HUMAN RIGHTSHUMAN RIGHTS

the universally recognisable the universally recognisable interests, powers, liberties and interests, powers, liberties and

entitlements associated with respect entitlements associated with respect for human dignity and freedomfor human dignity and freedom

KEY CONCEPTSKEY CONCEPTS State sovereignty: the power of a state to State sovereignty: the power of a state to

have control over its territory and its have control over its territory and its subjects.subjects. Each country governs itself. Its internal affairs Each country governs itself. Its internal affairs

remain its internal affairs and it can’t be forced remain its internal affairs and it can’t be forced into accepting any international involvement in into accepting any international involvement in its human rights policies.its human rights policies.

Natural law: law created by higher powers Natural law: law created by higher powers or higher reasoning.or higher reasoning. Not created by humans (positive law), but Not created by humans (positive law), but

simply existssimply exists Is a primary basis for many of the human rights Is a primary basis for many of the human rights

that currently existthat currently exist

HISTORIC DOCUMENTSHISTORIC DOCUMENTS

Magna Carta 1215Magna Carta 1215 imposed on King John in 1215 to ensure that his imposed on King John in 1215 to ensure that his

pwr would be ltd in the governing of England. pwr would be ltd in the governing of England. The doc provided for the due process of the law The doc provided for the due process of the law and fdm of mvmt.and fdm of mvmt.

English Bill of Rights 1688English Bill of Rights 1688 gave parliament (not King) the right to make lawsgave parliament (not King) the right to make laws

US Bill of RightsUS Bill of Rights gave American citizens the rights they had gave American citizens the rights they had

fought the British to gain: freedom of religion; fought the British to gain: freedom of religion; freedom of speech; freedom of the press; freedom of speech; freedom of the press; freedom of assemblyfreedom of assembly

HISTORIC DOCUMENTSHISTORIC DOCUMENTS French Declaration of the Rights of Man and French Declaration of the Rights of Man and

the Citizen 1789the Citizen 1789 ensured the French would be governed by the ensured the French would be governed by the

rule of law, guaranteeing individual citizenship rule of law, guaranteeing individual citizenship and the collective sovereignty of the people and the collective sovereignty of the people ((egalité, fraternité, liberté)egalité, fraternité, liberté)

UN Declaration of Human Rights 1948UN Declaration of Human Rights 1948 most comprehensive historical doc covering most comprehensive historical doc covering

human rights. human rights. A decln of the basic principles and fundamental A decln of the basic principles and fundamental

fdms of humanity that ought to be respected. fdms of humanity that ought to be respected. Bc it’s a dcln, it gains pwr from acceptance by Bc it’s a dcln, it gains pwr from acceptance by

internal community, as opposed to formal internal community, as opposed to formal ratification. ratification.

HISTORIC DOCUMENTSHISTORIC DOCUMENTS

Among the 30 articles in the UNDHR are listed Among the 30 articles in the UNDHR are listed the right to:the right to:

Life, liberty and security of the personLife, liberty and security of the person Equity before the lawEquity before the law Freedom of movementFreedom of movement Health protectionHealth protection Vote and participate in governmentVote and participate in government An adequate standard of livingAn adequate standard of living Form and join a trade unionForm and join a trade union EducationEducation

Other UN treaties and conventionOther UN treaties and convention

MOVEMENT FOR ABOLITION OF MOVEMENT FOR ABOLITION OF SLAVERYSLAVERY

Began as an extension of revolutionary thinking Began as an extension of revolutionary thinking and developing political philosophies seeking to and developing political philosophies seeking to redress the power inequalities in societyredress the power inequalities in society

Outlawed in Britain in 18th centuryOutlawed in Britain in 18th century Treaties between countries signed in 19th Treaties between countries signed in 19th

centurycentury Series of international agreements and domestic Series of international agreements and domestic

legsn prohibiting this breach of human rights.legsn prohibiting this breach of human rights. ICCPR provides for the abolition of slavery (art 8). ICCPR provides for the abolition of slavery (art 8).

Signed by Australia in 1972, ratified in 1980. Signed by Australia in 1972, ratified in 1980. The Queen v Wei TrangThe Queen v Wei Trang (2008) – High Court of (2008) – High Court of

Australia upheld slavery convictions of a Australia upheld slavery convictions of a Melbourne brothel owner.Melbourne brothel owner.

TRADE UNIONISMTRADE UNIONISMThe collective organisation of workers formed to protect the The collective organisation of workers formed to protect the

rights of individuals from the pwr exerted by employers.rights of individuals from the pwr exerted by employers. Conciliation and Arbitration Act 1904 (CthConciliation and Arbitration Act 1904 (Cth) encouraged the ) encouraged the

growth of unions, but it took some time for both the federal growth of unions, but it took some time for both the federal and state parliaments to get rid of common law crimes re and state parliaments to get rid of common law crimes re strikes and unionism.strikes and unionism.

