- 1. Human Rights Part 2 of the Core - (2) Promoting and
Enforcing Human Rights
2. Main Syllabus Points Hint: know your syllabus and you will be
a step ahead when it comes to test time 3. Nation States in the
World State an independent country. There are 4 main categories:
Defined territory Permanent population Effective government Ability
to enter into international relations Nation a people that share
common heritage, language or culture Arguably 196 countries in the
world 193 members of the United Nations There are 3 missing...
Source:Montevideo convention of nation states 1933 (TREATY) 4.
Vatican City Observer Status of the United Nations Yes they have a
really small flag!!! 5. Kosovo Declared Independence from Serbia in
2008. Not recognised by the UN Yes they have a map of their land in
their flag!!! 6. Taiwan Replaced in 1971 by Peoples Republic of
China (Mainland) in the UN Taiwan has an individual Olympic team
Has the characteristics of a state but its international status is
disputed. Some countries recognise Taiwan as a state but China
still claims it as a territory 7. Taiwan Seeks UN 8. South Sudan
Became an official country on 9th July 2011 3 days later it became
the 193rd member of the United Nations 9. Disputed Areas Puerto
Rico, Bermuda, Greenland, Palestine(Received observer status 2012),
Western Sahara These areas are sometimes referred as countries but
are controlled by other nation states There are also many examples
of territory disputes e.g Kashmir region india, tibet China,
Senkaku islands (Japan-China) 10. Independence South Sudan 11.
State Sovereignty Definition: The supreme, absolute, and
uncontrollable power by which an independent state is governed and
from which all specific political powers are derived; the
intentional independence of a state, combined with the right and
power of regulating its internal affairs without foreign
interference State Sovereignty can either promote or impede human
rights of a countrys citizens 12. What is this picture trying to
show? Discussion Point: 13. And These? 14. Finally this...... 15.
With the ratification of International Humanitarian Law human
rights can be protected in nation states. Some countries
automatically make IL into DL (France, Germany, Belgium, Sweden and
The Netherlands) Nation States that refuse to sign International
Law can block certain rights to be given to their citizens 16.
States without democratic systems may rely on sovereignty as a
legal means to mistreat their own citizens In 2004, Amnesty
International reported that only the Netherlands, Norway, Denmark,
Iceland and Costa Rica do not violate IHL Countries with Human
Rights Violations Australia Asylum Seekers, Indigenous People
Russia Chechnya, Prison Torture China Tibet, Censorship Rwanda
Genocide Singapore Political Censorship, Capital Punishment France
Police Abuse, Detention conditions USA Capital Punishment United
Kingdom Racial discrimination, Privacy Issues Sudan Ethnic
Cleansing, Child Soldiers, darfur Israel Palestine, The Wall 17.
Human Rights Report USA 18. Role of the United Nations Principal
international organisation UN has 5 principal organs for human
rights (not the trusteeship Council) 1. General Assembly (UNGA) All
members, equal voting power 2. Security Council (UNSC) Maintaining
international peace and security 5 permanent members (USA, Russia,
France, China, UK) 10 non-permanent members rotates every 2 years
3. Economic and Social Council (ECOSOC) 54 rotating members
Transferred to the UN Human Rights Council 4. Secretariat Main
administrative body Headed by the UN Secretary-General Ban Ki-Moon
5. International Court of Justice (ICJ) Settle international
disputes Produce advisory opinion 19. UN General Assembly 2013 20.
Role of Inter-Governmental Organisations (IGOs) Institution
comprised of various member states - often geopolitical alliances
Have legal responsibility and can enter into enforceable agreements
Examples include 1. Human Rights Council (HRC) 2. Commonwealth of
Nations 3. African Union (AU) 4. League of Arab Nations 5. North
Atlantic Treaty Organisation (NATO) 6. Asia-Pacific Economic
Cooperation (APEC) Hint: The UN is also considered an igo 21.
Commonwealth of Nations 22. African Union 23. League of Arab
Nations 24. North Atlantic Treaty Organisation 25. Asia-Pacific
Economic Cooperation 26. 47 member states rotated Works closely
with the OHCHR Aims to increase its power: an individual complaints
procedure Compulsory periodic reviews of nation-states An advisory
committee - SPECIAL RAPPORTEUR reports back to the HRC Human Rights
Council (HRC) 27. Human Rights 28. Organ of the UN, Est. 1946,
Hague Netherlands Hears and judges disputes between states Issues
advisory opinions on matters of international law International
Courts and Adhoc Tribunals 1. International Court of Justice (ICJ)
29. Est. 2002, The Hague Developed through the rome statute treaty,
1998 Has jurisdiction to prosecute individuals e.g Sudanese
President Omar Al-Bashir Setup due to the problems that existed
with Rwanda and Yugoslavia 2. International Criminal Court Hint: it
is very important to know everything about the icc because it is
tested in 3 sections of the hsc Click here for indicted list 30.
