HSC Human rights short answers PDF

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These are some short answer responses to prepare for examinations. They all received high marks and provide a clear outline that you can also base answers on. ...

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HUMAN RIGHTS SHORT ANSWERS Outline how changing values and ethical standards contributed to the development of human rights (3 marks) Human rights are universal, inalienable and inherent. This means that they apply to all people regardless of status, race and gender, they cannot be taken away. An example of this is the right to vote for Aboriginal people in 1962 in federal elections. Moral values and ethical standards sparked these changes due to the bitter experience of two world wars and genocide on a massive scale in the first half of the 20th century, leading to a change in values and a determination to do everything to build a new world order where human rights are respected and upheld. Great historical events including: UN Charter, promoted a dramatic shift in the international community by placing human rights centre stage in international law as they never had been before. Thus, human rights law are now a major branch of international law, connecting in some way with all other areas of international law. How do courts and tribunals promote and enforce human rights in the International community? (5 marks) The role of courts and tribunals is to exercise their power to hear matters involving human rights abuse. The international criminal court (2002) and ad hoc tribunals, were established in 2002 by the Rome statute. The ICC’s role is to prosecute International crime, hear matters that fall under human rights abuses such as genocide and crimes against humanity. The ICC has jurisdiction to prosecute individual people rather than states, which makes it a powerful constitution for combating individuals who seek to use state sovereignty as a defence for their abuses. Hence, Since its establishment the ICC has two convictions; Lubanga in 2012 and Katanga in 2014. This shows that whilst they are successful in protecting human rights, international courts are time consuming and need a lot of recourses to secure a conviction. Further, the international court of justice (1946), provides advisory opinions to UN on international law matters, including human rights issues. The ICJ limited jurisdiction in terms of civil disputes, preventing effective enforcement of human rights, unable to hear private human rights complaints, Further, the ICJ has the jurisdiction to settle international disputes and produce advisory opinions on matters of international law. The Court is unable to to hear case brought by individual people or private organisations, is restricted to states themselves and has very little power of enforcement. Identify two intergovernmental organisations that promote human rights? (2 marks) - Australian Human Rights Commission - Commonwealth of Nations Define the concept of universal suffrage? (2 marks) Universal suffrage refers to the collective and universal right to vote in government elections (self determination). The concept of universal suffrage is only a recent development in the world, but where it has been achieved, it is now considered an essential human right. Where it exists today it has often been achieved as a result of prolonged or bloody civil wars, international intervention or assistance. Where it does exist it requires constant checks and balances to ensure that it remains genuinely free and healthy. For example, the right for aboriginal people to vote in Australia in 1962. Choose one on the human rights below and outline its historical development. In your response, you should refer to relevant legislation, cases and International instruments. (6 marks) - slavery - Right to peace - Trade union and labour rights - Environmental rights Slavery refers to a type of forced labour in which a person is considered to be the legal property of another. For most of human history, slavery was taken for granted and was considered integral to society and the economy, for example, debt slavery. Moves to abolish slavery in European cities began as early as the 12th century. As Europeans began to conquer the New World and their empires expanded, they required more and more resources to grow and support their new colonies, causing the transatlantic slave trade of African people to Europe. However, as the horrors of the slave trade became known in Europe, a political movement aimed at abolishing it began. Known as abolitionism, the movement began in the 18th century and gradually grew. Anti-slavery campaigns continued in Britain, led in particular by British campaigner William Wilberforce, and exerted pressure on the British Government to end the trade in slaves in its overseas territories. The abolition ended in Although fiercely opposed by those with interests in the trade, importation of slaves to the colonies was officially ended in the British Empire with the passing of the Slave Trade Act 1807 (UK). However, it was not until the Slavery Abolition Act 1833 (UK), that slavery itself was abolished. Slavery was made illegal in australia through the Slave Trade Act 1824 (Cth). Hence, human trafficking, child labour, sexual slavery and forced labour are still serious issues around the world and new measures have begun to be taken to try to combat these forms of slavery. Name one binding (enforceable) human rights treaty and a right it protects? (2 marks) The international covenant on civil and political rights (ICCPR) protects individuals from arbitrary/totalitarian exercises of power by the state. Examples include: freedom of religion, the right to life and the right to a fair trial. This was set out in 1966, the ICCPR creates an obligation on states to respect the civil and political rights of individuals, including equality between men and women.

