Promoting and enforcing human rights

Human Rights Part 2 of the Core - (2) Promoting and Enforcing Human Rights Date Term 4 2011 Mr Shipp NHSPAMonday, 24 October 2011

Nation States in the World ✤ State – an independent country. There are 5 main categories: ✤ Essential characteristics ✤ 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...Monday, 24 October 2011

Vatican City Observer Status of the United Nations Yes they have a really small ﬂag!!!Monday, 24 October 2011

Kosovo Declared Independence from Serbia in 2008. Not recognised by the UN Yes they have a map of their land in their ﬂag!!!Monday, 24 October 2011

Taiwan Has the characteristics Replaced in 1971 by of a state but its Peoples Republic of international status is China (Mainland) in disputed. the UN Taiwan has an Some countries individual Olympic recognise Taiwan as a team state but China still claims it as a territoryMonday, 24 October 2011

Taiwan Seeks UN MembershipMonday, 24 October 2011

South Sudan Became an ofﬁcial country on 9th July 2011 3 days later it became the 193rd member of the United NationsMonday, 24 October 2011

Independence South SudanMonday, 24 October 2011

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 countries citizensMonday, 24 October 2011

Discussion Point: What is this picture trying to show?Monday, 24 October 2011

And These?Monday, 24 October 2011

Finally this......Monday, 24 October 2011

✤ 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 citizensMonday, 24 October 2011

✤ 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 Israel Palestine, The WallMonday, 24 October 2011

Human Rights Report USAMonday, 24 October 2011

Question Time: ✤ 1. Deﬁne State Sovereignty ✤ 2. Outline the how nation-states can promote or impede human rights ✤ 3. Choose one country that violates a human rights article according to the UDHR 1948 Practice your new HSC writing skillsMonday, 24 October 2011

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 opinionMonday, 24 October 2011

UN General Assembly 2011Monday, 24 October 2011

Millennium Development Goals 2015 ✤ In 2002, all UN members agreed to 8 ambitious goals to be reached by 2015 ✤ Goals included eradicating extreme poverty and hunger, achieve universal primary education, promote gender equality and empower women, and combat HIV/AIDS, malaria and other diseasesMonday, 24 October 2011

Millennium Development Goals 2015Monday, 24 October 2011

Role of Inter-Governmental Organisations (IGO’s) ✤ 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 American Treaty Organisation (NATO) ✤ 6. Asia-Paciﬁc Economic Cooperation (APEC) The UN and IGO’s will be used in the World Order topicMonday, 24 October 2011

Commonwealth of NationsMonday, 24 October 2011

African UnionMonday, 24 October 2011

League of Arab NationsMonday, 24 October 2011

North Atlantic Treaty OrganisationMonday, 24 October 2011

Asia-Paciﬁc Economic CooperationMonday, 24 October 2011

Human Rights Council (HRC) ✤ 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 HRCMonday, 24 October 2011

Human Rights Council 2010Monday, 24 October 2011

International Courts and Adhoc Tribunals 1. International Court of Justice ✤ Organ of the UN, Est. 1946, Hague Netherlands ✤ Hears and judges disputes between states ✤ Issues advisory opinions on matters of international lawMonday, 24 October 2011

2. International Criminal Court ✤ Est. 2002, The Hague ✤ Used to deal with Adhoc tribunals (speciﬁc historical events) ✤ Has jurisdiction to prosecute individuals e.g Sudanese President Omar Al-Bashir ✤ Setup due to the problems that existed with Rwanda and Yugoslavia ✤ Came into force after the Rome Statute treaty 2002Monday, 24 October 2011

International Criminal Court Members Ratiﬁed and Ratiﬁed but Non- Signatory enforced not enforced SignatoryMonday, 24 October 2011

Case Study: Sudan and the Darfur Conﬂict Hint: The Darfur Conﬂict and this case can be applied to Human Rights, World Order and International CrimeMonday, 24 October 2011

Omar Al-Bashir faces Genocide ChargesMonday, 24 October 2011

3. International Criminal Tribunal for the Former Yugoslavia (ICTY) ✤ Setup to handle to problems arising from the break up of Former Yugoslavia ✤ Issues included right to life, extermination, genocide, wilful killing and murder ✤ Case: Prosecutor v Slobodan MilosevicMonday, 24 October 2011