Some benefits of trade unionism that have a link to human Some benefits of trade unionism that have a link to human rights are:rights are:

Prevention of child labourPrevention of child labour Prevention of forced labourPrevention of forced labour Rejection of apartheid Rejection of apartheid Fair treatment of workersFair treatment of workers Safe working conditions for workersSafe working conditions for workers

International Labour Organisation (ILO) – promoting International Labour Organisation (ILO) – promoting improved industrial conditions for workers; prevent improved industrial conditions for workers; prevent abuses of human rights in employment (eg abuses of human rights in employment (eg discrimination, slavery, child labour, restrictions on discrimination, slavery, child labour, restrictions on fdm of association)fdm of association)

UNIVERSAL SUFFRAGE & UNIVERSAL SUFFRAGE & EDUCATIONEDUCATION

The right of all people within a State to vote in The right of all people within a State to vote in political elections. Considered a human right bc political elections. Considered a human right bc voting permits the voter a say int eh determination voting permits the voter a say int eh determination of government. Doesn’t exist in many nation-of government. Doesn’t exist in many nation-states in the world bc of political/legal system in states in the world bc of political/legal system in operation or the religious foundations of a operation or the religious foundations of a particular society.particular society.

Education is a basic human right – without it a Education is a basic human right – without it a person is unable to properly comprehend the person is unable to properly comprehend the society within which they live and therefore is society within which they live and therefore is unable to determine when and how other human unable to determine when and how other human rights abuses occur.rights abuses occur.

Ex parte Ogden (1893)Ex parte Ogden (1893)

MORAL, CUSTOMARY & LEGAL MORAL, CUSTOMARY & LEGAL RIGHTSRIGHTS

Moral rights come from the principles of how a Moral rights come from the principles of how a person is to behave as set out in religious beliefs. person is to behave as set out in religious beliefs. Today many we hold are modified by the Today many we hold are modified by the philosophical, scientific, sociological and philosophical, scientific, sociological and anthropological theories and views that have anthropological theories and views that have gained mainstream acceptance.gained mainstream acceptance.

Customary rights refer to implicit understanding Customary rights refer to implicit understanding and are based on trust, have at their basis the and are based on trust, have at their basis the accepted way of doing things within a community.accepted way of doing things within a community.

Legal rights are based on a legal system. Legal rights are based on a legal system. Frequently develop from a combination of moral Frequently develop from a combination of moral and customary rights.and customary rights.

DOMESTIC & INTERNATIONAL DOMESTIC & INTERNATIONAL RIGHTSRIGHTS

Human rights can be ‘categorised’ in Human rights can be ‘categorised’ in this waythis way

Such classification refers to human Such classification refers to human rights that have been identified and rights that have been identified and developed in the domestic developed in the domestic jurisdiction or by the international jurisdiction or by the international community.community.

TYPES OF INTERNATIONAL TYPES OF INTERNATIONAL RIGHTSRIGHTS

These rights are These rights are developed through customary developed through customary international law and multilateral treaties and international law and multilateral treaties and conventions developed specifically to address conventions developed specifically to address human rights issues.human rights issues.

Jus cogens: a principle of international law Jus cogens: a principle of international law that may not be contradicted by any that may not be contradicted by any nation (eg state sovereignty)nation (eg state sovereignty)

Collective rights = rights of groups. Incl Collective rights = rights of groups. Incl the right to peace and the right to a clean the right to peace and the right to a clean environmentenvironment

CIVIL&POLITICALCIVIL&POLITICAL

Rights that refer to the integrity of the Rights that refer to the integrity of the person, physically and as a member of person, physically and as a member of the broader societythe broader society

Stated in the ICCPR Stated in the ICCPR Eg right to self-determination; right to Eg right to self-determination; right to

votevote

ECONOMIC, CULTURAL AND ECONOMIC, CULTURAL AND SOCIALSOCIAL

International Covenant on Economic, International Covenant on Economic, Social and Cultural RightsSocial and Cultural Rights

Eg right to work; right to form trade Eg right to work; right to form trade unions; right to education; right to unions; right to education; right to adequate standard of livingadequate standard of living

ENVIRONMENTAL & PEACEENVIRONMENTAL & PEACE

Right to a clean and safe environment.Right to a clean and safe environment. Developed during the cold war. Today Developed during the cold war. Today

based on developments in based on developments in “intergenerational equity” “intergenerational equity”

Peace rights re right to live a peaceful Peace rights re right to live a peaceful world where war, environment world where war, environment devastation and the risk of nuclear devastation and the risk of nuclear fallout are removed or reduced. Incl fallout are removed or reduced. Incl protection of people from the threat of protection of people from the threat of war (see article 2(4) UN Charter)war (see article 2(4) UN Charter)

RIGHT TO SELF RIGHT TO SELF DETERMINATIONDETERMINATION

is a collective rightis a collective right = rights of indigenous people, in = rights of indigenous people, in

particular, to be allowed certain for s of particular, to be allowed certain for s of sovereignty which may include the right sovereignty which may include the right to control certain parts of land and to control certain parts of land and utilise certain laws.utilise certain laws.