The document provides an overview of key topics in human rights, including: 1. The changing understanding of the relationship between state sovereignty and human rights. 2. Issues of compliance and non-compliance in relation to human rights standards and treaties. 3. The development of human rights as a reflection of changing values and ethical standards over time. Key human rights developments discussed include the abolition of slavery, development of labor rights, universal suffrage, universal education, and self-determination for indigenous groups. International human rights law and treaties are also summarized, including the UDHR, ICCPR, and ICESCR.

1. Human Rights
Part 2 of the Core - (1) Nature of Human Rights

2. Human Rights: Themes and
Challenges
the changing understanding of the relationship
between state sovereignty and human rights
issues of compliance and non-compliance in relation
to human rights
the development of human rights as a reflection of
changing values and ethical standards
the role of law reform in protecting human rights
the effectiveness of legal and non-legal measures in
protecting human rights
These are very important when it comes
to assessment time!

3. Its all about the
themes and
challenges
This is what the syllabus says...

4. Hint: Main Syllabus Points, learn these as
you go through this topic

5. Where Will Human Rights be tested in the
HSC?
5 Multiple Choice
Questions
Hint: At the end of each presentation there is
a series of MC questions

6. 15 Marks of
Short Answers

7. Definition of Human Rights
Human Rights are entitlements that we deserve
to enjoy simply by virtue of our humanity
Human rights are designed as universal,
inalienable (cannot be taken away) and
inherent in all people
Hint: Don’t confuse rights (entitlements)
with Duties (obligations)

8. Natural Law Doctrine
A legal philosophy
that argues there is a
law above human law
to which all humans
are subject.
In Ancient and
Medieval times it was
called
divine(religious) law

9. Human Rights in the World

10. Modern human rights law
1. UN Charter
Hint: The charter comes up in human rights
and world order

11. 2. Universal declaration of human rights
1948

12. The conventions

13. Developing Recognition of Human Rights
1. The Abolition of Slavery
Forced labour where a person is considered to be
property of another. Debt slavery was used in history
as a form of punishment for crime
Transatlantic Slave Trade – European ships trading
products for slaves to be used into USA. Est.
12million Africans forced into slavery during 17th
and 19th century
Slavery is banned under Article 4 of the Universal
Declaration of Human Rights
Slavery still exists in Australia (sex industry)
CASE: Wei Tang 2006

14. Slavery in the Modern Age

15. 2. Trade Unions and Labour Rights
Developed during the
Industrial Revolution due to
poor working conditions, lack
of safety and long working
hours
Many laws were made to stop
workers forming unions
Labour rights protected in
UDHR 1948 article 23 and 24
and International Covenant
on Economic, Social and
Cultural Rights (ICESCR)
Workers rights face
challenges still today in the
Middle East and Asia

16. Dubai: Workers Rights

17. Migrant Worker’s Rights

18. 3. Universal Suffrage
Suffrage – the legal right
to vote in a democratic
election. At first voting
was only given to men with
larger land ownerships.
Suffragettes were people
who supported giving voting
rights to women. New
Zealand (1893) was first,
followed by South
Australia (1894)
Aboriginal voting rights
were established in 1967
Voting rights recognised in
UDHR 1948 in article 21

19. 4. Universal Education
Education was only available for the wealthy and
powerful.
Education was given through the church – Sunday
Schools
The rise of the industrial revolution produces a
need for a literate and educated society
Recognised in UDHR 1948 article 26 and under
United Nations Millennium Development Goals for
2015

20. Universal Education

21. Theme and Challenge Time
the development of human rights as a reflection of
changing values and ethical standards
Education is heavily
protected in australia
The main legislation is
the Education Act
1990 (NSW)
Exam Tip: when answering short answer question it is
important to back your writing up with an example

23. 5. Self Determination
A collective right - group of
people to govern themselves
without influence or
pressure from another
country
Breaking up of empires to
nation states
(decolonisation)
More recent issue involving
indigenous populations
Recognised under UN
Charter article 1
Hint: Collective Rights are different than
Individual Rights

