HUMAN RIGHTS the universally recognisable interests, powers, liberties and entitlements associated with respect for human dignity and freedom

KEY CONCEPTS State sovereignty: the power of a state to have control over its territory and its subjects. State sovereignty: the power of a state to have control over its territory and its subjects. Each country governs itself. Its internal affairs remain its internal affairs and it can’t be forced into accepting any international involvement in its human rights policies. Each country governs itself. Its internal affairs remain its internal affairs and it can’t be forced into accepting any international involvement in its human rights policies. Natural law: law created by higher powers or higher reasoning. Natural law: law created by higher powers or higher reasoning. Not created by humans (positive law), but simply exists Not created by humans (positive law), but simply exists Is a primary basis for many of the human rights that currently exist Is a primary basis for many of the human rights that currently exist

HISTORIC DOCUMENTS Magna Carta 1215 Magna Carta 1215 imposed on King John in 1215 to ensure that his pwr would be ltd in the governing of England. The doc provided for the due process of the law and fdm of mvmt. imposed on King John in 1215 to ensure that his pwr would be ltd in the governing of England. The doc provided for the due process of the law and fdm of mvmt. English Bill of Rights 1688 English Bill of Rights 1688 gave parliament (not King) the right to make laws gave parliament (not King) the right to make laws US Bill of Rights US Bill of Rights gave American citizens the rights they had fought the British to gain: freedom of religion; freedom of speech; freedom of the press; freedom of assembly gave American citizens the rights they had fought the British to gain: freedom of religion; freedom of speech; freedom of the press; freedom of assembly

HISTORIC DOCUMENTS French Declaration of the Rights of Man and the Citizen 1789 French Declaration of the Rights of Man and the Citizen 1789 ensured the French would be governed by the rule of law, guaranteeing individual citizenship and the collective sovereignty of the people (egalité, fraternité, liberté) ensured the French would be governed by the rule of law, guaranteeing individual citizenship and the collective sovereignty of the people (egalité, fraternité, liberté) UN Declaration of Human Rights 1948 UN Declaration of Human Rights 1948 most comprehensive historical doc covering human rights. most comprehensive historical doc covering human rights. A decln of the basic principles and fundamental fdms of humanity that ought to be respected. A decln of the basic principles and fundamental fdms of humanity that ought to be respected. Bc it’s a dcln, it gains pwr from acceptance by internal community, as opposed to formal ratification. Bc it’s a dcln, it gains pwr from acceptance by internal community, as opposed to formal ratification.

HISTORIC DOCUMENTS Among the 30 articles in the UNDHR are listed the right to: Among the 30 articles in the UNDHR are listed the right to: Life, liberty and security of the person Life, liberty and security of the person Equity before the law Equity before the law Freedom of movement Freedom of movement Health protection Health protection Vote and participate in government Vote and participate in government An adequate standard of living An adequate standard of living Form and join a trade union Form and join a trade union Education Education Other UN treaties and convention Other UN treaties and convention

MOVEMENT FOR ABOLITION OF SLAVERY Began as an extension of revolutionary thinking and developing political philosophies seeking to redress the power inequalities in society Began as an extension of revolutionary thinking and developing political philosophies seeking to redress the power inequalities in society Outlawed in Britain in 18th century Outlawed in Britain in 18th century Treaties between countries signed in 19th century Treaties between countries signed in 19th century Series of international agreements and domestic legsn prohibiting this breach of human rights. Series of international agreements and domestic legsn prohibiting this breach of human rights. ICCPR provides for the abolition of slavery (art 8). Signed by Australia in 1972, ratified in ICCPR provides for the abolition of slavery (art 8). Signed by Australia in 1972, ratified in The Queen v Wei Trang (2008) – High Court of Australia upheld slavery convictions of a Melbourne brothel owner. The Queen v Wei Trang (2008) – High Court of Australia upheld slavery convictions of a Melbourne brothel owner.

