Nature of Human Rights

Human Rights Part 2 of the Core - (1) Nature of Human Rights

Human Rights: Themes and

Challengesthe changing understanding of the relationship between state sovereignty and human rights

issues of compliance and non-compliance in relation to human rights

the development of human rights as a reflection of changing values and ethical standards

the role of law reform in protecting human rights

the effectiveness of legal and non-legal measures in protecting human rights

These are very important when it comes to assessment time!

Its all about the themes and challenges

This is what the syllabus says...

Hint: Main Syllabus Points, learn these as you go through this topic

Where Will Human Rights be tested in the

HSC?5 Multiple Choice

Questions

Hint: At the end of each presentation there is a series of MC questions

15 Marks of Short Answers

Definition of Human RightsHuman Rights are entitlements that we deserve to enjoy simply by virtue of our humanity

Human rights are designed as universal, inalienable (cannot be taken away) and inherent in all people

Hint: Don’t confuse rights (entitlements) with Duties (obligations)

A legal philosophy that argues there is a law above human law to which all humans are subject.

In Ancient and Medieval times it was called divine(religious) law

Natural Law Doctrine

Human Rights in the World

Modern human rights law

1. UN Charter

Hint: The charter comes up in human rights and world order

2. Universal declaration of human rights 1948

The conventions

Developing Recognition of Human Rights

Forced labour where a person is considered to be property of another. Debt slavery was used in history as a form of punishment for crime

Transatlantic Slave Trade – European ships trading products for slaves to be used into USA. Est. 12million Africans forced into slavery during 17th and 19th century

Slavery is banned under Article 4 of the Universal Declaration of Human Rights

Slavery still exists in Australia (sex industry)

CASE: Wei Tang 2006

1. The Abolition of Slavery

Slavery in the Modern Age

Developed during the Industrial Revolution due to poor working conditions, lack of safety and long working hours

Many laws were made to stop workers forming unions

Labour rights protected in UDHR 1948 article 23 and 24 and International Covenant on Economic, Social and Cultural Rights (ICESCR)

Workers rights face challenges still today in the Middle East and Asia

2. Trade Unions and Labour Rights

Dubai: Workers Rights

Migrant Worker’s Rights

Suffrage – the legal right to vote in a democratic election. At first voting was only given to men with larger land ownerships.

Suffragettes were people who supported giving voting rights to women. New Zealand (1893) was first, followed by South Australia (1894)

Aboriginal voting rights were established in 1967

Voting rights recognised in UDHR 1948 in article 21

3. Universal Suffrage

Education was only available for the wealthy and powerful.

Education was given through the church – Sunday Schools

The rise of the industrial revolution produces a need for a literate and educated society

Recognised in UDHR 1948 article 26 and under United Nations Millennium Development Goals for 2015

4. Universal Education

Universal Education

Education is heavily protected in australia

The main legislation is the Education Act 1990 (NSW)

Theme and Challenge Timethe development of human rights as a reflection of changing values and ethical standards

Exam Tip: when answering short answer question it is important to back your writing up with an example

A collective right - group of people to govern themselves without influence or pressure from another country

Breaking up of empires to nation states (decolonisation)

More recent issue involving indigenous populations

Recognised under UN Charter article 1

5. Self Determination

Hint: Collective Rights are different than Individual Rights

Colonised by Portugal in the 16th Century until 1975

Shortly after East Timor declared its independence but then it was invaded by Indonesia

In 1999, the UN backed East Timor’s Self Determination and became a sovereign state in 2002

Case Study : East Timor (Timor Leste)

East Timor Issues Today

Rights are under control of humans for a safe and healthy world

Rights just not for current generation but future generations

Recognised under the Stockholm Declaration 1972, The Kyoto Protocol 1997 and the UN Climate Change Conference 2009 Copenhagen

6. Environmental Rights

Movement in 20th century from war to peace

Established through the development of United Nations

Recognised under the UN Declaration on the Right of Peoples to Peace 1984

Peace under international law is balanced against the right to self defence

7. Peace Rights

Hint: These Rights are linked to non-legal responses in World Order

Modern human rights law created due to the aftermath of WW1 and WW2(Holocaust). Here is a list of human rights development:

Magna Carta 1215 – freedom of movement and due process of law

English Bill of Rights 1688 – right for parliament to make laws

Treaty of Westphalia 1648 – development of sovereign state concept

American Declaration of Independence 1776 – right to live own life

French Declaration of the Rights of Man and the Citizen of 1789

International Bill of Rights (UDHR 1948, ICESCR 1976, ICCPR 1976)

UN Conventions 20th Century

Formal Statements of Human Rights

How International Law is Linked

International Bill of Rights

Universal Declaration of Human Rights

1948

International Covenant on Civil

and Political Rights (ICCPR)

1976

International Covenant on

Economic, Social and Cultural

Rights ( ICESCR) 1976

Unified declaration (soft law) between member states of the United Nations

Contains 30 articles covering human rights.

Arguably the most important human rights document

Forms the basis of International Customary Law

1. Universal Declaration of Human Rights 1948

UDHR 1948 - 30 Articles

Eleanor Roosevelt UDHR Speech

Approved in 1966, ratified 1976 – received little support by USA and USSR.

Main rights include:

equality between men and women the right to life freedom of movement fair trial and presumption of innocence freedom of thought, conscience, speech, religion and assembly Right to marry and children to be given special protection Right to vote and ensures ethnic minorities the right to enjoy their own cultures.

