human rights

They are inalienable, inherent, universal rights, irraspective of your sex, race or religion.

abolition of slavery, trade unions and labour rights, univseral sufferage, universal education, self determination, environmental rights and peace rights

one of the first successful movements for globally recognised rights, type of forced labour in which someone is considered legal property of someone else, Article 4 of UDHR (1948)

trade unions represent employees dealing with disputes, (pay) 19th century right to equal pay, for equal work, the right to work and the right to free choice of employment, article 23 UDHR:

19th and 20th century, right of equal access to public service in his country and the right to take part in the government of his country, Article 21:

19th century, right to education and parents have a right to choose the kind of education given to their children, Article 26:

The 18th 19th and 20th century, collective right of the people of a territory or national grouping to determine how they will be governed, Primary doc is UN Charter, article 1 (2) of UDHR reinforces.

19th 20th century, collection of laws, regulations, agreements and common law that governs how humans interact with their environemnt, Paris agreeement treaty CC, stockholm decleration 1972 Protect

20th century, right of citizens to expect their government to do all in its power to maintain peace and work towards the elimination of war, article 1

International document adopted by UN general assembly (UNGA) that enshrines therights and freedoms of all human beings.

multilateral treaty adopted by UNGA resolution 2200A (XXI) on 16 december 1966, and in force from march 23 1976 in accordance with article 49 of the covenant.

multilateral treaty adopted by UNGA on 16 december 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 1976

Est with signing of UN charter 1945, 193 member states, responsible for int affairs, 5 prinicpal organs and agency committees

Main forum for international discussions and reccomendations

Maintencence of international peace and security

54 rotating members, central forum for discussions of economic, social, environmental and humanitarian issues

Main administrative body of the UN

- Principal judicial organ of UN,
- started in 1946 in The Hague Netherlands
- hear and just disputes between states
- issue advisory opinions on matters of INT law

administrative agency under the UN secretariat

Aims to address hr violations and make recommendations

- 2005-2009, world community, security council, secretary-general, and general assembly adpoted the 'responisbility to protect'.
- Aims to make protection of hr an integral part of responsibility that goes with being a soverign state and includes three pillars

political body est under UN charter, main purpose addressing HR violations and making recommendations on them.

- permanent int court, hears cases relation to most serious int crimes and gross human rights abuses (GENOCIDE, WAR CRIMES, CRIMES AGAINST HUMANITY)
- set up under Rome statute, use not a party to rome statute

- set by Security council under rule of UN charter
- Individuals can be tried

- International criminal tribunal for the former Yugoslavia, 1993
- cases about breaches to Geneva Conventions and Hr crimes during breakup of former Yugoslavia in 1991

- International Criminal Tribunal for Rwanda. Set up 1994 to hear cases of genocide committed in Rwanda in 1994.

- ASEAN Intergovernmental Commission on Human Rights (another example of tribunal)

- 8 human rights treaty bodies which are committees of independent experts that monitor compliance with the main international human rights treaties.
Human Rights Committee (OHCHR) The Centre for Civil and Political Rights CCPR) work to promote the participation of NGOs in the world of this committee.
Committee on Economic, Social and Cultural Rights (CESCR)
Committee on the Elimination of Racial Discrimination (CERD)
Committee on the Elimination of Discrimination Against Women (CEDAW)
Committee Against Torture (CAT) and the added Optional Protocol to the Convention against Torture (OPCAT)
Committee on the Rights of the Child (CRC)
Committee on the Rights of Persons with Disabilities (CRPD)
Committee on Migrant Workers (CMW)

- consider reports made by states to the bodies
- states are required to report to these bodies about their treaty compliance (reports based on will of state)
- consider individual complaints or communication
- publish general comments on the treaties and organising discussion and forums on the purposes and themes

- NGOS were instrumental in establishing the UN Charter and the International Bill of Rights
- NGOS are organisations that work towards a certain cause and operate separately to any government.
- Include private voluntary organisations, citizen associations and civil society organisations.

- crucial for 'naming and shaming' of govs
- and hr violations by investigating, reporting and then exposing instances of hr abuse
- lobbying (public support)
- help bring around change (pos or neg)

- Signature: international treaty is signed (on behalf of executive)
- Ratification: accepted by parliament (aer consultation/debate)
- Implementation: legislation must be passed the usual way for the right to be enshrined in domestic law

- UN Convention against Transnational Organised Crime (UNTOC) and its supplementary Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol, 2000)
- ILO Protocol to the Forced Labour Convention (2014)

- Express rights are explicitly written human rights protected by the Constitution
- Implied rights are rights that arenʼt explicitly written, but are implied
- The express rights are freedom of religion, the right to vote in a Commonwealth election, the right to trial by jury in federal
indictable, and the right to just terms where the Commonwealth compulsorily acquired property
- The High Court ruled in Lange V ABC 1997 that the Constitutions contains an implied right to freedom of political
communication: a type of free speech
- The ability of the Constitution to protect Human Rights is very limited

- protected by the Constitution
- protects against the abuse of power, which could lead to human right abuses

- basis of Australian federation: the division at state and federal level
- Residual powers are powers which belong to the states and are not written in the Constitution
- external affairs power extremely important power given to commonwealth (for HR)
- gives the Commonwealth the authority to include international treaties in legislation.

- parliment made law
- Racial Discrimination Act 1975 (Cth)
- Sex Discrimination Act 1984 (Cth)

- court made law
- The presumption of innocence and the right to a fair trial protected by common law
- Justice Brennen remarked that international law was “a legitimate and important influence on the common law, especially
when international law declared the existence of universal human rights."

- est under the Human Rights Commission Act 1986 (Cth) to deal with alleged violations of the Anti-Discrimination
Act 1977 (NSW).
- receives and investigates complaints into discrimination and breaches of human rights.