE JURISDICTION
EXAMPLES:
THE ISRAELI WEST BANK CONSTRUCTION ON OCCUPIED PALESTINIAN TERRITORY
ISRAELI GOVERNMENT GUILTY OF VIOLATING INTERNATIONAL HUMANITARIAN LAW
THE HIGH COURT
DESCRIPTION:
CAN OVERTURN STATE OR FEDERAL LEGISLATION
EXAMPLES:
ROACH V ELECTORAL COMMISSIONER (2007)
PRISONERS HAVE A RIGHT TO VOTE