2. International Covenant on Civil and Political Rights 1976 (ICCPR)

ICCPR MAP

In 2010, the ICCPR has been widely ratified, with 165 state parties.

However, there are some notable exceptions – China, Nauru and Cuba have signed but have not ratified into domestic law.

USA (1992) has signed and ratified but still have many reservations to some articles – freedom of speech, Capital punishment, in some matters of children crime treated as adults

Countries that have not signed or ratified ICCPR – Burma, Malaysia, Saudi Arabia and Singapore

Theme and Challenge TimeIssues of compliance and non-compliance in

relation to ICCPR

Exam Tip: If you have time, underline all legislation, cases, media articles, treaties and other documents in your exam

Death Penalty 2013

Approved in 1966 and came into force in 1976

Rights include labour rights – just conditions, fair wages and the right to join trade unions.

Adequate standard of living, adequate food, clothing, housing and health care.

Finally the right to education – stating primary education should be compulsory and free for all

3. International Covenant of Economic, Social and Cultural Rights (ICESCR)

ICESCR MAP

International Covenants 1976

In 2010, ICESCR has been widely ratified, with 160 state parties

The USA has signed ICESCR in 1979 but never ratified it. South Africa has done this also.

Notable countries that have not signed or ratified ICESCR include Burma, Malaysia and Saudi Arabia

Theme and Challenge TimeIssues of compliance and non-compliance in

relation to ICESCR

Hint: Compliance is a very important word in Legal Studies

Magna Carta 1215

revisionThe International Covenant on Civil and Political Rights deals with the right to participate in the democratic process, including:

freedom of speech and religion and the right to vote freedom from unfair arrest and detention and the right to a fair trial freedom of association and the right to join trade unions.

The International Covenant on Economic, Social and Cultural Rights deals with rights to basic living standards, including:

access to food, housing, work, social security, education and health; and fair wages and safe working conditions

Human Rights:Multiple Choice

1. Which of the following best describes the right to universal suffrage?

(A) A collective cultural right (B) A collective economic right (C) An individual political right

(D) An individual moral right

Correct Answer

(C) An individual political right

2. Which of the following is an essential feature of a human

right?

(A) It is universal. (B) It is collective.

(C) It is recognised by a court. (D) It is recognised by the state.

(A) It is universal.

Correct Answer

3. Which of the following can best provide for the protection of human

rights?

(A) The Universal Declaration of Human Rights

(B) The existence of the rule of law in a particular country

(C) The existence of universal suffrage in a particular country

(D) The International Covenant on Civil and Political Rights

Correct Answer

(B) The existence of the rule of law in a particular country

4. What is meant by the term universal suffrage?

(A) The right of all adults to vote freely at

elections (B) The right of a government to determine

who can enter its country (C) The right of all people to have basic human rights and be free from suffering

(D) The right of an accused person to remain silent when questioned by the police

(A) The right of all adults to vote freely at elections

Correct Answer

5. Which of the following is NOT a widely recognised element of human rights?

(A) Human rights are inalienable.

(B) Human rights are culturally specific. (C) Human rights have universal application. (D) Human rights are all of equal importance

(B) Human rights are culturally specific.

Correct Answer

6. Which of the following is a collective human right?

(A) Self-determination

(B) Trade unionism (C) Universal education (D) Universal suffrage

(A) Self-determination

Correct Answer

7. Which of the following gives the best international recognition to an

individual’s human rights?

(A) Treaties (B) Natural justice

(C) State sovereignty (D) The International Court of Justice

(A) Treaties

Correct Answer

8. What is universal suffrage?

(A) The right to vote (B) The right to education

(C) The right to join a trade union (D) The right to legal representation

(A) The right to vote

Correct Answer

9. Which of the following statements is true in relation to the Universal

Declaration of Human Rights?

(A) It is enforced in NSW (B) It was written by the Security Council (C) It documents the entitlements of all

individuals (D) It is incorporated into the Australian

Constitution.

(C) It documents the entitlements of all individuals

Correct Answer

10. Which of the following groups might seek self-determination?

(A) Asylum seekers

(B) Non-government organisations (NGOs) (C) Indigenous peoples within a nation-

state (D) Individuals with grievances against a

state

(C) Indigenous peoples within a nation-state

Correct Answer

11. The country that first adopted equal female

suffrage was:

(a) Australia (b) New Zealand

(c) Great Britain (d) the United States

(B) New Zealand

Correct Answer

12. A national government bans all forms of public protest by an environmental

group. What is being denied by the government?

(A) Civil and political rights

(B) The right to self-determination (C) Environmental and peace rights

(D) Economic, social and cultural rights

(A) Civil and political rights

Correct Answer

13. Which of the following is NOT a feature of human rights?

(A) They are inherent. (B) They are universal.

(C) They are enforceable. (D) They are inalienable.

(C) They are enforceable.

Correct Answer

14. The UDHR :

(a) was adopted in 1945 (b) is soft law

(c) only deals with crimes committed in wartime

(d) no longer has any legal standing in international law because it has been

superseded by the ICCPR and the ICESCR

(b) is soft law

Correct Answer

15. :What is the main aim of the

International Covenant on Civil and Political Rights?

(A) To protect the educational needs of people

(B) To protect the cultural wellbeing of people

(C) To protect people in regards to their basic needs

(D) To protect people from arbitrary use of power by governments

(D) To protect people from

arbitrary use of power by

governments

Correct Answer

Human Rights:Short Answers