Germain Katanga 31. Ratified and enforced International Criminal
Court Members Signatory Ratified but not enforced Non- Signatory
32. Case time: Sudan and the Darfur Conflict Hint: The Darfur
Conflict and this case can be applied to Human Rights, World Order
and International Crime 33. Omar Al-Bashir faces Genocide Charges
34. Setup to handle problems arising from the break up of Former
Yugoslavia Issues included right to life, extermination, genocide,
wilful killing and murder Case: Prosecutor v Slobodan Milosevic 3.
International Criminal Tribunal for the Former Yugoslavia (ICTY)
35. The Genocide by Hutu extremists of the Tutsi population, 1994
Legal Issues were Genocide and Crimes Against Humanity 4.
International Criminal Tribunal of Rwanda (ICTR) Hint: The
customary law of Responsibility to protect and the ICC developed
after these events in the 90s 36. The mission statement is to
protect and promote human rights for all Reports to the General
Secretary and they issue strong condemnations to any nation-states
who do not comply with International Humanitarian Law (IHL) Current
High Commissioner Zeid Ra'ad Al Hussein Statutory Authorities 1.
United Nations High Commissioner for Human Rights 37. Human Rights
Committee - ICCPR Committee on Economic, Cultural and Social Rights
- ICESCR Committee Against Torture Committee on the Elimination of
Racial Discrimination 2. Committees that monitor Human Rights
Conventions Hint: Committees monitoring human rights report to
ECOSOC, which then reports to the General Assembly 38. Work with
various governments and intergovernmental organisations to promote
Human Rights Naming and Shaming of governments has profound effects
in maintaining human rights E.G Amnesty International and
International Communities of the Red Cross (ICRC) Non-Government
Organisations 39. Amnesty International 40. The Media naming and
shaming process plays a crucial role The role of a free and
impartial media is recognised under article 19, UDHR. Media freedom
is severely restricted in many countries Australia ranks very high
in the world for media freedom Hint: News articles can be used for
human rights because they might be the only means to uncover
violations within a nation state 41. Freedom of the Press around
the World 42. Freedom of the Press - OHCHR 43. Theme and Challenge
Time: UN most widely recognised international organisation,
develops collective security however has no permanent army, limited
resources and unsc use of veto ICJ only an advisory court,
countries will either comply or reject the advice given, lacks
enforceability ICC - International permanent court however lacks
resources to prosecute, needs compliance from governments and only
north african leaders have been indicted (western centric bias)
UDHR only soft law, in 1948 general assembly adoption 48-0 in
favour with 8 abstentions Media and NGOs very effective in applying
pressure to nations to protect human rights but they dont make the
law like sovereign states do Theme: the effectiveness of legal and
non- legal measures in protecting human rights 44. Resource
Efficiency Protection/ Recognition of Rights Enforceability
Equality Justice International Law Application of the Rule of Law
Accessibility Meeting societys needs Effectiveness
CriteriaResponsiveness of the Law 45. International Treaty is
negotiated and formed signing of agreement After signing a country
is now obliged to act in the spirit of the treaty, but its not
binding Countries can make the treaty legally binding and
enforceable by ratifaction Australia being a dualist system,
international law becomes binding when legislation is enacted into
domestic law Example: the family law reform act 1995 (cth)
incorporates croc Australia and Human Rights Law Incorporation of
International Human Rights law in Australian domestic Law 46. The
Australian Constitution Lays down the system of Australian
Government Division of powers Federal State Local (in need of
referendum) Separation of powers Legislative Power - Parliament
Executive Power Governor-General, The Ministry, Govt Departments
Judicial Power High court and other federal courts Protects
specific human rights, including express rights and implied rights
Hint: The Constitution doesnt protect all rights. Australias human
rights are more protected in Statute and Common Law 47. Separation
of Powers in Australia 48. Expressed rights minimal rights
expressed in the constitution Freedom of religion (s116) Right to
vote (s41) Right to trial by jury (s80) The right for the
commonwealth to acquire property on just terms (The castle movie)
(s51) the right not to be discriminated against as a result of
residence in one state (s117) Implied rights rights that must have
been intended in the constitution Freedom of political
communication Expressed and Implied Rights in the Constitution
Hint: a classic hr mc question 49. Powerful tool in human rights
protection Many treaties have been ratified through this law system
However, many rights can be changed through legislation reform:
Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984
(Cth) Age Discrimination Act 2004 (Cth) Anti-Discrimination Act
1977 (NSW) Statute Law Hint: Statute law is law made through
parliaments. Acts of Parliament 50. Common Law Based upon
precedent, which overtime protects rights However, Statute law
overpowers Common law. Rights can change overtime Rights can be
protected on a case by case basis Presumption of innocence Right to
a fair and efficient trial Burden of proof for the defendant 51.
