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31 Cards in this Set
- Front
- Back
Slavery |
a type of forced labour where a person is considered to be legal property of another UDHR & ICCPR |
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debt bondage |
person is forced to pay a type of slavery where a person is forced to pay off a loan by working rather than money |
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Human trafficking |
the illegal movement of people across borders by force or deceptive means Palermo Protocol |
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Universal suffrage |
the right for all citizens to vote in political elections regardless of race, gender or beliefs ICCPR & ICESCR |
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Trade Union |
an organised association of workers formed to protect their rights and interests ICESCR |
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Labour rights |
rights at work: including rights to safe working conditions, minimum wages, paid leave and the right to join a trade union ICESCR |
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Universal education |
the right to free and compulsory education for all children ICESCR |
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self-determination |
the right of people of a territory or national grouping to control at least part of their land, determine their own political status and or how they will be governed UN Charter & ICESCR |
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Peace rights |
the right for all people to expect governments will do all in their power to maintain peace and avoid war UN Charter |
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environmental rights |
the right of the people to live in a healthy adequate environment so that future generations are able to enjoy the same level of environmental quality as the present generation |
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collective rights |
a right belonging to a group or a people opposed to an individual right |
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Universal declaration of Human rights |
promtes respect for human rights adopted as a declaration not as a binding treaty inspired more than 200 treaties foundation for core human rights treaties Monitors and reports on human rights issues |
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International Covenant of Civil and Political Rights (ICCPR) |
Created an obligation to respect civil and political rights Human Rights committee contains: monitoring and periodic reporting arrangments for members of state, reports on compliance by memeber states and investigates violations |
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International Covenant on Economic, Socical and Cultural Rights (ICESCR) |
Created an obligation on states to start working towards granting economic, social and econmic rights to individuals
Provides countries with report cards to show how well they are protecting human rights |
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Contribution of the Bill of Rights |
inspires law reform in countries inspires other treaties ect. provides internationally recognised HR framework Help change values and ethics |
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State Sovereignty |
States have the right to govern themselves without interference from other states or international treaties |
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United Nations |
primary role to protect HRs around the worls many formal bodies set up for international discussion, deliberations, declarations and reccomendations. It exercises its power throgh legally binding resolutions and can authorise military actions, sanctions or peacekeeping operations. |
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International Court of Justice |
its role is to hear disputes between countries does not have a specific human rights role Relativelly ineffective because it can not enforce its decisions |
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International Criminal Court |
hears maters relating to the most serious international crimes deals with individuals and specfic breaches of human rights |
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IGOs |
an international institution made up of member states their role depends on their underllying treaties they include. |
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Non-Governmental Organisations |
their role depends on their stated aim but one of their main roles is to raise awareness, change public opinion and lobby Governments Amnesty International - excellent at promoting, can pressure governments to enforce human rights |
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Media (internationally) |
Raise awareness of HR issues
Name and shame governments Assist in changing public opinion Can't enforce action |
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Australia HR into domestic laws |
signing treaties Ratifying Enact into domestic legislation |
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Constitution |
It lays down the system of Australian government through which human rights are recognised, including the separation of powers and the division of powers
It is the source of specific human rights |
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Express Rights |
Rights included(written) in a document freedom of religion right to vote in the commonwealth elections right to trial by jury |
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Implied rights |
Rights implied through text, structure or purpose of document implied rights to freedom of political communication |
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Statute law (Australian laws passed by implementing treaties) |
Racial Discrimination Act Sex Discrimination Act Disability Discrimination Act Age discrimination Act |
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Statute law (the effectiveness in enforcing HR) |
They are enforceable and a person can be punished if they act against statute law wide reaching main way in Australia in protecting HR Although it can be amended, suspended or appealed |
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Common law (4 laws made to protect HRs) |
The right to not incriminate yourself
The right to a lawyer The right to procedural fairness The right to a fast trial |
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common law (effectiveness in enforcing HRs) |
Overridden by statute law – not fixed · Doesn’t offer absolute protection
Can make some laws on human rights People are bound by decisions independent of government courts can interpret statute law in accordance with human rights |
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For and against Charter of Human rights in Australia |
For - Provide consistent + even standard Against - The charter could transfer too much power to judges who interpret statute under common law |