Unit 2 AoS3 Rights PDF

LEARNING INTENTION: UNIT 2: REMEDIES AND TO UNDERSTAND RIGHTS HOW OUR RIGHTS ARE PROTECTED IN AREA OF STUDY 3: AUSTRALIA. HUMAN RIGHTS /5   The meaning and development of human rights, including the significance of the Universal Declaration o...

LEARNING INTENTION: UNIT 2: REMEDIES AND TO UNDERSTAND RIGHTS HOW OUR RIGHTS ARE PROTECTED IN AREA OF STUDY 3: AUSTRALIA. HUMAN RIGHTS /5   The meaning and development of human rights, including the significance of the Universal Declaration of Human Rights  An overview of the ways in which human rights are protected in Australia, such as through the Australian Constitution, the Victorian Charter of Human Rights and Responsibilities, Statute law and Common law  One human rights issue in Australia and in relation to a human right in Australia  KEY Possible reforms to the protection of rights in Australia DISCUSS  One Australian case that has had an impact on the protection of rights in Australia, including: ANALYSE KNOWLEDGE  The nature and development of the human right  The laws that apply to the human right in Australia  Possible conflicting attitudes  Possible reforms to the protection of the human right in Australia  One case study in relation to the human rights issue, in which an individual or group has influenced the protection of the right APK: WHAT DO YOU SEE? THINK? HEAR? QUESTION? 75TH ANNIVERSARY OF THE UNIVERSAL DECLARATION OF H UMAN RIGHTS - YOU TUBE 10 A GOAL: INTRODUCTION TO HUMAN RIGHTS To understand what human rights are and the historical events that have contributed to the development of human rights /5 NEW INFORMATION: WHAT IS A RIGHT? Providing a definition of what a right is can be rather difficult, as what people consider to be their rights can be influenced by factors such as, who they are, their beliefs and the country in which they reside. Most definitions refer to notions of respect, dignity, equality and justice and describe a right in simple terms as a moral or legal entitlement a person has to have or to do something Human rights are entitlements and liberties that exist for all human beings, irrespective of any personal qualities or characteristics.   The Australian Government is responsible for ensuring the wellbeing and protection of all Australians. FUNDAMENTA  As Australia has signed and agreed to many international treaties the Department of Social Services is L RIGHTS OF responsible for the welfare of those that choose to settle in Australia.  In democratic societies the human rights THE that governments aim to protect include:  Civil & Political rights AUSTRALIAN  Right to vote  Right to privacy  Freedom of speech PEOPLE  Economic, social & cultural rights  Right to work, education & non- discrimination HOW DOES AUSTRALIA PROTECT RIGHTS? There are four main ways the rights of Australian citizens and residents are protected:  Statute law  Charter of Human Rights Victoria  Common law  The Australian Constitution EVENTS THAT HAVE CONTRIBUTED TO THE DEVELOPMENT OF HUMAN RIGHTS Year Even Contribution to t the Read about the events listed on pages 460- 461 of your textbook that have contributed development to the development of human rights. of human Choose 4 that you feel are significant. rights Note the date and explain the event and 1 the contribution it has made to the development of human rights. 2 3 4   In what year was the United Nations THE established?  What was the aim of the United SIGNIFICANCE Nations?  What body created the Universal OF THE Declaration of Human Rights?  Why was the (UDHR) created? UNIVERSAL  Is the (UDHR) binding on any nation?  What needs to happen for the rights set out in the (UDHR) of (CEDAW) to be DECLARATION legally enforced in Australia.  