TRADE UNIONISM The collective organisation of workers formed to protect the rights of individuals from the pwr exerted by employers. Conciliation and Arbitration Act 1904 (Cth) encouraged the growth of unions, but it took some time for both the federal and state parliaments to get rid of common law crimes re strikes and unionism. Conciliation and Arbitration Act 1904 (Cth) encouraged the growth of unions, but it took some time for both the federal and state parliaments to get rid of common law crimes re strikes and unionism. Some benefits of trade unionism that have a link to human rights are: Some benefits of trade unionism that have a link to human rights are: Prevention of child labour Prevention of child labour Prevention of forced labour Prevention of forced labour Rejection of apartheid Rejection of apartheid Fair treatment of workers Fair treatment of workers Safe working conditions for workers Safe working conditions for workers International Labour Organisation (ILO) – promoting improved industrial conditions for workers; prevent abuses of human rights in employment (eg discrimination, slavery, child labour, restrictions on fdm of association) International Labour Organisation (ILO) – promoting improved industrial conditions for workers; prevent abuses of human rights in employment (eg discrimination, slavery, child labour, restrictions on fdm of association)

UNIVERSAL SUFFRAGE & EDUCATION The right of all people within a State to vote in political elections. Considered a human right bc voting permits the voter a say int eh determination of government. Doesn’t exist in many nation-states in the world bc of political/legal system in operation or the religious foundations of a particular society. The right of all people within a State to vote in political elections. Considered a human right bc voting permits the voter a say int eh determination of government. Doesn’t exist in many nation-states in the world bc of political/legal system in operation or the religious foundations of a particular society. Education is a basic human right – without it a person is unable to properly comprehend the society within which they live and therefore is unable to determine when and how other human rights abuses occur. Education is a basic human right – without it a person is unable to properly comprehend the society within which they live and therefore is unable to determine when and how other human rights abuses occur. Ex parte Ogden (1893) Ex parte Ogden (1893)

MORAL, CUSTOMARY & LEGAL RIGHTS Moral rights come from the principles of how a person is to behave as set out in religious beliefs. Today many we hold are modified by the philosophical, scientific, sociological and anthropological theories and views that have gained mainstream acceptance. Moral rights come from the principles of how a person is to behave as set out in religious beliefs. Today many we hold are modified by the philosophical, scientific, sociological and anthropological theories and views that have gained mainstream acceptance. Customary rights refer to implicit understanding and are based on trust, have at their basis the accepted way of doing things within a community. Customary rights refer to implicit understanding and are based on trust, have at their basis the accepted way of doing things within a community. Legal rights are based on a legal system. Frequently develop from a combination of moral and customary rights. Legal rights are based on a legal system. Frequently develop from a combination of moral and customary rights.

DOMESTIC & INTERNATIONAL RIGHTS Human rights can be ‘categorised’ in this way Human rights can be ‘categorised’ in this way Such classification refers to human rights that have been identified and developed in the domestic jurisdiction or by the international community. Such classification refers to human rights that have been identified and developed in the domestic jurisdiction or by the international community.

TYPES OF INTERNATIONAL RIGHTS These rights are developed through customary international law and multilateral treaties and conventions developed specifically to address human rights issues. These rights are developed through customary international law and multilateral treaties and conventions developed specifically to address human rights issues. Jus cogens: a principle of international law that may not be contradicted by any nation (eg state sovereignty) Jus cogens: a principle of international law that may not be contradicted by any nation (eg state sovereignty) Collective rights = rights of groups. Incl the right to peace and the right to a clean environment Collective rights = rights of groups. Incl the right to peace and the right to a clean environment

CIVIL&POLITICAL Rights that refer to the integrity of the person, physically and as a member of the broader society Rights that refer to the integrity of the person, physically and as a member of the broader society Stated in the ICCPR Stated in the ICCPR Eg right to self-determination; right to vote Eg right to self-determination; right to vote

ECONOMIC, CULTURAL AND SOCIAL International Covenant on Economic, Social and Cultural Rights International Covenant on Economic, Social and Cultural Rights Eg right to work; right to form trade unions; right to education; right to adequate standard of living Eg right to work; right to form trade unions; right to education; right to adequate standard of living

ENVIRONMENTAL & PEACE Right to a clean and safe environment. Right to a clean and safe environment. Developed during the cold war. Today based on developments in “intergenerational equity” Developed during the cold war. Today based on developments in “intergenerational equity” Peace rights re right to live a peaceful world where war, environment devastation and the risk of nuclear fallout are removed or reduced. Incl protection of people from the threat of war (see article 2(4) UN Charter) Peace rights re right to live a peaceful world where war, environment devastation and the risk of nuclear fallout are removed or reduced. Incl protection of people from the threat of war (see article 2(4) UN Charter)

RIGHT TO SELF DETERMINATION is a collective right is a collective right = rights of indigenous people, in particular, to be allowed certain for s of sovereignty which may include the right to control certain parts of land and utilise certain laws. = rights of indigenous people, in particular, to be allowed certain for s of sovereignty which may include the right to control certain parts of land and utilise certain laws.