24. Case Study : East Timor (Timor Leste)
Colonised by Portugal in the 16th Century until
1975
Shortly after East Timor declared its independence
but then it was invaded by Indonesia
In 1999, the UN backed East Timor’s Self
Determination and became a sovereign state in 2002

25. East Timor Issues Today

26. 6. Environmental Rights
Rights are under control of humans for a safe
and healthy world
Rights just not for current generation but
future generations
Recognised under the Stockholm Declaration
1972, The Kyoto Protocol 1997 and the UN
Climate Change Conference 2009 Copenhagen

27. 7. Peace Rights
Movement in 20th century from war to peace
Established through the development of United
Nations
Recognised under the UN Declaration on the
Right of Peoples to Peace 1984
Peace under international law is balanced
against the right to self defence
Hint: These Rights are linked to non-legal
responses in World Order

28. Formal Statements of Human Rights
Modern human rights law created due to the aftermath of WW1
and WW2(Holocaust). Here is a list of human rights development:
Magna Carta 1215 – freedom of movement and due process of law
English Bill of Rights 1688 – right for parliament to make laws
Treaty of Westphalia 1648 – development of sovereign state
concept
American Declaration of Independence 1776 – right to live own
life
French Declaration of the Rights of Man and the Citizen of
1789
International Bill of Rights (UDHR 1948, ICESCR 1976, ICCPR
1976)
UN Conventions 20th Century

29. How International Law is
Linked

30. International Bill of Rights
Universal
Declaration of
Human Rights
1948
International
Covenant on Civil
and Political
Rights (ICCPR)
1976
International
Covenant on
Economic, Social
and Cultural
Rights ( ICESCR)
1976

31. 1. Universal Declaration of
Human Rights 1948
Unified declaration (soft law) between member
states of the United Nations
Contains 30 articles covering human rights.
Arguably the most important human rights
document
Forms the basis of International Customary Law

32. UDHR 1948 - 30 Articles

33. Eleanor Roosevelt UDHR Speech

34. 2. International Covenant on Civil and
Political Rights 1976 (ICCPR)
Approved in 1966, ratified 1976 –
received little support by USA and
USSR.
Main rights include:
equality between men and women
the right to life
freedom of movement
fair trial and presumption of
innocence
freedom of thought, conscience,
speech, religion and assembly
Right to marry and children to be
given special protection
Right to vote and ensures ethnic
minorities the right to enjoy their
own cultures.

35. ICCPR MAP

36. Theme and Challenge Time
Issues of compliance and non-compliance in
relation to ICCPR
In 2010, the ICCPR has been widely ratified, with 165 state parties.
However, there are some notable exceptions – China, Nauru and Cuba
have signed but have not ratified into domestic law.
USA (1992) has signed and ratified but still have many reservations
to some articles – freedom of speech, Capital punishment, in some
matters of children crime treated as adults
Countries that have not signed or ratified ICCPR – Burma, Malaysia,
Saudi Arabia and Singapore
Exam Tip: If you have time, underline all legislation, cases,
media articles, treaties and other documents in your exam

37. Death Penalty 2013

38. 3. International Covenant of Economic,
Social and Cultural Rights (ICESCR)
Approved in 1966 and came
into force in 1976
Rights include labour rights
– just conditions, fair wages
and the right to join trade
unions.
Adequate standard of living,
adequate food, clothing,
housing and health care.
Finally the right to
education – stating primary
education should be
compulsory and free for all

39. ICESCR MAP

40. International Covenants 1976

41. Theme and Challenge Time
Issues of compliance and non-compliance in
relation to ICESCR
In 2010, ICESCR has been widely
ratified, with 160 state parties
The USA has signed ICESCR in
1979 but never ratified it. South
Africa has done this also.
Notable countries that have not
signed or ratified ICESCR
include Burma, Malaysia and
Saudi Arabia
Hint: Compliance is a very important word in Legal Studies

42. Magna Carta 1215

43. revision
The International Covenant on Civil and Political
Rights deals with the right to participate in the
democratic process, including:
freedom of speech and religion and the right to
vote
freedom from unfair arrest and
detention and the right to a fair trial
freedom of association and the right to join
trade unions.
The International Covenant on Economic, Social
and Cultural Rights deals with rights to basic
living standards, including:
access to food, housing, work, social security,
education and health; and fair wages and safe
working conditions

44. Human Rights:Multiple Choice
1. Which of the following best describes
the right to universal suffrage?
(A) A collective cultural right
(B) A collective economic right
(C) An individual political right
(D) An individual moral right

45. Correct
Answer
(C) An individual political
right

46. 2. Which of the following is an
essential feature of a human
right?
(A) It is universal.
(B) It is collective.
(C) It is recognised by a court.
(D) It is recognised by the state.

