The Nature and Development of Human Rights

HSC Human rights are entitlements all people have simply because they are human. Characteristics of human rights that they are: Universal, they are to be enjoyed by everyone regardless of race, gender or status. Indivisible, they are all equally important. Inherent, they belong to all people. Inalienable, people cannot agree to give them up. There are three types of human rights. Civil and political rights, these protect individuals from the arbitrary exercise of power by the state, for example, freedom from slavery. Economic, social and cultural rights, these are concerned with people material and cultural wellbeing, for example, the right to an adequate standard of living. Third generation or collective rights have emerged in recent years, such as the right to development. Civil and political rights are: The right to life, liberty and security of person. The right to freedom from slavery. The right to freedom from torture or from cruel, inhuman or degrading treatment or punishment, The right to self-determination. The right to recognition everywhere as a person before the law. The right to equality before the law. The right to an effective judicial remedy. The right to freedom from arbitrary interference with privacy, family or home correspondence. The right to freedom of movement and residence. The right of freedom to leave and return to ones country. The right to asylum. The right to nationality. The right to marry and found a family. The right to own and not be arbitrarily deprived of property. The right to freedom of thought, concise and religion. The right to freedom of opinion and expression. The right to peaceful assembly and association. The right to take part in the government of ones country and to equal access to public service in ones country. Economic, social and cultural rights are: The right to social security (a social right). The right to work, and just and favorable conditions of work. 1

The right to equal pay for equal work. The right to join and form trade unions. The right to rest and leisure. The right to education. The right to an adequate standard of living (an economic right). The right to the enjoyment of the highest sustainable standard of physical and mental health. The right to participate in the cultural life of the community. Third generation rights do not necessarily belong to the individual, as do other human rights, but rather to peoples as a whole. They include: Environmental rights. Peace rights. Collective rights, these are rights that do not belong to an individual but to a group of people. They include. The right to continued survival of a race of people (probation of genocide). The right to self-determination (the right of peoples to govern themselves. There are seven factors that have influenced the developing recognition of human rights. The abolition of slavery, slavery was first abolished in France in 1794 and by Australia in 1880. The first international treaty abolishing slavery was the general act of Brussels 1890. Trade unionism and labor rights, a trade union is an association of wage earners and exists in order to maintain and improve the working conditions of its members. Trade unions first developed in England in the early 1800s. The International Labor Organization (ILO) was created in 1919 and has passed many conventions, for example about hours and minimum ages for work. Universal suffrage, this is the right of all adults to vote in government elections. Universal male suffrage (excluding racial minorities) was gained in the United States in 1825 and in NSW in 1958. The first country to grant female suffrage was New Zealand in 1858. It was gained in NSW and the Commonwealth in 1902. Aboriginal people in Australia gained the right to vote in 1962. Universal education has been recognized as a human right in most developed nations since the late 1800s. Education of children between six and 15 is compulsory in many countries. Self-determination is the right of peoples to govern themselves and to choose their own form of government. It is recognized in the UN Charter 1945. It includes the right claimed by indigenous peoples to control their own traditional lands and economy (Declaration on the Rights of Indigenous Peoples 2006). Environmental rights encompass the right to a clean, healthy and sustainable environment. Treaties and declarations such as the Kyoto protocol 1998 protect these rights. Peace rights are the right of peoples to have their government maintain peace and eliminate war. The UN Charter 1945 obliges nations to settle their international disputes by peaceful means. The most important formal statements that protect human rights around the world are: The Universal Declaration of Human Rights (1948), which lists the thirty human rights to which every person is entitled. The International Covenant on Civil and Political Rights (ICCPR) (1996)., which gives legal force to the civil and political rights listed in the Universal Declaration. The International Covenant on Economic, Social and Cultural Rights (ICESCR) (1996)., which gives legal force to the economic, social and cultural rights listed in the Universal Declaration. Together these three documents make up the International Bill of Rights. Other formal statements of Human Rights include: Other global human rights treaties, such as the conventions against racial discrimination and discrimination against women. Regional human rights treaties.

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Promoting and Enforcing Human Rights

