Unit 2 - AOS 3 (human rights)

• human rights


  there is no 1 definition of human rights.  

  • "basic freedoms or standards that promote and uphold the dignity of all people and are guaranteed by moral sense of duty or by the law" 
  • Human rights belong to all people no matter their race, nationality, religion, age, gender identity or economic status. 
• Universal Declaration of Human Rights 


  • Following WWII Australia was involved in developing the UDHR 
  • Sets out most of the basic human rights that all nation sand governments should aim to promote and uphold 
  • Has now been adopted by 192 members of the UN 
• international treaty v international declaration


  International treaty 

  • Agreement between countries and binds countries under international law 
  • To apply in Australia the government must ratify of pass domestic legislation about the contents of the treaty  
  • You are PUNISHED when you break the treaty 

  International declaration  

  • Agreement between countries and is non – binding  
  • Sets out the hopes of the parties on a particular topic  
  • You are NOT PUNISHED when you break the declaration  
• Australian Constitution:  


  The Constitution sets out the rules by which Australia is run. It creates and outlines the structure and the law-making powers of the Commonwealth Parliament. 
• how are rights protected?


  • A referendum must be held in order to change ANY wording of the constitution.  
  • A referendum is a public vote with double majority provision in order to be successful. 
  • Only 8 out of 45 referendums have been successful since federation.  
• what is the double majority

  The double majority means that the majority of total voters and the majority of voters in the majority of states must vote yes for the referendum to be successful. E.g. (51%+ or 4/6 not 3/6) 
• Express rights v implied rights


  Express rights: explicitly written in constitution  

  1. Religion (s.116) 
  2. Interstate trade (s.92) 
  3. State based discrimination (s.117) 
  4. Right to a jury (s.80) 
  5. Just terms (s.51) xxxi = 31 

   

  Implied rights: not written in cons, HC cases have interpreted  

  1. Political communication (chosen by the people) 
  2. Vote (chosen by the people) 
• Charter of human rights and responsibility's:


  It sets out the basic rights, freedoms and responsibilities of the Victorian people.  

   

  All new bills need to be checked against this to ensure they do not infringe any of the rights in the charter.  
• Statute Law = ...


  Laws made by parliament  
• Common Law = ...


  Laws made by judges through the courts