Section 2 of the HSC Human Rights Core

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 country’s 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 (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 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 NGO’s – very effective in applying pressure to nations to
protect human rights but they don’t 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
society’s
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 doesn’t protect all rights. Australia’s
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 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
Australia

52. Case time
Hint: this case shows many process of law in
australia and internationally

53. 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
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

58. 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

59. (B) The right of a country to make its own
laws
Correct
Answer:

60. 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

61. (B) When Commonwealth
legislation is passed giving
effect to the treaty
Correct
Answer:

62. 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

63. (B) The common law
Correct
Answer:

64. 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.

65. (B) Only some human rights are
protected by the Australian
Constitution.
Correct
Answer:

66. 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

67. (A) When the High Court applies an
international treaty
Correct
Answer:

68. 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

69. (D) By a combination of common law
and the Australian Constitution
Correct
Answer:

70. 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.

71. (A) The statement is false as human
rights are also enforceable by judge-
made law.
Correct
Answer:

72. 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 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 interests

73. (A) Yes, because Australia is a
sovereign nation
Correct
Answer:

74. 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

75. (B) Statute law
Correct
Answer:

76. 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

77. (D) When the High Court hears the
dispute after the Commonwealth
Parliament has incorporated the treaty
into our domestic law
Correct
Answer:

78. 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

79. (A) The common law
Correct
Answer:

80. 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

81. (D) Because non-legal measures can
bypass government processes and
bureaucracies
Correct
Answer:

82. 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

83. (A) The right of a state to make laws
for its citizens
Correct
Answer:

84. 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

85. (C) A document proposing to enshrine
human rights in Australia
Correct
Answer:

86. 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

87. (B) Common law and
legislation
Correct
Answer:

88. 16. 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
law

89. (D) Australian courts
applying common law
Correct
Answer:

90. 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 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)

91. (A) The Australian courts
Correct
Answer:

92. 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

93. (B) The right of a country to
make its own laws
Correct
Answer:

94. 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

95. (B) Published reports in
the Australian media
Correct
Answer:

96. 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

97. (C) The right to education
Correct
Answer:

98. 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

99. (C) A nation making laws for its
citizens
Correct
Answer:

100. 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.

101. (A) judge made law.
Correct
Answer:

102. 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

103. (A) To promote respect for human
rights
Correct
Answer:

104. Multiple Choice: Short Answer