In the international community the idea of state sovereignty means that within one country or nation-state there is a group, person or body with supreme law-making authority and that this authority overrides international law within the borders of that country. The protection of human rights internationally undermines the idea of national sovereignty because it means interfering with a nations domestic affairs. The scrutiny of a countrys protection of human rights within its own borders is a legitimate international concern. Many countries recognize that the international community should intervene to stop human rights violations if such violations endanger world peace and security. There are sic types of organizations that have a role in the international protection of human rights: The United Nations Intergovernmental organizations Courts and tribunals Independent statutory authorities Non-government organizations The media The United Nations was established through the UN Charter in 1945. One of the five core purposes of the United Nations is to promote respect for human rights. Two UN bodies that help protect human rights are: The office of the High Commissioner for Human Rights (OHCHR), the OHCHR oversees the Human Rights Council, the Universal Periodic Review and the eight human rights treaty bodies that monitor implementation of human rights treaties. The Human Rights Council, set up in 2006 as a subsidiary of the General Assembly, it consists of forty-seven member states responsible for promoting and protecting human rights globally. It examines human rights violations and makes recommendations to the General Assembly. It can also request that the Security Council take action to stop human rights violations. The Universal Periodic Review is run by the Human Rights Council. It is a review of the human rights record of all UN member states and is conducted every four years. Intergovernmental organizations (IGOs), promote and protect human rights within member nations, Examples of IGOs that protect human rights are the European Union, NATO, the Commonwealth of Nations and ASEAN. Members of the Commonwealth of Nations (of which Australia is a member), must abide by the principles of democracy and respect for human rights. These principles of democracy and respect for human rights. These principles are enforced by other members. Non-compliant states can be suspended or expelled. Fiji, Nigeria, Pakistan and Zimbabwe have all be suspended at various times because of infringements. IGOs such as ASEAN have established human rights bodies. Courts and tribunals that can hear and have made determinations on international human rights violations include the following: The International Criminal Court (ICC), was established in 2002. It is a permanent court and hears cases dealing with serious international crimes, such as genocide, war crimes and crimes against humanity. It is a court of last resort and will only hear cases if they are not being investigated and prosecuted by a national judicial system. The ICC was established by the Rome Statute and today there are 111 nation-states that have agreed to the statute. They do not include the United States. Ad hoc tribunals have been set up by the Security Council. They include the Tribunal for Former Yugoslavia and the tribunal for Rwanda. There are eight independent statutory authorities that monitor the compliance of nations with human rights treaties. They include: The Human Rights Committee (OHCHR), the Centre for Civil and political rights (CCPR) works to promote the participation of non-government organizations in this committees work. The Committee on Economic, Social and Cultural Rights CESCR) The Committee on the Elimination of Racial Discrimination (CERD) The Committee on the Elimination of Discrimination against Women (CEDAW) The Committee on the Rights of the Child (CRC) 3

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The Committee Against Torture (CAT) and the added Optional Protocol to the Convention Against Torture (OPCAT) The Committee on Migrant Workers (CMW) The Committee on the Rights of Persons with Disabilities (CPRD). The roles of the eight independent statutory bodies, or treaty bodies, include: Considering reports made by nations to the bodies. Nations have to report these bodies about their treaty compliance Considering individual complaints or communications Publishing general comments on the treaties and organizing discussions and forums on their purposes and themes. Non-government organizations (NGOs) are organizations that work separately from any government towards a certain cause. They can provide independent information to official human rights organizations and raise public awareness. NGOs were instrumental in establishing the UN Charter and the Internationa l Bill of Rights. Major international NGOs working in the fields of human rights include Amnesty International and Human Rights Watch. The media plays an important role in raising awareness of human rights infringements around the world and rallying public and government action to end such abuses. We live in an era of twenty-four hours a day news coverage, which gives everyone immediate access to information. The increasing role of the media is both a positive and negative influence on the reporting of human rights abuses and the taking of subsequent action. There are a number of factors that limit the effectiveness of international law in protecting human rights. Not all countries are party to human rights treaties. There is a lack of adequate enforcement mechanisms. Enforcement is by consensus. There is reliance on state reporting. The Security Council does not always take action. War crimes tribunals may not be effective. There is lack of funding. NGOs have only informal recognition. The media is not always effective. In Australia human rights are protected in six ways. The Australian constitution: Guarantees a few human rights, such as the right to vote. Under the division of powers, gives the federal government the power to enter into the international human rights agreements. Provides for the separation of powers so that no one arm of government can hold too much power and violate human rights. Statute law is the main way human rights are protected in Australia. An example is the Sex Discrimination Act 1984 (Commonwealth). Common law protects some human rights, such as the right of a tenant to quiet enjoyment of property. Courts and tribunals can help individuals protect human rights. Non-government organizations (NGOS) raise public awareness and represent individuals who have their human rights infringed. The media raises awareness of human rights issues and helps motivate public and government action. A Charter of Rights is a national document that sets out the basic rights to which every human being should be entitled. Arguments for Australia having a Charter of Rights Australia is one on the only Western democracy that does not have a charter of rights. The common law has not protected human rights adequately in the past. A Charter of Rights would more adequately protect minority groups such as Aboriginal people. A Charter of Rights would adopt a major recommendation of the National Human Rights Consolation Committee, whose report was released in October 2009 after public consultations. Arguments against Australia having a Charter of Rights Human rights are already adequately protected in Australia. A Charter of Rights can only protect people within the limits of the rights list.

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A Charter of Rights would give the judiciary too much power.

Investigation of a Contemporary Human Rights Issue

You are required by the syllabus to investigate a contemporary human rights issue. One such issue is the treatment of refugees. By the end of 2009 there were 43,3 million forcibly displaced people internationally, and of these 15.2 million are defined as refugees. Most refugees live in the urban areas of developing nations. The 1951 UN Convention relating to the Status of Refugees and the United Nations High Commisioner for Refugees (UNHCR) are the chief international instruments for the protection of refugees. The Australian government accepted 13 500 refugees in 2008-2009. This placed it thirty-second out of the seventy-one countries that accept refugees and asylum seekes. Unlawful asylum seekers are detained under the Border Security Legislation Amendment Act 2002 (Commonwealth). The Chief international and Australian non-legal responses to the issue of refugees are by NGOs and the international media.

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