International Human Rights Law: ICESCR Overview
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International Human Rights Law: ICESCR Overview

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Questions and Answers

What does the right to seek asylum ensure for individuals?

  • They automatically receive permanent residency
  • They have the right to work without restrictions
  • They must be accepted immediately by any country
  • They cannot be turned away when seeking asylum (correct)

    • Which of the following best describes Australia's handling of asylum seekers?

  • They utilize offshore processing that leads to poor living conditions (correct)
  • They have improved living conditions for all asylum seekers
  • They provide immediate citizenship to all refugees
  • They allow unlimited access to public services for refugees

    • Which key right is NOT specifically related to refugees but is still an important human right?

  • Right to free access to courts
  • Right to non-refoulement
  • Right to seek asylum
  • Right to adequate standard of living (correct)

    • What does Article 33 of the Refugee Convention ensure for refugees?

    <p>They cannot be returned to their home country if their life is threatened</p> Signup and view all the answers

    What significant change did the 1967 Protocol introduce to the Refugee Convention?

    <p>It expanded the Convention's applicability by removing geographical and temporal restrictions</p> Signup and view all the answers

    Which of the following best describes express rights?

    <p>Rights that are explicitly outlined in legislation.</p> Signup and view all the answers

    What power does Section 51 of the Australian Constitution provide to the Commonwealth?

    <p>The power to legislate in external affairs.</p> Signup and view all the answers

    In which of the following areas does international law prohibit discrimination?

    <p>In work, education, accommodation, and publicly available premises.</p> Signup and view all the answers

    What significant case involved the Commonwealth overriding state legislation under Section 51?

    <p>The Tasmanian Dam case</p> Signup and view all the answers

    Which of the following rights is promoted under the rights covered by international law?

    <p>Right to non-discrimination.</p> Signup and view all the answers

    Which article establishes the Human Rights Committee?

    <p>Article 28</p> Signup and view all the answers

    What is the primary focus of the multilateral treaty discussed?

    <p>Economic, social and cultural rights</p> Signup and view all the answers

    Which right is NOT explicitly mentioned as a key article of the treaty?

    <p>Right to political participation</p> Signup and view all the answers

    What does the term 'non-refoulement' refer to in the context of refugee rights?

    <p>Forbidding the return of refugees to their home country when there is a danger of persecution</p> Signup and view all the answers

    Which article guarantees the right to form trade unions?

    <p>Article 8</p> Signup and view all the answers

    In which year did the treaty come into effect?

    <p>1966</p> Signup and view all the answers

    Which article underscores the right to self-determination?

    <p>Article 1</p> Signup and view all the answers

    Which article specifies that families must be supported, particularly mothers, in matters of marriage?

    <p>Article 10</p> Signup and view all the answers

    Which article establishes the right for children to be cared for by and know their parents?

    <p>Article 7</p> Signup and view all the answers

    What is the primary concern of Article 9 regarding children?

    <p>Separation should only happen if it is in the child's best interests.</p> Signup and view all the answers

    Which article emphasizes the right to privacy for children?

    <p>Article 16</p> Signup and view all the answers

    According to the principles outlined in the content, who shares the responsibility for child upbringing?

    <p>Both parents</p> Signup and view all the answers

    What is the main focus of Article 19?

    <p>To ensure children are cared for and not abused or neglected.</p> Signup and view all the answers

    Which article guarantees children the right to an education?

    <p>Article 28</p> Signup and view all the answers

    What process allows a country to become legally obligated to promote the rights outlined in a treaty?

    <p>Accession</p> Signup and view all the answers

    Which provision is highlighted by Article 35 regarding the protection of children?

    <p>Protection from abduction.</p> Signup and view all the answers

    What is the purpose of the Universal Periodic Review in relation to Australia's human rights performance?

    <p>To review human rights records of all nation-states every four years</p> Signup and view all the answers

    What limitations do United Nations Special Rapporteurs face in investigating human rights violations?

    <p>They can only investigate if a country invites them.</p> Signup and view all the answers

    Which of the following is a consequence of Australia becoming a signatory to international treaties?

    <p>Australia must uphold the principles outlined in these treaties.</p> Signup and view all the answers

    What action can nation-states take regarding human rights violations under inter-state complaints?

    <p>Make a complaint to the UN body overseeing the relevant treaty.</p> Signup and view all the answers

    What does the right of non-refoulement pertain to?

    <p>The protection of refugees from being returned to places where they face danger.</p> Signup and view all the answers

    What kind of rights does the Geneva Conventions specifically focus on?

    <p>Rights related to the treatment of prisoners and protection of civilians.</p> Signup and view all the answers

    Which of the following statements is true regarding the role of ancillary bodies related to human rights?

    <p>They monitor human rights through their specialized areas of focus.</p> Signup and view all the answers

    What is a significant function of the UN Human Rights Council in the context of nation-states?

    <p>To review and advise on human rights situations in specific countries.</p> Signup and view all the answers

    In relation to the rights of Indigenous peoples, what right did Australia endorse but not officially sign?

    <p>Right to self-determination.</p> Signup and view all the answers

    What is the primary focus of the UDHR as it relates to international law?