47. (A) It is universal.
Correct
Answer

48. 3. Which of the following can best
provide for the protection of human
rights?
(A) The Universal Declaration of Human
Rights
(B) The existence of the rule of law in a
particular country
(C) The existence of universal suffrage in
a particular country
(D) The International Covenant on Civil
and Political Rights

49. Correct
Answer
(B) The existence of the rule of
law in a particular country

50. 4. What is meant by the term universal
suffrage?
(A) The right of all adults to vote freely at
elections
(B) The right of a government to determine
who can enter its country
(C) The right of all people to have basic
human rights and be free from suffering
(D) The right of an accused person to
remain silent when questioned by the police

51. (A) The right of all adults to vote
freely at elections
Correct
Answer

52. 5. Which of the following is NOT a widely
recognised element of human rights?
(A) Human rights are inalienable.
(B) Human rights are culturally specific.
(C) Human rights have universal application.
(D) Human rights are all of equal importance

53. (B) Human rights are
culturally specific.
Correct
Answer

54. 6. Which of the following is a
collective human right?
(A) Self-determination
(B) Trade unionism
(C) Universal education
(D) Universal suffrage

55. (A) Self-determination
Correct
Answer

56. 7. Which of the following gives the
best international recognition to an
individual’s human rights?
(A) Treaties
(B) Natural justice
(C) State sovereignty
(D) The International Court of Justice

57. (A) Treaties
Correct
Answer

58. 8. What is universal suffrage?
(A) The right to vote
(B) The right to education
(C) The right to join a trade union
(D) The right to legal representation

59. (A) The right to vote
Correct
Answer

60. 9. Which of the following statements is
true in relation to the Universal
Declaration of Human Rights?
(A) It is enforced in NSW
(B) It was written by the Security Council
(C) It documents the entitlements of all
individuals
(D) It is incorporated into the Australian
Constitution.

61. (C) It documents the entitlements
of all individuals
Correct
Answer

62. 10. Which of the following groups might
seek self-determination?
(A) Asylum seekers
(B) Non-government organisations (NGOs)
(C) Indigenous peoples within a nation-state
(D) Individuals with grievances against a
state

63. (C) Indigenous peoples within
a nation-state
Correct
Answer

64. 11. The country that first
adopted equal female
suffrage was:
(a) Australia
(b) New Zealand
(c) Great Britain
(d) the United States

65. (B) New Zealand
Correct
Answer

66. 12. A national government bans all forms
of public protest by an environmental
group.
What is being denied by the government?
(A) Civil and political rights
(B) The right to self-determination
(C) Environmental and peace rights
(D) Economic, social and cultural rights

67. Correct
Answer
(A) Civil and political rights

68. 13. Which of the following is NOT a
feature of human rights?
(A) They are inherent.
(B) They are universal.
(C) They are enforceable.
(D) They are inalienable.

69. Correct
Answer
(C) They are enforceable.

70. 14. The UDHR :
(a) was adopted in 1945
(b) is soft law
(c) only deals with crimes committed in
wartime
(d) no longer has any legal standing in
international law because it has been
superseded by the ICCPR and the ICESCR

71. (b) is soft law
Correct
Answer

72. 15. :What is the main aim of the
International Covenant on Civil and
Political Rights?
(A) To protect the educational needs of
people
(B) To protect the cultural wellbeing of
people
(C) To protect people in regards to their
basic needs
(D) To protect people from arbitrary use of
power by governments

73. (D) To protect
people from
arbitrary use of
power by
governments
Correct
Answer

74. Human Rights:Short Answers