! Outline the role of the UN Human Rights Council in promoting and enforcing human rights. (3 marks) The role of the UN human rights council is to maintain International peace and security. The Council can pass legally binding resolutions of member states. The council protects human rights by approving military intervention and encouraging human rights standards. The UN organ charged with international peace and security. It exercises its power through legally bringing resolutions, it can arrange peacekeeping forces in troubled spots around the world and impose sanctions. Thus, The Council has the power to intervene in the most serious of human rights abuses by statuses. Identify 2 formal statements of human rights? (2 marks) - Universal declaration of human rigs (UDHR) - International covenant on civil and political rights (ICESCR) Define peace rights? (2 marks) Peace rights refer to the fundamental entitlement afforded to all people to live free from conflict, war or any form of oppression. In 1984 the UN General Assembly adopted a Declaration on the Right of Peoples to Peace. Although as a declaration it is non-binding, it It claimed that all ‘people of our planet will have a sacred right to peace’. Thus, Peace rights are recognised as fundamental to the United Nations, yet war still continues. ! Outline the role of the United Nations in ensuring compliance with human rights? (5 marks) The United Nations established in 1945, has the responsibility of every aspect of intentional affairs. It aims to promote International standards of behaviour by which all sovereign states should aim to adhere to. There are 5 main organs of the United Nations under the UN charter and play an important role n the promotion and protection of human rights. These 5 organs include: UN general assembly, UN security council, Economic and social council, UN secretariat, International Court of justice and the human rights council. The UN general assembly is the main deliberative organ composed of representatives from all member states. It aims to promote human rights through hearing reports on human rights abuses and makes recommendations to member statues on any matter under the Charter of the UN. The Un security council maintains international peace and security and the Council has the power to intervene in the most serious of human rights abuses by statuses. The economic and social council assists in promoting international economic and social cooperation and development. The UN secretariat provides various information, tasks and facilities needed by the UN. Further, the International court of justice is the principal organ of the UN, the ICJ has jurisdiction to settle international disputes submitted to it by member states, and produce advisory opinions on matters of international law. Hence, the human rights council is a UN body that promotes human rights and reports on human rights violations, making recommendations to the General Assembly. ! Identify 2 statutes that protect human rights in Australia? (2 marks) - human rights committee - Committee on the rights of the child Outline how the right to self-determination and universal suffrage differ? (4 marks) Universal suffrage refers to the legal right to vote in a democratic election, whereas self-determination refers to the rights discussed so far have been rights of the individual, such as the right of an individual to join a trade union or the right to universal education. However, the right to self-determination differs from individual rights – it is a collective right, a right of a group or a people. The collective right to self-determination means that people of a territory or national grouping have the right to determine their own political status: the group has the right to choose how it will be governed without undue influence from another country. Explain the role of ONE intergovernmental organisation in the enforcement and promote of human rights in the International community? (4 marks) An intergovernmental organisation is an international institution made up of member states. IGOs are created by agreement between states, and each has an international treaty that acts as a charter outlining the organisation’s purpose and operation. They are usually permanent, meet regularly and have international legal ‘personality’, which means they can enter into enforceable agreements and are subject to international law. Apart from the United Nations, a number of IGOs have the promotion of human rights as part of their stated goals and can exert significant influence on the human rights situations of their member states, although the influence of every organisation differs. An example of an IGO is the Commonwealth of Nations, made up of 54 members, including Australia, it operates within a framework outlined in the Singapore Declaration. The Commonwealth’s stated aims include the promotion of democracy, the rule of law, human rights, individual liberty and good governance.! Discuss whether Australia should have a Charter of Rights? (5 marks) A charter of rights refers to a bill of rights, is a list of the most important rights to the citizens of a country.While Australia lives under a peaceful democracy, where rights for most people are protected, minorities and non-Australian citizens lack the benefits that a Charter of Rights would give. If a Charter of Rights was introduced in Australia the Constitution may be entrenched or statutory. If made statutory, it is created and placed into society like any other law and can result in it not being as effective as other laws. If entrenched it is embedded in the constitution of that country, which may severely limit government's power to intervene in the lives of Australian citizens. The advantages of a charter of rights would allow for extremely high community support, it would allow for redress of the inadequacy of

existing human rights protections, puts rights above politics, improving the quality and accountability of government. Additionally, it improves quality and accountability, and balances the rights and responsibilities being the essence of freedom. However, if made law it would be difficult to amend. The democratic processes and institutions offer better protection of rights, this would mean that no bette human rights protection is guaranteed. Further, it would be excessive and costly litigation due to the excessive need for legal proceedings, becoming a major economic cost. Hence, there are both negatives and positives to the implementation of a charter of rights.! Outline 2 reasons to introduce a charter of rights in australia? (2 marks) - Improves the quality and accountability of government - Balancing rights and responsibilities is the essence of freedom Outline how international human rights are incorporated into Australian domestic law. (2 marks) Australia and the UK are dualist systems, i.e a treaty does not make it enforceable in Australian law. When an international treaty is negotiated and formed, states indicate their agreement to the principles of the treaty by signing it. Signing a treaty means the country will have to act in the spirit of the treaty, but it is not directly binding. In most cases a treaty will need to be ratified by the state before it becomes binding and enforceable. The rights and obligations of the treaty will need to be incorporated into Australian law by the parliament usually passing legislation that echoes the words of the treaty or amends existing laws. For example, when australia ratified Rome Statute of the International criminal court in 2002, the Commonwealth parliament simultaneously passed the International criminal court act 2002 (Cth), to enact the proviso of the treaty into Australian law.! Explain how the Australian Human Rights Commission OR another independent statutory authority promotes human rights. (3 marks) The Australian Human rights commission investigates various complaints into discrimination/breaches of human rights; promotes public awareness about HR. If issue cannot be resolved it can take the matter to the Federal Court, which has the power to make enforceable orders on recommendations of the Commission. How are human rights protected by the Australian Constitution? (5 marks) The Australian Constitution lays down the system of the Australian government through which human rights are recognised. The doctrine of separation of powers, is important in protecting human rights. It involves the separation of the branches of state: executive, legislate and judiciary. The Constitution also defines the division of powers between the Commonwealth and Australian states. This is the basis of the Australian federation – how legislative power is divided between Commonwealth and state parliaments. However, the writers of the Constitution did include some rights – these are known as express rights. Additionally, over the last century the High Court has interpreted the Constitution as necessarily holding certain other rights. Even though they are not written in it, the High Court has found that certain rights must have been intended in order for the Constitution to function effectively – these are known as implied rights. These rights that are protected by the constitution include: freedom of religion, the right to vote in federal elections and right to a trial by jury. Thus, these rights are clearly very limited, and over time the High Court has judged that certain other rights can be implied in the text and structure of the Constitution....