Find and explain an Australian piece of OF HUMAN legislation that upholds either of the declarations mentioned in the previous question. RIGHTS 10 A Complete questions 1-8 on pages 463-464 EXPRESS RIGHTS PROTECTED IN THE AUSTRALIAN CONSTITUTION  There is also one right that is not explicitly stated/written in the Australian Constitution but through case law is implied 10 B We understand that we have this right by interpreting the language of the constitution and the precedents set in CONSTITUTIONA cases about this right L IMPLIED The Australian implied right is the right to freedom to political communication because of Section 7 and RIGHTS section 24 of the Constitution Read pages 469 and 471 and briefly explain your understanding of this right 10 B THE PROTECTION OF HUMAN RIGHTS THROUGH THE AUSTRALIAN CONSTITUTION. THERE ARE 5 EXPRESS /EXPLICIT/ENTRENCED RIGHTS PROTECTED BY THE AUSTRALIAN CONTITUTION THESE INCLUDE:  Right to free interstate trade and commerce  Right not to be discriminated against by the commonwealth on the basis of the state you reside in  The right to receive just terms for property acquisition by the commonwealth  The right to a trial by jury for indictable commonwealth offences  The right to freedom of religion Read pages 466-468 identify the section in the constitution related to these rights and then write a description of exactly what this right affords Australians AUSTRALIA’S IMPLIED RIGHT   There are structural protections for human 10 B rights established by the Constitution of Australia protecting principles and systems such as THE STRUCTURAL  The principle of the separation of powers PROTECTION OF  The principle of representative government HUMAN RIGHTS BY Read pages 471-473 Explain two ways each of the principles of the separation of THE AUSTRALIAN powers and representative government included in the Australian Constitution protect the individual rights of Australians CONSTITUTION Complete 10 B Questions 1-8 Page 476 10 C PROTECTION OF RIGHTS THROUGH STATUTE AND COMMON LAW The Commonwealth Check page 480-481 of Parliament passes laws your textbook for the that protect all Australians Most rights in Australia are Parliaments pass an array different rights protected whereas the state and protected by of laws that outline and and examples of the territory parliaments pass Commonwealth, State or protect a broad range of different pieces of laws that outline and Territory legislation. rights in Australia. legislation that have been protect the rights of the passed by parliament to individuals that reside in protect these. their state or territory. INTERNATIONAL TREATIES AND CONVENTIONS When the Australian Government sends representatives to international assemblies that discuss human rights, if Australia is committed to upholding the rights discussed they will sign the treaty/agreement and become a signatory (which means Australia has the intention of adopting the terms of the agreement in Australia) Signing the treaty does not automatically make it law in Australia in order for this to happen Parliament must pass laws which legally bind individuals to accept and implement these rights When parliaments make laws such as these that support international agreements they are ratifying (ratification) the treaty making laws to ensure the rights in question are protected for people in our country. THE VICTORIAN CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES Australia does not have a Bill of Rights that applies to all Australians  Victoria (Vic) and the ACT (Australian Capital Territory) both have passed laws/Acts of Parliament that aim to protect the rights of individuals in their state/territory  The Charter of Human Rights and Responsibilities Act 2006 Vic sets out the basic rights, responsibilities and freedoms of Victorians VICTORIAN BASIC RIGHTS OUTLINED & PROTECTED BY THE HUMAN RIGHTS CHARTER VICTORIA  Right to life  Right to be treated equally  Right to be protected from before the law torture and cruel, inhuman  Right to a fair hearing or degrading treatment  Right to not be tried or  Freedom of movement punished for the same  Freedom of thought, offence more than once conscience, religion and  Right to legal aid if entitled belief  Right to the free assistance  Freedom to take part in of an interpreter public life e.g. vote or  Right to not have to give stand for election evidence against him or herself HUMAN Common law refers to law created by judges when resolving disputes in situations where no law exists that can be applied to the