Legal Human Rights

• Human Rights


  Rights that recognise the inherent value of each person, regardless of our background, where we live, what we look like, what we think or what we believe
• Categories of Human Rights

  • First generation: Civil and political rights
  • Second generation: Economic, cultural and social rights
  • Third generation: Environmental rights and peace rights
• Human rights originated in World War 2 due to the policies of the time
• Ideas that people had rights was implied in religions hundreds of years ago
• Enlightenment


  A European movement from the late 1600s to the early 1800s that transformed philosophy, science and politics by emphasising the superiority of reason over tradition and religion
• Abolitionism


  A movement to end slavery in the early 1800s in both Western Europe and North America that eventually brought an end to the trans-Atlantic slave trade
• Suffragettes


  Members of a movement for the right of all adult women to vote that reached its peak in the early 1900s
• In 1948 rights were incorporated in the first universal human rights document- The Universal Declaration of Human Rights (UNDHR)
• Essential features of human rights according to the UNDHR

  • Universal
  • Inherent
  • Inalienable
  • Indivisible
• Laws of wars


  The Geneva Convention of 1864, Hauge conventions in 1899 and 1907, were confirmed in the Geneva Convention 1949
• Self-determination


  The right of nations or peoples to have their own sovereign nation-state with their own government
• Self-determination happened over time whereby many people (groups) have wanted the right to self Govern but they had to fight for it, it was usually violent
• Apparent war crimes of Russia, Taliban deprives Afghan women of livelihoods and identity, US Supreme Court Toppling Roe v Wade is a Blow to Rights
• Basic human rights that you know you have

  • The right to free speech
  • Right to an education
  • Right to a peaceful protest
  • Right to shelter
• Natural Law


  The theory that certain laws come from an unnatural "changing" body of moral principles that are the basis for all human conduct, and so have validity everywhere
• Positivism


  The theory that laws are valid simply because they are enacted by authority or from existing decisions, and that moral decisions do not apply
• Human rights can be divided into

  • Individual rights
  • Collective rights
• Slavery


  A type of forced labour in which a person is considered to be the legal property of another
• Slavery has been used throughout History because it is cheap/free, and provides more power and money
• Timeline demonstrating the moves to abolish slavery

  1. 17th Century transatlantic Slavery (mention the movement of OLD world Europe to develop new world in colonisation)

  2. Abolitionism movement

  3. Slave trade Act 1807 UK

  4. Slavery Abolition Act 1833 UK

  5. US Declaration of Independence

  6. US Abolition movement and American Civil War

  7. League of Nations Slavery Convention

  8. After World War 2

  9. Define human trafficking and watch the clip from the QR code page 167

  10. What laws exist in Australia today exist to protect people from slavery?
• Trade Union


  An organisation of workers created to preserve and further their rights and interests
• 5 different labour rights

  • Right to safe working conditions
  • Minimum wages
  • Paid leave
  • Right to join a trade union
  • Right to work free choice of employment to just and favourable conditions of work and to protection against unemployment
  • Everyone without discrimination has the right to equal pay for equal work
• International Covenant on Economic, Social and Cultural Rights 1966


  The binding international treaty creating obligations on states to respect the economic, social and cultural rights of individuals
• The International Labour Organisation was formed in 1919 with the aim of improving conditions for workers around the world
• Rights that exist today for workers

  • Must get a fair work statement
  • Max weekly hours
  • Parental leave and related entitlements
  • Annual leave
  • Community service leave
  • Requests for flexible working arrangements
  • Long service leave
  • Public holidays
  • Superannuation contributions
  • Notice of termination and redundancy pay
  • Compassion leave
  • Family and domestic violence leave
  • Personal/ carer's leave
• Suffrage


  The legal right to vote in a democratic election
• Universal suffrage


  The right of all citizens to vote in political elections, regardless of status, gender, race or creed
• Suffrage is important as it gave women the right to vote therefore making them more equal in regards to their rights that men already had. Allows us to be informed citizens.
• New Zealand 1893, Australia (South Australia) 1894, Australian Commonwealth in 1902, United Kingdom in 1918 although it wasn't equal until 1928, United States 1920
• Aboriginal Australians were denied the right to vote until 1962, when in that year the commonwealth legislated to ensure that indigenous peoples had the right to vote regardless of their state voting rights however it was not compulsory for them. A 1967 constitutional referendum finally gave indigenous Australians the right to be counted in the Aus census.
• The women's rights movement launched its own fashion craze, The British women's suffrage movement was far more militant than its counterpart in the US, women currently earn roughly 77% of what men earn for the same work (Amenity International)
• Universal education is outlined in Article 26 of the UNDHR: "Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages."
• Right to Self Determination


  The right of people, especially the Indigenous to have at least partial control over their land. This does not mean for full independence.
• International law is the set of rules, norms, and standards generally regarded and accepted as binding in relations between states and between nations.
• The United Nations has a General Assembly and a Security Council.
• Bilateral treaty


  A treaty between two parties
• Multilateral treaty


  A treaty between multiple parties
• States enforce international law through their domestic legal systems and institutions.
• The United Nations is an intergovernmental organization that aims to maintain international peace and security, develop friendly relations among nations, and promote social progress, better living standards and human rights.
• The UN Security Council is responsible for the maintenance of international peace and security.