Exam (elaborations)
SCCJA Pre-Academy Block 3-Prejudice and Personality
SCCJA Pre-Academy Block 3-Prejudice and Personality
[Show more]
Seller
Follow
Content preview
QLD Legal Studies 2020 Atar, Unit 4,Topic 1: Human rights
Australian Constitution - ANS-Describe and explain the role of the Australian
Constitution (including the foreign affairs power within s 51) in protecting express and
implied human rights in Australia.
Bilateral - ANS-A formal agreement entered into by two nation-states
Bill of Rights - ANS-A formal declaration of the legal and civil rights of the citizens of any
state, country, or federation
Convention - ANS-Similar to a treaty but more often on specific matters or issues, and
sometimes of a less formal nature; often used synonymously with treaty, covenant,
charter, protocol and/or statute
Covenant - ANS-Another term for convention meaning a legal agreement between two
or more states these are binding agreement between states
Direct Discrimination - ANS-Direct discrimination occurs when somebody is treated
unfavorably because of a protected attribute.
Disability Discrimination Act 1992 (Cth) - ANS-· The Disability Discrimination Act 1992
(DDA) makes it unlawful to discriminate against a person, in many areas of public life,
including employment, education, getting or using services, renting, or buying a house
or unit, and accessing public places, because of their disability.
Right to be free from discrimination on the basis of physical, neurological, mental basis
or learning disability (S4 of the DDA).
Applies in a range of areas including workplace (S15- 21B), Accommodation (S25)
education (S22), access to Government buildings (S23)
Direct or indirect discrimination.
Ratifies the Convention on the Right of Persons with Disabilities.
, Discrimination - ANS-Discrimination occurs when an individual or group is treated less
favourably than another person or group because of their background or certain
characteristics.
Equality - ANS-All members states are equal irrespective of the size or wealth of the
nation (Art 2.1 UN Charter).
Express Rights in the Constitution - ANS-The Australian Constitution does not include a
Bill of Rights; however, some human rights are mentioned, including the right to
compensation if the government acquires your property (s 51(xxxi))
In the Constitution important sections are,
the Right to Vote (Section 41),
Protection against acquisition of property on unjust terms (Section 51 (xxxi)),
the Right to a Trial by Jury (Section 80),
Freedom of Religion (Section 116) and;
Prohibition of discrimination on the basis of State of residency (Section 117).
Freedom from UN intervention - ANS-UN Charter Article 2.7, allows for circumstances
when the UN cna allow interventions in nation states, but the rules of chapter VII of the
Charter must be followed for any intervention to be considered.
Human Rights - ANS-the basic rights to which all people are entitled as human beings
Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) - ANS-Statement of
Compatibility: When introducing a Bill, Ministers must provide a Statement of
Compatibility (SoC) which assesses whether the bill is compatible with human rights.
It should identify whether the proposed right promotes or limits rights. If it limits some
human rights, it must provide a reason for doing so.
Parliamentary Joint Committee on Human Rights: The main function of the PJCHR is to
examine Bills coming before parliament for compatibility with human rights and examine
whether existing Acts are compatible with human rights.
It also has obligations to enquire into any matters relating to the human rights that is
referred to it by the attorney General.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller modockochieng06. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £6.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
81989 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now