Human Rights Notes Legal T4 - Google Docs PDF

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There is no option to submit this under HSC Legal studies 2 unit so i just did the only option. Sorry there is a glitch in your website....

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Human Rights Effectiveness criteria ● resource efficiency. ● accessibility. ● enforceability. ● responsiveness. ● protection of individual rights. ● meeting society's needs. ● application of the rule of law. Themes and challenges to be incorporated throughout this topic:

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The 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.

Define human rights Human rights are something that all humans are entitled to and cannot have taken away. Fundamental, indivisible, inherent Outline how human rights have changed and developed over time

Concepts: ‘Natural Law’ Doctrine, focusing on the promotion of the idea that humans have fundamental freedoms, rights that cannot be taken away. Documents: The following explains the ideas about human rights as established by each one. -

Magna Carta 1215 Declaration of Rights 1689 (UK) Declaration of Independence 1776

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The Declaration of the Rights of the man and the Citizen 1789 UDHR, soft law Bill of rights

Investigate the evolving recognition and importance of universal human rights Movements: The following worked to establish and support fundamental human rights. Abolition of slavery Slavery is a type of forced labour where a person is considered to be the legal property of another. Emancipation Act 1833 (UK) The abolition of transatlantic slave trades is the most successful example of HR laws. Slavery was the main driver for the development of modern human rights. Article 4 UDHR Trade unionisation and labour rights It was through trade unions that article 23 & 24 on labour and trade union rights came about in the Universal Declaration of Human Rights. Labour rights fought for eight hours working days, the labour party and minors. Universal Education Education act 1990 Universal Suffrage Australia Granted women the right to vote in 1902 (second in the world) Self-determination as a collective right Indigenous peoples right to govern themselves Decolonisation, recognised under UN charter article 1

E.G. East Timor Environment as a collective right We have a right to live in a safe and sustainable world HSC Q- Using one example, explain how law reform has assisted in protecting human rights.

Laws must be developed to reflect societies values, over time as values change on issues such as slavery, sexuality and a woman’s role the law is also reformed to keep up. E.g Anti-discrimination act Examine major human rights documents and explain their contribution to the development of human rights Modern human rights laws were created due to the aftermath of WW1 and WW2 (Holocaust). Here is a list of human rights development: -

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

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

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Treaty of Westphalia 1648 – development of the 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

Assess the role of state sovereignty in promoting and enforcing human rights ICJ - The International Court of Justice is one of the United Nations' six primary organs. It resolves disputes between nations in line with international law and provides advice on international legal matters. ICC - The International Criminal Court investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression. ASSESS the role of state sovereignty in promoting and enforcing human rig…

Evaluate the effectiveness of international responses in promoting and enforcing human rights

Outline how human rights are incorporated into Australian domestic law

Evaluate the effectiveness of Australian responses in promoting and enforcing human rights

Discuss the arguments for and against a Charter of Rights for Australia

Investigate a contemporary human rights issue and evaluate the effectiveness of legal and non-legal responses to the issue....