Courts and Tribunals Australian Human Rights Commission Deals with
alleged violations of Australias anti- discrimination legislation
Receives and investigates complaints Promotes public awareness
Gives advice to parliament on development of human rights law High
Court of Australia Has the power to set binding precedents on lower
courts and is able to overturn state and federal legislation
Arguably the most important protector of human rights in Australia
52. Case time Hint: this case shows many process of law in
australia and internationally 53. Non-Government Organisations
Large amount of NGOs involved in human rights in Australia Ability
to shape public opinion and expose violations of rights by
governments and individuals. e.g. The treatment of asylum seekers
from the pacific solution Often involved in reporting phase to
international organisations 54. The Media Large influence on public
opinion involving violations Australia is ranked one of the top
countries for media freedom ABC and SBS E.G four corners into
mental illness in detention centres 55. Freedom of the Press around
the World 56. Charter of Rights for Australia? Australia does not
have a set Charter of Rights. This could make rights entrenched
into legislation Other countries have a Bill of Rights USA and New
Zealand Arguments For and Against a Charter of Rights for Australia
Hint: This section is a perfect candidate for a 4-8 mark short
answer question 57. Multiple Choice: Human Rights 1. Which of the
following best illustrates the concept of state sovereignty? (A)
The right of citizens to vote (B) The right of a country to make
its own laws (C) The right of indigenous peoples to seek
self-determination (D) The right of a country to influence the laws
of other countries 58. (B) The right of a country to make its own
laws Correct Answer: 59. 2.When does an international treaty become
enforceable in Australia? (A) When Australia becomes a signatory to
the treaty (B) When Commonwealth legislation is passed giving
effect to the treaty (C) When the United Nations assents to the
application of the treaty in Australia (D) When the High Court of
Australia ratifies the treaty 60. (B) When Commonwealth legislation
is passed giving effect to the treaty Correct Answer: 61. 3. Which
of the following best protects the human rights of citizens of New
South Wales? (A) The Bill of Rights (B) The common law (C) The
International Court of Justice (D) The NSW Constitution 62. (B) The
common law Correct Answer: 63. 4. How are human rights protected in
Australia? (A) Human rights are only protected by international
law. (B) Only some human rights are protected by the Australian
Constitution. (C) Only when Australia signs an international treaty
are human rights protected. (D) Only the human rights of Aboriginal
and Torres Strait Islanders are protected by the Australian
Constitution. 64. (B) Only some human rights are protected by the
Australian Constitution. Correct Answer: 65. 5. When does the law
promote human rights? (A) When the High Court applies an
international treaty (B) When slavery is available to all (C) When
the Governor signs a covenant (D) When the sittings of parliament
are shown on television 66. (A) When the High Court applies an
international treaty Correct Answer: 67. 6. By what means are human
rights best protected in Australia? (A) By a combination of
universal suffrage and universal education (B) By a combination of
state sovereignty and international law (C) By a combination of
common law and universal suffrage (D) By a combination of common
law and the Australian Constitution 68. (D) By a combination of
common law and the Australian Constitution Correct Answer: 69. 7.
In Australia, human rights are only enforceable by law if they are
embodied in statute law. With reference to the above statement,
which of the following is correct? (A) The statement is false as
human rights are also enforceable by judge-made law. (B) The
statement is false as human rights are only enforceable if found in
international treaties. (C) The statement is true in relation to
civil and political rights. (D) The statement is true in relation
to economic and social rights. 70. (A) The statement is false as
human rights are also enforceable by judge- made law. Correct
Answer: 71. 8. Australia has ratified the Convention on the Status
of Refugees. Kaia is seeking asylum in Australia to escape from her
country of origin. Is Australia able to refuse Kaias application
for asylum? (A) Yes, because Australia is a sovereign nation (B)
Yes, because Australia does not have a bilateral treaty with Kaias
country (C) No, because a refusal would breach international law
(D) No, because the Bill of Rights in Kaias country would protect
her interests 72. (A) Yes, because Australia is a sovereign nation
Correct Answer: 73. 9. Without a Bill of Rights, by what means are
human rights embodied and protected under Australian law? (A)
Referendum (B) Statute law (C) Trade unionism (D) Universal
education 74. (B) Statute law Correct Answer: 75. 10. When are
disputes over the human rights of an individual within Australia
best protected by international treaties? (A) When the High Court
hears the dispute after the Commonwealth Government has ratified
the treaty (B) When the High Court hears the dispute after
Australia has voted for the treaty in the United Nations (C) When
the International Court of Justice hears the dispute between the
Australian Government and the individual (D) When the High Court
hears the dispute after the Commonwealth Parliament has
incorporated the treaty into our domestic law 76. (D) When the High
Court hears the dispute after the Commonwealth Parliament has
incorporated the treaty into our domestic law Correct Answer: 77.
