1. The nature and development of human rights
1.1 The Definition of Human Rights
What are Human Rights?
- Human rights are the fundamental rights and freedoms believed to belong to all humans.
Universal = Applicable to everyone Inalienable = Cannot be taken away Inherent = People are born with it
1.2 Developing Recognition of Human Rights
1.2.1 The Abolition of Slavery:
Transatlantic Slave Trade: Freely created slaves and allowed the trading of Slaves among countries
- Commonly practised within the 18th Century (due to Globalisation)
- Britain paved the way for other countries to follow in their banning of Slavery
1807: Britain passed the Slave Trade Act - prohibiting imported slaves
1833: Britain abanned slavery altogether
International Response: Domestic Response:
UDHR: Article 4 - Right to be free from Slavery and servitude: slave trade prohibited Modern Slavery Act 2018
ICCPR: Article 8 - The freedom from Slavery and servitude
1.2.2 Trade Unionism and labour rights
- Popularity grew for Labour rights during and after the Industrial Revolution
- Trade unionism was in response to poor working conditions, long hours and minimal pay
Labour Rights: Trade Union:
- Right to safe working conditions - International Labour
- Right to greater pay Organisation
International Response: Domestic Response:
UDHR: Article 23 - Right to work, free choice of employment, - Fair Work Act
ICESCR: Article 7 - Right to work, fair wages, equal pay, safe and healthy working conditions (Commonwealth) 2009
, 1.2.3 Universal Suffrage
- Suffrage is the right to vote
- Was restricted to a small group of people (powerful and wealthy male landowners)
Suffrage wasn’t granted due to:
- Mistrust or suspicion of the general population
- A belief the population could not understand the affairs of the government
Demand for suffrage grew in the 19th century
Male Suffrage Women Suffrage Indigenous Suffrage
- The UK allowed 60% of males to vote by 1884, Women’s suffrage developed among ATSI people
this influenced other countries to follow suit democratic countries, known as ‘suffragette’ campaigned to achiev
1856: South Australia extended the vote to male - NZ first country to let women vote in 1893 full voting rights in sta
residents aged 21 years and over. - Australia in 1902 and federal elections.
1858: Victoria followed their lead, with the Movement could not be achieved until women Rights granted 1962
remaining colonies following suit. had same electoral rights as men.
International Response: Domestic Response:
UDHR: Article 21 - Right to take part in the Ratified through Australian Constitution: Right to Vote
government of his country Case study:
ICCPR: Article 25 - Right to vote Roach v electoral commissioner
- Roach was in prison, not given the ability to vote
- Took it to the High Court - Constitution matter
- Granted Prisoners the right to vote
1.2.4 Universal Education
- Formal education was usually only kept for wealthy or powerful families
- WW2 led to free and compulsory education among many developed countries
2010: NSW raised school leavers’ age to 17, promoting education and staying in school
International Response: Domestic Respons
UDHR: Article 26 - Right to Education Education Act (NSW
- Compulsory until the age of 12 1990
ICESCR: Article 13 - Right to Education, Primary education should be compulsory and free to all
1.2.5 Self-Determination
- Collective right
- The right of a group to govern themselves and their territory on their own without influence from another country
- Heavy influence from culture
- Influence by US Declaration of Independence from Britain in 1776, the French Revolution
International Response: Domestic Response:
ICCPR: Article 1 - Right to self-determination Aboriginal and Torres Strait Islander Act 2005
ICESCR: Article 1 - All people have the right to - Participation of ATSI people in the formulation and
self-determination implementation of government policies affecting and
promoting the development of self-determination
1.2.6 Environmental Rights
- Collective right
- Required so that all other human rights can be adequately exercised
Environmental Rights:
- Right to a safe and healthy environment free from climate change and pollution
International Response:
- Paris Accord