Showing posts with label 11LEGAL. Show all posts
Showing posts with label 11LEGAL. Show all posts

Wednesday, 16 September 2015

That is an excellent question...

...So I had a go at answering your questions!


Answer:

"Australia’s obligations under international human rights law are found in treaties (that is, binding agreements entered into between States) and customary international law (that is, rules that are developed through the practice of States and recognised as binding on them). International human rights law requires a State to ‘respect, protect and fulfil’ the human rights of those within its jurisdiction.

Australia adopts its treaty obligations in a two-step process—signature and ratification. By signing a treaty, Australia signals its ‘in-principle’ commitment but does not become bound by the treaty.[2] When it approves a treaty, it becomes a ‘State party’ and undertakes, as a matter of international law, to observe the rights and obligations expressed in the treaty. The treaty will not, however, automatically become part of Australian domestic law. For this to occur, the provisions of the treaty must be implemented domestically through legislation. In practice, not all of Australia’s international treaty obligations have been incorporated in domestic law.

As a matter of international law, the division of federal–state responsibilities cannot be used as an excuse for failure to comply with an international obligation. Extensive federal–state consultations are usually required to ensure that Australia can comply with its international legal obligations. This can involve enacting, amending or repealing federal or state or territory legislation to implement obligations or remove impediments to the enjoyment of particular rights and freedoms." 




 
Answer:

"The Human Rights Commission produced two major documents: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Both became international law in 1976. Together with the Universal Declaration of Human Rights, these two covenants comprise what is known as the “International Bill of Human Rights.”
The ICCPR focuses on issues such as the right to life, freedom of speech, religion and voting. The ICESCR focuses on food, education, health and shelter. Both covenants proclaim these rights for all people and forbid discrimination." 


Answer:


"7 of the 43 countries have made efforts to promote birth registration.

The right to a name and nationality is one of the most fundamental human rights. But millions of children spend much of their lives without this legal identity and the benefits and protections it affords.

Children who are not registered do not officially exist. On an individual level, this can complicate enrolment in school and expose them to illegal adoption, trafficking, exploitation as cheap labour, or involvement in prostitution and criminal activities. Lack of a complete registration system means that government, not knowing the true number of its citizens, is hampered in planning for their needs.

Some governments are now giving the matter attention. In Ecuador, where an estimated 1 in 10 children under the age of 12 are not legally registered, the Government's Civil Registry has issued identity papers to a total of 322,600 children between 1990 and 1995. To ensure that this is not a once-only effort, civil registration procedures have been simplified and the Government has mounted a publicity campaign to stress the importance of a legal identity for children.
The right to a name and nationality is enshrined in the Convention.
New attempts to promote birth registration are also being made in Costa Rica, Nicaragua, Peru, and the Philippines, while Bolivia's Civil Registry recently issued new identity documents for 50,000 urban children under the age of 16.

For those children whose births are registered, the Convention seeks to end the practice, common in both industrialized and developing countries, of indicating on birth certificates whether the child was born out of wedlock (leading to possible legal and social discrimination). The Governments of Lebanon and the Philippines recently eliminated any reference to the marital status of a child's parents on identity papers." 



Answer:

"All citizens have the right to understand for whom and what they are voting when they cast their ballots.  This is why Section 203 of the Voting Rights Act requires jurisdictions with significant minority-language populations to print voting materials in both English and other needed languages.  Over the years, this part of the VRA has served people like my grandparents well." 




Answer: 

 There are 30 articles listed in the Universal Declaration of Human Rights.

The UDHR |


Answer:

Remember when I first asked how you knew about certain rights from watching TV and how you felt about the certain issues they portrayed? I believed most were familiar with World Vision which highlights poverty and injustice in third world countries. This would make people aware of the rights being violated and what we can do to help them. Other campaigns we may be aware of include Amnesty International and Oxfam Australia. People who are familiar with refugees and asylum seekers issues on the news are also in touch with human rights issues. You can find a list of Australian Human Rights Organisations and Resources here



Answer:

"A complex architecture has arisen in the United Nations to deal with human rights issues. Some parts of this architecture were established by the UN Charter, such as the Commission on Human Rights, which was recently replaced by the Human Rights Council. The Human Rights Committee, the Economic and Social Council (ECOSOC) and General Assembly also have significant responsibilities related to human rights.

The Human Rights Council
The principal UN Charter Body responsible for human rights is the Human Rights Council (HRC). The General Assembly established the HRC in 2006, in the hope that it would be more efficient and effective than its predecessor, the Human Rights Commission. Forty-seven UN member states sit on the HRC. One of its main purposes is to review the human rights record of every UN member state once every four years and to make recommendations for improvement. Australia is not currently a member of the Human Rights Council.

The Human Rights Council is an inter-governmental body within the United Nations system responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and make recommendations on them. It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year. It meets at the UN Office at Geneva.


The Human Rights Commitee

The Human Rights Committee was established to monitor compliance of the ICCPR in states that are party to the agreement (have ratified and adopted the ICCPR in their domestic law). It consists of 18 “independent experts who are persons of high moral character and recognized competence in the field of human rights.” Participating governments are required to file reports every five years that detail the state of civil and political rights in their countries, and the Committee meets three times a year to review these reports and issue recommendations based on their findings to the UN General Assembly (United Nations, Introduction to the Human Rights Committee, n.d.)."

Tuesday, 15 September 2015

Lesson 7 - Roach v Commissioner (2007)

(Click on the image to zoom in)
Where do you stand on prisoners right to vote in Australia?

Key Knowledge
  • Explain why the right to vote is considered to be an important right for all citizens. 
  • Explore who is required or declined the right to vote in Australia. 
  • Discuss strengths and weaknesses of having compulsory voting in Australia. 