11. Hank, an American citizen, has been held without charge by the
NSW police for three weeks for possession of a firearm. His family
considers this a breach of his human rights and seeks his release.
Which of the following will be the most effective means of securing
his release? (A) The common law (B) The Australian Constitution (C)
The American Bill of Rights (D) The Universal Declaration of Human
Rights 78. (A) The common law Correct Answer: 79. 12. Why are
non-legal measures often more effective than legal measures in
addressing human rights issues? (A) Because of the operation of
state sovereignty (B) Because collective human rights override
individual human rights (C) Because non-legal measures can always
be adapted to individual circumstances (D) Because non-legal
measures can bypass government processes and bureaucracies 80. (D)
Because non-legal measures can bypass government processes and
bureaucracies Correct Answer: 81. 13. Which of the following best
describes state sovereignty? (A) The right of a state to make laws
for its citizens (B) The right of a person to vote in a federal
election (C) The right of a group of people to determine its own
future (D) The right of a person to vote in a local government
election 82. (A) The right of a state to make laws for its citizens
Correct Answer: 83. 14. Which of the following best describes a
Bill of Rights? (A) A document proposing a referendum in Australia
(B) A document proposing that Australia become a republic (C) A
document proposing to enshrine human rights in Australia (D) A
document proposing to support the Australian Constitution 84. (C) A
document proposing to enshrine human rights in Australia Correct
Answer: 85. 15. Which of the following best illustrates how human
rights are currently protected in Australia? (A) Codification of
all human rights (B) Common law and legislation (C) International
treaties and covenants (D) Referenda 86. (B) Common law and
legislation Correct Answer: 87. 16. Which of the following provides
the best protection of an individuals human rights in Australia?
(A) A jury in a criminal trial (B) The Australian Constitution (C)
The discretionary power of the police (D) Australian courts
applying common law 88. (D) Australian courts applying common law
Correct Answer: 89. 17. Daniel is an American citizen who is on
holiday in Sydney. While shopping, he was refused entry into a
store because of the colour of his skin. As a result, Daniel has
decided to take legal action. Which of the following is best able
to enforce Daniels human rights? (A) The Australian courts (B) The
Anti-Discrimination Board (NSW) (C) The Bill of Rights of the
United States of America (D) The Human Rights and Equal Opportunity
Commission (Cth) 90. (A) The Australian courts Correct Answer: 91.
18. Which of the following best illustrates the concept of state
sovereignty? (A) The right of citizens to vote (B) The right of a
country to make its own laws (C) The right of indigenous peoples to
seek self-determination (D) The right of a country to influence the
laws of other countries 92. (B) The right of a country to make its
own laws Correct Answer: 93. 19. Which of the following is a non-
legal measure that addresses human rights issues? (A) Amendments to
the NSW Constitution (B) Published reports in the Australian media
(C) Decisions of the International Court of Justice (D)
Investigations by the Commonwealth Ombudsman 94. (B) Published
reports in the Australian media Correct Answer: 95. 20. Which right
is NOT entrenched within the Australian Constitution? (A) The right
to vote (B) The right to property (C) The right to education (D)
The right to a jury trial 96. (C) The right to education Correct
Answer: 97. 21. Which of the following is an example of state
sovereignty? (A) Customary law (B) A citizen voting in an election
(C) A nation making laws for its citizens (D) The right of NSW to
ignore the Australian Constitution 98. (C) A nation making laws for
its citizens Correct Answer: 99. 22. Human rights are best
protected in New South Wales by: (A) judge made law. (B) law
enforcement agencies. (C) the International Court of Justice. (D)
the Universal Declaration of Human Rights. 100. (A) judge made law.
Correct Answer: 101. 23. What is one goal of the United Nations?
(A) To promote respect for human rights (B) To govern the
international community (C) To arrest those who breach
international law (D) To promote sovereignty in domestic 102. (A)
To promote respect for human rights Correct Answer: 103. Multiple
Choice: Short Answer