4. International Criminal Tribunal of Rwanda (ICTR) ✤ The Genocide by Hutu extremists of the Tutsi population 1994 ✤ Legal Issues were Genocide and Crimes Against Humanity Hint:International Courts and Adhoc Tribunals are connected in World OrderMonday, 24 October 2011

Statutory Authorities 1. United Nations High Commissioner for Human Rights ✤ 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 Navanethem PillayMonday, 24 October 2011

2. Committees that monitor Human Rights Conventions ✤ Human Rights Committee - ICCPR ✤ Committee on Economic, Cultural and Social Rights - ICESCR ✤ Committee Against Torture ✤ Committee on the Elimination of Racial DiscriminationMonday, 24 October 2011

Non-Government Organisations ✤ 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)Monday, 24 October 2011

Amnesty InternationalMonday, 24 October 2011

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 may be the only means to uncover violations within a nation stateMonday, 24 October 2011

Freedom of the Press around the WorldMonday, 24 October 2011

Freedom of the Press - OHCHRMonday, 24 October 2011

Theme and Challenge Time: Theme: the effectiveness of legal and non-legal measures in protecting human rights ✤ UN – can vary depending on the issue, however state sovereignty of nations restricts the power of the international community ✤ ICJ – only an advisory court, countries will either comply or reject the advice given and the ﬁve permanent members of security council have veto powers ✤ UDHR – Overall this human rights policy has been recognised as international customary law ✤ Media and NGO’s – very effective in applying pressure to nations to protect human rightsMonday, 24 October 2011

Resource Protection/ Equality Efﬁciency Recognition of Enforceability Rights Responsiveness Meeting of the Law Effectiveness Criteria Societies Needs International Application of Law the Rule of Law Accessibility - Justice cost & timeMonday, 24 October 2011

Question time: ✤ 1. What are the main ways Inter- governmental Organisations promote Human Rights ✤ 2. Outline the success and failure of the ICJ ✤ 3. Identify the main violations the ICC can prosecuteMonday, 24 October 2011

Australia and Human Rights Law Incorporation of International Human Rights law in Australian domestic Law ✤ 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 ratifying ✤ Australia being a dualist system, international law becomes binding when legislation is incorporated into domestic lawMonday, 24 October 2011

The Australian Constitution ✤ Lays down the system of Australian Government ✤ Division of powers ✤ Federal ✤ State ✤ Local ✤ 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 doesn’t protect all rights. Australia’s human rights are more protected in Statute and Common LawMonday, 24 October 2011

Separation of Powers in AustraliaMonday, 24 October 2011

Expressed and Implied Rights in the Constitution ✤ 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) ✤ Implied rights – rights that must have been intended in the constitution ✤ Freedom of political communicationMonday, 24 October 2011

Statute Law ✤ 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) ✤ Australian Human Rights Commission Act 1986 (Cth) ✤ Age Discrimination Act 2004 (Cth) ✤ Anti-Discrimination Act 1977 (Cth) Hint: Statute law is law made through parliaments. Acts of ParliamentMonday, 24 October 2011

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 defendantMonday, 24 October 2011

Courts and Tribunals ✤ Australian Human Rights Commission ✤ Deals with alleged violations of Australia’s 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 AustraliaMonday, 24 October 2011

Non-Government Organisations ✤ Large amount of NGO’s 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 organisationsMonday, 24 October 2011

The Media ✤ Large inﬂuence on public opinion involving violations ✤ Australia is ranked one of the top countries for media freedom – ABC and SBSMonday, 24 October 2011

Freedom of the Press around the WorldMonday, 24 October 2011

Charter of Rights for Australia? ✤ Australia does not have a set Charter of Rights ✤ 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 mark short answer questionMonday, 24 October 2011

Monday, 24 October 2011

Multiple Choice: Human Rights 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 countriesMonday, 24 October 2011

Correct Answer: (B) The right of a country to make its own lawsMonday, 24 October 2011

3.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 treatyMonday, 24 October 2011

Correct Answer: (B) When Commonwealth legislation is passed giving effect to the treatyMonday, 24 October 2011

