Human Rights
Basic freedoms or standards that promote or uphold the dignity of all people and are guaranteed by law
| Term | Definition |
|---|---|
Human Rights | Basic freedoms or standards that promote or uphold the dignity of all people and are guaranteed by law |
Intergenerational Trauma | A psychological response to highly distressing, stressful or oppressive historical events |
Multiculturalism | The idea that people from diverse cultures and ethnicities can coexist peacefully and equitably in a single country |
Ratification | The formal approval of a treaty, signed by the government, by a country's parliament |
International Decleration | A non-binding agreement between countries that sets out the aspirations of both countries |
International Treaty | A legally binding agreement between countries or intergovernmental organizations (such as the UN) in which they undertake to follow obligations set out in the document and enact laws to do so |
United Nations | A major international organization established after WWII to maintain security, peace and cooperation among nations |
Universal Declaration of Human Rights | An international document that outlines the basic rights and freedoms to which all humans are entitled |
Australian Constitution | A set of rules and principles that guide the way Australia is governed |
Human Rights Charter | Short for the Charter of Human Rights and Responsibilities Act 2006 (Vic), the purpose of which is to protect human rights in Victoria |
Democracy | A system of government in which members of parliament are elected by the citizens |
Supremacy of Parliament | The concept that Parliament is the body that has primary responsibility and mandate to create legislation |
Precedent | A principle established in a legal case that is followed by courts in later cases where the material facts are similar. Could be binding or persuasive |
Common Law Rights | Rights established by judges when deciding on a case |
Ultra Vires | A Latin term meaning 'beyond the powers'. An act of parliament can be declared this by the High Court if the parliament that made the law did so out of their jurisdiction |
Codify | To collect all law on a particular topic and pass it in a single piece of legislation |
Abrogate | To abolish common law through legislation |
Express Rights | Rights that are specifically stated in the constitution and can only be altered by a referendum |
Implied Rights | Rights that are established by the High Court as a result of their interpretation of the Constitution |
Referendum | A method used to change the wording of the Constitution which requires citizens to vote. Requires a double majority (majority of citizens and majority of states) to pass |
Freedom of Political Communication | A freedom that was established through a High Court decision. Essentially means that Australians have the right to discuss and debate political issues freely |
Representative Government | A political system in which the people elect members of Parliament to represent them in government |
The Right to Privacy | Various Acts regulate the use, storage, and disclosure of information by the government and by private organizations. Examples of legislation are:
- Freedom of Information Act 1982 (Cth)
- Privacy Act 1988 (Cth) |
The right to security of person | Protect the right of Australian citizens to feel secure and safe. These Acts include legislation that defines and prohibits crime, outlines minimum and maximum sentences and reduces the risk of terrorism. Examples:
- Sentencing Act 1991 (Vic)
- Crimes Act 1914 (Cth) 1958 (Vic) |
The right to freedom from discrimination | Protect individuals from being discriminated agaisnt on the basis of race, religion, ethnicity, sex, sexual orientation, gender identity, age, disability, and other characteristics in various areas. Legislation:
- Racial Discrimination Act 1975 (Cth)
- Sex Discrimination Act 1984 (Cth) |
The right to vote | The right of Australian citizens to vote in elections.
- Commonwealth Electoral Act 1918 (Cth)
- Electoral Act 2002 (Vic) |
The Victorian Charter | The primary document that protects and enforces the human rights of all Victorians.
- Right to life
- Cultural Rights
- Freedom of movement |
The right to silence | A legal right that allows an accused person to refuse to answer questions or provide information that may incriminate them during a police investigation or criminal proceedings. |