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NSWLegal StudiesQuick questions
Core Part II: Human Rights
Quick questions on Formal statements of human rights and international instruments: HSC Legal Studies
9short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is the International Bill of Human Rights?Show answer
The three foundational documents are collectively called the International Bill of Human Rights.
What is declarations vs treaties?Show answer
A declaration (e.g. UDHR) is a non-binding statement of principle adopted by a UN body. It can become binding over time through customary international law.
What is how Australia incorporates international obligations?Show answer
Australia uses a dualist system. International treaties do not automatically have domestic legal effect. The Commonwealth Parliament must pass legislation to incorporate treaty obligations into Australian law. Examples:
What is australia's reservations and limitations?Show answer
Australia entered reservations to several treaties, including a reservation to ICCPR article 20 (prohibition on propaganda for war and incitement to hatred), expressing concern that it would unduly restrict freedom of expression. Australia is also one of the few liberal democracies without a national bill of rights; rights are protected in patches by:
What is 1. Universal Declaration of Human Rights 1948?Show answer
Proclaimed by the UN General Assembly on 10 December 1948. 30 articles covering civil, political, economic, social and cultural rights. Not a treaty, but many of its provisions are now considered customary international law and therefore binding on all states.
What is 2. International Covenant on Civil and Political Rights 1966?Show answer
Adopted 1966, entered into force 1976. Sets out civil and political rights (life, liberty, fair trial, freedom of expression, freedom of religion, prohibition on torture). Establishes the Human Rights Committee.
What is 3. International Covenant on Economic, Social and Cultural Rights 1966?Show answer
Adopted 1966, entered into force 1976. Sets out economic, social and cultural rights (work, social security, health, education, cultural life). Australia ratified the ICESCR in 1975.
What is saying ratification makes a treaty Australian law?Show answer
It does not. Parliament must pass implementing legislation. This is the dualist principle.
What is citing the Universal Declaration as if it has a "section"?Show answer
Use "article" for declarations and treaties, not "section". :::