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 ConstitutionMonday, 24 October 2011

Correct Answer: (B) The common lawMonday, 24 October 2011

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.Monday, 24 October 2011

Correct Answer: (B) Only some human rights are protected by the Australian Constitution.Monday, 24 October 2011

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 televisionMonday, 24 October 2011

Correct Answer: (A) When the High Court applies an international treatyMonday, 24 October 2011

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 ConstitutionMonday, 24 October 2011

Correct Answer: (D) By a combination of common law and the Australian ConstitutionMonday, 24 October 2011

‘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.Monday, 24 October 2011

Correct Answer: (A) The statement is false as human rights are also enforceable by judge-made law.Monday, 24 October 2011

Which of the following is both a legally protected right in Australia and a human right? (A) Education for all (B) Paid maternity leave (C) Property ownership (D) Suing for damagesMonday, 24 October 2011

Correct Answer: (A) Education for allMonday, 24 October 2011

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 Kaia’s application for asylum? (A) Yes, because Australia is a sovereign nation (B) Yes, because Australia does not have a bilateral treaty with Kaia’s country (C) No, because a refusal would breach international law (D) No, because the Bill of Rights in Kaia’s country would protect her interestsMonday, 24 October 2011

Correct Answer: (A) Yes, because Australia is a sovereign nationMonday, 24 October 2011

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 educationMonday, 24 October 2011

Correct Answer: (B) Statute lawMonday, 24 October 2011

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 lawMonday, 24 October 2011

Correct Answer: (D) When the High Court hears the dispute after the Commonwealth Parliament has incorporated the treaty into our domestic lawMonday, 24 October 2011

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 RightsMonday, 24 October 2011

Correct Answer: (A) The common lawMonday, 24 October 2011

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 bureaucraciesMonday, 24 October 2011

Correct Answer: (D) Because non-legal measures can bypass government processes and bureaucraciesMonday, 24 October 2011

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 electionMonday, 24 October 2011

Correct Answer: (A) The right of a state to make laws for its citizensMonday, 24 October 2011

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 ConstitutionMonday, 24 October 2011

Correct Answer: (C) A document proposing to enshrine human rights in AustraliaMonday, 24 October 2011

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) ReferendaMonday, 24 October 2011

Correct Answer: (B) Common law and legislationMonday, 24 October 2011

Which of the following provides the best protection of an individual’s 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 lawMonday, 24 October 2011

Correct Answer: (D) Australian courts applying common lawMonday, 24 October 2011

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 Daniel’s 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)Monday, 24 October 2011

Correct Answer: (A) The Australian courtsMonday, 24 October 2011

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 countriesMonday, 24 October 2011

Correct Answer: (B) The right of a country to make its own lawsMonday, 24 October 2011

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 OmbudsmanMonday, 24 October 2011

Correct Answer: (B) Published reports in the Australian mediaMonday, 24 October 2011

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 trialMonday, 24 October 2011

Correct Answer: (C) The right to educationMonday, 24 October 2011

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 ConstitutionMonday, 24 October 2011

Correct Answer: (C) A nation making laws for its citizensMonday, 24 October 2011

Brian, a New Zealand citizen, has been refused entry into a Sydney hotel because of the colour of his skin. Brian decides to take action against the hotel. Which of the following is best able to enforce Brian’s rights? (A) The Local Court (B) The Immigration Review Tribunal (C) The New Zealand High Commission (D) The Human Rights and Equal Opportunity CommissionMonday, 24 October 2011

Correct Answer: (A) The Local CourtMonday, 24 October 2011

What is meant by the term state sovereignty? (A) International law recognises a nation state. (B) A nation state is recognised by other nation states. (C) International law gives power to nation states to make laws. (D) A nation state can determine its laws without external interference.Monday, 24 October 2011

Correct Answer: (D) A nation state can determine its laws without external interference.Monday, 24 October 2011

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.Monday, 24 October 2011

Correct Answer: (A) judge made law.Monday, 24 October 2011

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 jurisdictionsMonday, 24 October 2011

Correct Answer: (A) To promote respect for human rightsMonday, 24 October 2011

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Promoting and enforcing human rights

by Mr Shipp

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Promoting and enforcing human rights Presentation Transcript