Homework task
No formal homework from this lesson.

Lesson Resources

Explain why the right to vote is considered to be an important right for all citizens
Distinguish between a right and a duty /responsibility.

Who is required to vote in Australia? 

Outline the categories of people who may be denied the right to vote.

Explain how the electoral laws impact on the right of prisoners to vote. 

Suggest two strengths and two weaknesses of having compulsory voting in Australia.


Lesson 6 - Dietrich v The Queen (1992)

All About - Dietrich v The Queen

Key Knowledge
An Australian case that illustrates rights issues and the empowerment of the people, and its impact on the legal system: 
  • The role of an individual or group launching a test case. 
  • Facts and issues central to the case - a question of rights. 
  • Conflicting attitudes. 
  • Laws applied to the case. 
  • Outcome of the case. 

Homework task
  • Check your understanding (Q1 - 5, p. 473). 
Submission Requirements
  • Due for checking on Tuesday 15th September. 
Lesson Resources

Roach v Electoral Commissioner (2007) Timeline Activity

Vicki Lee Roach receives her degree.

Summary of the case

Vicki Lee Roach was a Victorian woman of Aboriginal descent, who was serving a six year term of imprisonment, having been convicted on five counts of offences that included burglary, conduct endangering persons and negligently causing serious injury. She challenged the validity of the 2006 amendments made to the Electoral Act 1918 (Cth), by the passage of the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth). The amendments prohibited all prisoners who were serving a sentence of imprisonment for a Commonwealth, state or territory offence from voting in federal elections. Before the amendment only those prisoners serving a sentence of three years or longer were excluded from voting. Thus, Ms Roach was excluded from voting.

Ms Roach’s challenge to the validity of the 2006 amendment was heard by the High Court in September 2007.

The High Court held that the complete ban on prisoners voting was unconstitutional, as it was inconsistent with the principles of representative government. This principle requires that members of parliament are elected into office by the people they seek to represent. Sections 7 and 24 of the Constitution require that Senators and members of the House of Representatives are directly chosen by the people; therefore there is a right to vote, that had been violated by this legislation. The 2006 amendment was declared to be invalid.

The outcome of the case had far reaching implications for the legal system in terms of recognising that there is a constitutionally protected right to vote in Australia.
However, as Vicki Lee Roach was serving a prison term of longer than three years, and the original provisions of the Electoral Act were upheld, Ms Roach was still ineligible to vote in elections. 


References you can use for the timeline

Example of a timeline
Group 1 | Previous rights from the Electoral Commission on prisoners.

Group 2 | History of Vicki Lee Roach. 

Group 3 | How she challenged the law. 

Group 4 | Conflicting attitudes.

Group 5 | Outcomes. 

Group 6 | Impact of the case.

Remember each group needs to have one person using the textbook, one using online references and the poster creator


Tuesday, 8 September 2015

Lesson 5 - Mabo v Queensland (1988)


"This weekend marks the 20th Anniversary of the High Court of Australia's decision to recognise Native Title. And her on Mabo Day in Townsville - many of the local community have gathered to remember the man who led the legal challenge for land rights - Eddie Mabo" 


Key Knowledge
An Australian case that illustrates rights issues and the empowerment of the people, and its impact on the legal system: 
  • The role of an individual or group launching a test case. 
  • Facts and issues central to the case - a question of rights. 
  • Conflicting attitudes. 
  • Laws applied to the case. 
  • Outcome of the case. 
Homework task

Submission requirements
Due Date: Friday 11th September 
Be ready for checking otherwise you will receive a lunch time detention on the day. 

Lesson Resources
PPT

What do we know about Mabo?



Lesson 4 - Human Rights Complaints in Australia

Key Knowledge
  • Discuss human rights complaints from different points of view in Australia. 
Homework task
  • Apply your understanding (Q1 - 2, p. 464). 
Lesson Resources


Friday, 4 September 2015

Lesson 3: Legal forces of human rights

UN Human Rights Council calls for special investigation into Houla massacre in Syria
(June, 2012)

Key Knowledge
  • The ICCPR and ICESCR gives legal force on human rights. 
  • The United Nations has set up a number of bodies to protect human rights. 
  • The enforcement of human rights is limited because not all countries are signatories to human rights agreements. 
Homework task 
  • Check your understanding (Q1 - 3, p. 459). 
  • Annotated visual display (Q1, p. 460). 
  • Research report: Monitoring human rights (p. 461). 
Submission requirements
Due Date: Tuesday 8th September 
Submit either electronically or in hard copy otherwise you will receive a lunch time detention on the day. 

Lesson Resources

Thursday, 3 September 2015

Lesson 2 - The UDHR Debate


Key Knowledge
  • The International Covenant on Civil and Political Rights (ICCR) gives legal force on human rights. 
Homework task

Small research report: Monitoring human rights 
(See Lesson 1)

Submission requirements
Please submit your report on human rights on Friday 4th September Tuesday 8th September, either electronically or in hard copy - otherwise you will receive a lunch time detention on the day. 

Lesson Resources





Tuesday, 1 September 2015

Lesson 1: What are human rights?


Key Knowledge
  • To understand the role of the Universal Declaration of Human Rights. 
Homework task

Small research report: Monitoring human rights 
Find out more about the work of an organisation that monitors and reports on human rights issues. You must explain the work of the organisation. You should include examples of cases dealt with by the organisation, how to join and how individuals or groups can support its work. You can present it in either a written report typed up, booklet, poster or PPT. 

Submission requirements: 
Please submit your report on human rights on Friday 4th September, either electronically or in hard copy - otherwise you will receive a Monday lunch time detention. 

Lesson Resources