What is an express constitutional right

A right that is explicitly stated and guaranteed in the Constitution, rather than being implied or inferred by the courts.

What is an implied constitutional freedom

A freedom that is not expressly written in the Constitution but is recognized by the courts as arising from the Constitution's structure and principles, such as the implied freedom of political communication.

What is a statutory right

A right that is created and protected by an Act of Parliament and can be changed or removed by legislation.

What is an common-law right

A right that is recognised and developed by courts through judicial precedents rather than being written in legislation or the Constitution.

What is the AHRC

The Australian Human Rights Commission (AHRC) is an independent body that promotes and protects human rights in Australia by investigating complaints of discrimination and human rights breaches.

What is the ALRC

The Australian Law Reform Commission (ALRC) is an independent body that reviews Australian laws and makes recommendations to government for law reform to ensure laws are fair, effective, and up to date.

Explain the two ways the Australian Constitution protects human rights

The Australian Constitution protects human rights in two ways: through express rights that are directly written into the Constitution and through implied rights that are recognised by the High Court from the Constitution's structure and principles.

Describe sovereignty in the context of States

Sovereignty in the context of states is the supreme authority of a state to govern itself, make laws, and control its affairs without interference from external powers.

What two things must occur before a human rights claim can be commenced in the Federal Court of Australia?

Before a human rights claim can be commenced in the Federal Court of Australia, the complaint must first be lodged with the Australian Human Rights Commission (AHRC) and then be terminated by the AHRC if it cannot be resolved through conciliation.

Define state sovereignty.

State sovereignty is the authority of a state to govern itself, make and enforce its own laws, and control its internal and external affairs without interference from other states.

What is ICERD

ICERD (International Convention on the Elimination of All Forms of Racial Discrimination) is a United Nations treaty that aims to eliminate racial discrimination and promote equality between all races and ethnic groups.

What is ICESCR

ICESCR (International Covenant on Economic, Social and Cultural Rights) is a United Nations treaty that protects economic, social, and cultural rights such as the rights to education, work, health, and an adequate standard of living.

What is CEDAW

CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) is a United Nations treaty that aims to eliminate discrimination against women and promote gender equality in all areas of life.

What is CROC

CROC (Convention on the Rights of the Child) is a United Nations treaty that protects the civil, political, economic, social, and cultural rights of children and requires governments to act in the best interests of the child.

What is a treaty

A treaty is a formal agreement between countries under international law that sets out obligations and commitments that the participating nations agree to follow.

What is a ratification

Ratification is the formal process by which a country officially agrees to be legally bound by the terms of an international treaty.

What are human rights

Human rights are the basic rights and freedoms that belong to all people simply because they are human, regardless of their nationality, race, gender, religion, or other characteristics.

Explain the role of the United Nations

The United Nations (UN) is an international organisation that promotes peace, security, cooperation, and human rights by encouraging countries to work together and follow international laws and treaties.

Explain the role of Human Rights Commission

The Australian Human Rights Commission (AHRC) is an independent body that promotes and protects human rights in Australia by investigating complaints of discrimination and human rights breaches, conducting education programs, and advising the government on human rights issues.

Explain the role of Queensland Human Rights Commission

The Queensland Human Rights Commission (QHRC) is an independent body that promotes and protects human rights in Queensland by handling complaints about discrimination, sexual harassment, vilification, and breaches of the Human Rights Act 2019 (Qld).