case or the law that exists is unclear and requires interpretation by the court RIGHTS ARE The principles created in these cases become precedents and must be followed (are binding) on future similar cases that come before the lower courts in the court hierarchy Some of the areas where common law has contributed to ALSO the protection of rights are  Right to silence  Right to a fair trial PROTECTED    Right to legal representation Right to transgender people to marry Rights of indigenous people THROUGH After judges make laws (precedents) regarding human rights sometimes parliaments can either re-enforce these COMMON LAW decisions through codification or choose to show disapproval by abrogating (abrogation) the decision made by the courts.  Define the terms 10 C Codification APPLICATION Abrogation TASK 10. C 487 Complete questions 1 to 15 on pages 485- 10 C GOAL REVIEW  I can explain how our rights are protected in Australia. /5   Right  Codification  Precedent  Discrimination  Abrogation  Statute  International  The Australian law/Legislatio n treaty Constitution  United  Express / GLOSSARY Nations Entrenched rights  Human Rights WORDS Charter  Implied rights  Signatory  Constitutional  Ratification Structural rights  Legal  Common/Case principle law 11 C THE RIGHT TO VOTE IN LEARNING INTENTION: AUSTRALIA TO UNDERSTAND THE NATURE AND DEVELOPMENT OF THE RIGHT TO VOTE IN AUSTRALIA LAWS RELATING TO THE RIGHT TO VOTE CONFLICTING ATTITUDES REGARDING THE RIGHT TO VOTE POSSIBLE REFORMS TO THE RIGHT TO VOTE FOR AUSTRALIANS /5  WITH REFERENCE TO PAGES 511 TO 513 OF YOUR EDROLO TEXTBOOK IN PAIRS OR GROUPS OF NO MORE THAN 3 CLASS GROUP ACTIVITY CREATE A TIME- LINE PLOTTING THE SIGNIFICANT EVENTS THAT HAVE CONTRIBUTED TO THE DEVELOPMENT OF THE RIGHT TO VOTE IN AUSTRALIA LAWS RELATING TO THE RIGHT TO VOTE IN AUSTRALIA Method used to Explanation of how Example of principles protect the right to the right to vote is of law relating to the vote protected using this right to vote method established using this method STATUTE LAW/LEGISLATION THE AUSTRALIAN CONSTITUTION COMMON/CASE LAW (PRECEDENT) Contentious issue Argument Argument regarding voting FOR AGAINST Age at which CONFLICTING Australians are required to vote is 18 ATTITUDES Prisoners serving a sentence REGARDING Prisoners serving a THE RIGHT TO sentence of three years or more, are not VOTE eligible to vote It is compulsory for all eligible voters over the age of 18 to vote To cast their vote, individuals must do so on ballot paper at a polling place POSSIBLE REFORMS TO THE RIGHT TO VOTE IN AUSTRALIA EXPLANATION OF THE GROUPS THAT ENDORSE PROPOSED REFORM CHANGE PROPOSED THE PROPOSED REFORM Lowering the voting age in Australia Allowing all prisoners in Australia to vote Introducing electronic voting in Australia Making voting voluntary in Australia 11 C GOAL REVIEW I CAN EXPLAIN HOW THE I CAN IDENTIFY I CAN DISCUSS SOME I CAN SUGGEST SOME /5 RIGHT TO VOTE HAS PRINCIPLES OF LAW CONFLICTING ATTITUDES POSSIBLE REFORMS TO DEVELOPED IN RELATING TO THE RIGHT REGARDING THE RIGHT THE RIGHT TO VOTE IN AUSTRALIA TO VOTE TO VOTE IN AUSTRALIA AUSTRALIA 11 C APPLICATION TASK Complete the tables on the previous slides 25,26,& 27 as part of your notes 11. C Complete questions 8 to 12 on pages 520- 522  To understand how the Vicki Lee Roach case helped 11 D GOAL: THE RIGHT TO VOTE protect the right of prisoners A CASE STUDY IN WHICH AN INDIVIDUAL HAS INFLUENCED to vote in Australia. THE RIGHT TO VOTE IN AUSTRALIA ROACH V ELECTORAL COMMISSIONER 2007 233 CLR 162 HIGH COURT /5 BACKGROUND INFORMATION FACTS Vicki had been removed from When the Commonwealth her mother at two years of Electoral Act of 1918 (Cth) age due to government was amended in 2006 by the policies at the time now Commonwealth, referred to as the Stolen Vicki began running away Generations. (First Nations from her foster family from Vicki Lee Roach was serving children removed from their the age of nine a 6 year prison term for 5 families by governments, offences for which she had churches and welfare bodies been convicted. and raised in institutions or white foster families Disqualified