Section 1 of Individual and the Law

1. Your Rights and
Responsibilities
Section 1-Part II: The individual and the law

2. the nature of individual rights
and responsibilities
Rights
are entitlements or permissions that can be either legal
or moral in nature
legal rights are enforceable by law through the courts –
for the right to exist it must be contained in and
protected by the law
moral rights derive from one’s own morals, values or
ethics and are not enforceable by law

3. Human Rights

4. Universal Declaration of Human Rights Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which
have outraged the conscience of mankind, and the advent of a world in which human
beings shall enjoy freedom of speech and belief and freedom from fear and want has been
proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to
rebellion against tyranny and oppression, that human rights should be protected by the
rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote social progress and better
secure their universal and effective recognition and observance, both among
the peoples of Member States themselves and among the peoples of
territories under their jurisdiction.

5. Features of Human
Rights

6. Universal Human Rights

8. Theories
of Rights
Positivism - That law is given to us by a legal authority.
Codification into law
Natural Law - That rights have been given to us by a higher
authority (God) that is higher than any of law. Simply because
we are human

9. Responsibilities
are legal or moral obligations or
duties that a person may have to
another person
legal responsibilities are
enforceable by law
where there is a right, there will
often be a corresponding
responsibility

10. respect for the equal worth, dignity and freedom of the
individual
freedom of speech (limited)
freedom of religion and secular government
freedom of association
support for parliamentary democracy and the rule of
law
equality under the law
equality of men and women
equality of opportunity
Values in
Australia

13. Photo Rights in Australia

14. Rights are either protected by common law, statute law
or the constitution
Statute Law Common Law
Defined
protected by statute is the right
not to be excluded or restricted
on the basis of race, colour or
ethnic origin
rights are protected
by common law,
particularly in
contract law and tort
law
Example
Racial Discrimination Act 1975
(Cth)
Donoghue v
Stevenson 1932

16. The Australian Constitution
The Australian Constitution protects certain specific individual rights:
s 80: the right to a trial by jury
s 116: freedom of religion
s 117: the right not to be discriminated against on the basis
of one’s state of residence
s 51: the right to compensation if one’s property is
compulsorily acquired for any purpose in respect of which
the Commonwealth government has the power to make laws.

17. In the 1990s, the High Court began interpreting the
constitution to include implied rights rather than just
expressed rights e.g. implied right of freedom to political
communication

18. Consumer Rights
Environmental Rights
Economic, Social and Cultural Rights
Civil and Political Rights
Self Determination
Categories of Rights
Which of these are individual rights and which are collective
rights?

19. 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

20. Indigenous Rights and the Constitution

21. Marcia Langdon Professional Opinion

22. Bill of Rights
A bill of rights is a
formal document that
officially enshrines the
minimum human rights
that every citizen is
entitled to, and binds the
government to comply
with those rights.

24. Australia does not have a bill of rights, but most other
developed countries do
Victoria and the ACT have adopted their own state
charters of rights, but the Commonwealth has refused
Recent Commonwealth inquiry into a bill of rights found
87 per cent of the public would support its introduction
(2011)

26. Michael Kirby Professional Opinion

27. Treaties become binding on the citizens of an
individual nation either automatically upon
ratification, if the treaty is self-executing, or
once the nation has passed domestic
legislation (Australia)
Declarations are different to treaties because
they simply state the parties’ intentions e.g.
UDHR 1948
Rights under International
Law
Go on click me!

29. Australia and Human Rights

30. UN in Australia 2012
UN official questions the legality of Detention Centres

31. Limitations of international law protecting
rights
Nation-states sign international law not individuals
Nation States may ignore or refuse to sign
international law (due to State Sovereignty) which
may impede on human rights with their country

32. Self Determination
The right to determine one’s own acts without
external influence; the freedom of the people of a
given territory to determine their own political status
or independence from their current state
Example: East Timor - UN 1999

33. Saggin Trousers legislation, USA