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Year 12 Band 6 Legal Human Rights notes

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Year 12 HSC Legal Studies Band 6 Notes are meticulously crafted resources designed to help students navigate the complexities of the HSC Legal Studies course in New South Wales, Australia. These notes cover all the core topics, providing a structured and detailed roadmap to excel in the final exams.

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HUMAN RIGHTS NOTES:
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
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