from voting due to her incarceration at the Vicki Roach believed this time amendment silenced First Throughout her life she was Roach decided to challenge Nations peoples as they constantly in and out of jail the constitutional validity of accounted for 25% of the after resorting to a life of the Commonwealth’s 2006 prison population at the time drugs and petty crime. amendment to the Electoral but only 2.5% of the total Act 1918 which banned all Australian population. prisoners from voting   The high court had to assess whether the 2006 amendment to the Commonwealth Electoral Act 1918 was constitutionally invalid on the grounds that it:  Breached ss 7 & 24 of the Australian Constitution, which state that Australia’s representatives must be “directly chosen by the people”.  Was made beyond the law making powers of the LEGAL ISSUES Commonwealth Parliament.  Was inconsistent with the implied right to freedom of political communication.  Undermined the principle of representative government, as it disregarded the fact that prisoners who have committed a minor breach of the law have a greater ability to participate in the electoral processes due to having a shorter sentence. DECISION OF THE HIGH COURT  The Hight Court held that the complete ban on all prisoners from voting imposed by the 2006 amendment was unconstitutional as it was inconsistent with the representative government principle interpreted through ss 7 & 24 of the Constitution  The government must be chosen by a substantial majority of the population and removing the right to vote could only be done if significant reason exists  The High court disagreed with Roach’s argument that the Constitution should protect the right to vote of all adults, instead ruled that there was significant reason for those serving a long prison term to have their right to vote removed but stated that removing the right to vote for all prisoners including those on remand was excessive as the majority of prisoners are only in prison for a short time of less than three years.  Therefore the 2006 amendment banning all prisoners from voting was found to be invalid by the High Court  The 2004 amendment banning only prisoners serving sentences of over three years or longer from voting was deemed acceptable legislation and is still applicable today.   Roach did not regain her right to vote as she was serving a sentence of six years. SIGNIFICANCE  However this decision allowed prisoners serving sentences of OF THE HIGH three years or less or those on remand to have their ability to vote reinstated due to Vicki Roach’s challenge in the High Court. COURT’S  Approximately 10,000 prisoners regained their right to vote in DECISION IN  the 2007 Commonwealth Election. As first Nations peoples are incarcerated at higher rates than THE ROACH V any other group in Australia, the Roach decision had the effect of protecting the right to vote for prisoners serving less than a ELECTORAL 3 year sentence, which was important for all prisoners - but can be seen as specifically relevant to First Nations peoples. COMMISSIONE  The Commonwealth still has the ability to pass laws on who may vote in Australia but this case decision demonstrates the R High court was able to make a fair decision and restrict the law making power of the Commonwealth when the law seems excessive and over restrictive.  The reasons changes in the law in relation to the right to vote were bought about by this case  Protect the rights of First REASONS Nations’ people  Enhance the principle of FOR REFORM representative government  Prevent the arbitrary exercise of power by parliament VIEWS AND OPINIONS FOR AND AGAINST BANNING ALL PRISONERS FROM VOTING FOR AGAINST 1 1 2 2 3 3 4 4 INDIVIDUALS OR GROUPS INFLUENCING THE RIGHT TO VOTE Name of Their claims, comments and/or individual or involvement group 1 2 3 4 11 D APPLICATION TASK Complete the tables on the previous slides 37 & 38 as part of your notes 11. D Complete questions 1 to 10 on pages 529- 530 Edrolo GOAL REVIEW Do I understand how the decision in the the Vicki Lee Roach case helped protect the right of prisoners to vote in Australia.  /5