    <p>Defining customary international law regarding human rights.</p> Signup and view all the answers

    Study Notes

    International Human Rights Law

    • The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty that came into effect in 1966.
    • ICESCR establishes positive rights and focuses on economic, social, and cultural rights.
    • Key articles in ICESCR:
      • Article 1: Right to Self-determination.
      • Article 3: Equal rights for men and women to enjoy all economic, social, and cultural rights.
      • Article 6: Right to work.
      • Article 7: Right to just and favourable working conditions, including fair wages and safe working conditions.
      • Article 8: Right to join and form trade unions.
      • Article 9: Right to social security.
      • Article 10: Marriage with free consent, family support, particularly for mothers (maternity leave).
      • Article 11: Right to an adequate standard of living.
      • Article 12: Right to physical and mental health.
      • Article 13: Right to education.
      • Article 15: Right to participate in cultural life and scientific progress.

    The International Covenant on Civil and Political Rights (ICCPR)

    • ICCPR came into effect in 1966.
    • ICCPR establishes mostly positive rights.
    • Key articles in ICCPR:
      • Article 25: Right to vote and be elected.
      • Article 26: Equality before the law, no discrimination.
      • Article 27: Right for minority groups to use their language.
      • Article 28: Establishes the Human Rights Committee.
      • Articles 29-45: Operational details of the committee and resulting commission.
      • Article 46: ICCPR does not impair the UN Charter.
      • Article 48: Open for signature by any UN member state.

    The Refugee Convention

    • Multilateral treaty that defines a refugee as an individual fleeing their home country due to "well-founded fear of being prosecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion".
    • Defines key rights for refugees, including:
      • Right to non-refoulement: Forbids a country from returning a refugee to their home country if there is a risk of persecution.
      • Right to seek asylum: The right to be allowed into another country when seeking asylum.
    • The Refugee Convention prohibits offshore processing.

    The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

    • Prohibits discrimination against women in areas of work, education, public spaces, accommodation, clubs, and associations.
    • Key rights promoted are:
      • Right to non-discrimination.
      • Right to work.
      • Right to education.

    The Convention on the Rights of the Child (CRC)

    • The CRC came into effect in 1990.
    • Key articles in the CRC:
      • Article 7: Right to a legal name, nationality, and to know their parents.
      • Article 9: Right to not be separated from their parents unless it's in their best interests.
      • Article 11: Governments should take action against child abduction, even by parents.
      • Article 12: Right to be heard in legal matters that concern them.
      • Article 16: Right to privacy.
      • Article 18: Shared responsibility of parents for the upbringing of their child, always considering the best interests of the child.
      • Article 19: Government responsibility to ensure children are properly cared for and not abused or neglected by caretakers.
      • Article 24: Right to quality healthcare.
      • Article 27: Right to a standard of living that meets their needs.
      • Article 28: Right to education.
      • Article 30: Right to the family's language and customs.
      • Article 33: Protection from dangerous drugs.
      • Article 34: Protection from sexual abuse.
      • Article 35: Protection from child abduction.
      • Articles 43-54: Cooperation between adults and governments to uphold children's rights.

    The Convention on the Rights of Persons with Disabilities (CRPD)

    • A key human rights treaty that prohibits discrimination against persons with disabilities in areas such as employment, education, public spaces, and access to information.
    • International Court of Justice (ICJ): The principal judicial organ of the United Nations. Its role is to settle legal disputes submitted to it by states and to give advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies.
    • International Criminal Court (ICC): An intergovernmental organization and international tribunal that sits in The Hague, Netherlands. Its role is to investigate and prosecute individuals accused of the most serious crimes of concern to the international community, namely genocide, crimes against humanity, war crimes, and the crime of aggression.

    The Australian Constitution

    • The Australian Constitution, in Section 51, grants the Commonwealth Parliament the power to legislate on "external affairs".
    • This power allows the Commonwealth to override state legislation that conflicts with international treaties Australia is signatory to.
    • This was illustrated in the Tasmanian Dam Case, where the High Court ruled that the Commonwealth could legislate under external affairs power to protect a World Heritage Site from development in Tasmania. The international treaty obligation to protect the World Heritage Site superseded Tasmania's residual power over its own territory.

    Human Rights Monitoring

    • Australia is obligated to report to UN Human Rights bodies periodically about its compliance with human rights treaties.
    • Australia also participates in the Universal Periodic Review (UPR), a UN reporting system that reviews the human rights situations of all states every four years.

    The Universal Declaration of Human Rights (UDHR)

    • The UDHR, though not legally binding on states, is considered a significant document in shaping international human rights law.
    • It outlines fundamental rights and freedoms and serves as a foundation for many international human rights treaties.

    The Hague Convention on the Civil Aspects of International Child Abduction

    • This treaty seeks to facilitate the return of abducted children to their home country. It requires signatory states to establish Central Authorities to handle these cases.
    • The Hague Convention only applies to children under 16.

    The UN Declaration on the Rights of Indigenous Peoples

    • This declaration outlines the rights of indigenous peoples worldwide. Key rights include:
      • Right to self-determination.
      • Right to cultural identity.
      • Right to free, prior and informed consent.
      • Right to be free from discrimination.

    The Geneva Conventions

    • These set of treaties define basic rights for wartime prisoners and establish protection for civilians, wounded, and sick individuals during armed conflicts.
    • Key principles include:
      • Treatment of prisoners of war.
      • Protection of civilians.
      • Right to a fair trial for war crimes.
      • Prohibition of torture, willful killing, and unlawful deportation.

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    Description

    This quiz explores the International Covenant on Economic, Social and Cultural Rights (ICESCR), focusing on its key articles and principles. Learn about the rights it establishes, including self-determination, equal rights for men and women, and the right to work. Test your knowledge of the economic, social, and cultural rights defined in this influential treaty.

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