Unit 2 Aos3 VCE Legal Studies - Human Rights (Part one)

Summary

This video provides an in-depth look at human rights protection in Australia, particularly for Year 11 Legal Studies students. It covers the basic definition of human rights, key international agreements like the Universal Declaration of Human Rights, and the three main legal mechanisms used in Australia: statute law, common law, and the Victorian Charter of Human Rights. The video also explores the Australian Constitution, including express and implied rights, structural protections like representative government, and the separation of powers, all crucial for understanding how rights are safeguarded in the country.

Takeaways

• 😀 Human rights are basic entitlements that every person should have in society, regardless of background, appearance, or location. They aim to protect dignity, equality, and freedom.
• 😀 Human rights are protected in Australia through common law, statute law, and constitutional mechanisms, each playing a distinct role in safeguarding citizens' rights.
• 😀 The Universal Declaration of Human Rights, signed over 70 years ago, sets out 30 articles outlining the rights all countries, including Australia, should protect, holding nations accountable.
• 😀 Statute law refers to laws made by Parliament, which are binding and represent citizens' values, often focusing on protecting human rights, while common law refers to laws made by judges through court rulings.
• 😀 The Victorian Charter of Human Rights and Responsibilities specifically protects the rights of Victorians by setting out freedoms and responsibilities, creating legal protections for the state's residents.
• 😀 The Australian Constitution, written long ago, outlines how Australia is governed, the powers of Parliament, and protects citizens through Express rights that cannot be easily removed or altered.
• 😀 Express rights, such as the right to freedom of religion and the right to trial by jury, are enshrined in the Constitution and can only be altered or removed through a difficult referendum process requiring a double majority vote.
• 😀 Implied rights, like the right to political communication, are not explicitly stated in the Constitution but have been recognized by the High Court, offering additional protection of human rights.
• 😀 Structural protections in the Constitution, including representative government, responsible government, and separation of powers, help ensure that power is distributed and not concentrated in one body, preventing abuse of power.
• 😀 The separation of powers in Australia ensures that legislative, executive, and judicial branches of government remain independent, preventing any single entity from controlling all aspects of lawmaking, administration, and enforcement.

Q & A

What are human rights, and why are they important?

Human rights are basic entitlements that every individual should have in society, regardless of their background, appearance, or location. They are based on values like freedom, equality, and dignity, aiming to protect the quality of life for all people.

What is the Universal Declaration of Human Rights (UDHR), and what role does it play in protecting human rights?

The UDHR is an international agreement signed by Australia that outlines 30 articles, which specify various rights individuals should be entitled to. It helps hold countries accountable for ensuring that basic human rights are protected. Although not legally binding, the declaration plays a crucial role in setting global human rights standards.

What are the main ways human rights are protected in Australia?

In Australia, human rights are protected primarily through three mechanisms: statute law (laws made by Parliament), common law (laws created by courts through legal precedents), and the Australian Constitution (which includes express rights, implied rights, and structural protections).

What is the difference between statute law and common law in terms of human rights protection?

Statute law refers to laws made by elected representatives in Parliament, which can help protect human rights by reflecting societal values. Common law, on the other hand, is made by judges in response to cases brought before them, creating precedents that protect human rights over time.

What is the Victorian Charter of Human Rights and Responsibilities?

The Victorian Charter of Human Rights and Responsibilities is a piece of legislation that protects the rights of people living in Victoria. It outlines basic rights, freedoms, and responsibilities and helps ensure that individuals' human rights are safeguarded in the state.

What are express rights in the Australian Constitution, and how are they protected?

Express rights are rights that are explicitly written into the Australian Constitution, such as freedom of religion and trial by jury. These rights are entrenched in the Constitution, meaning they can only be removed through a difficult process called a referendum, requiring a double majority of voters.

How are implied rights different from express rights in the Australian Constitution?

Implied rights are not explicitly stated in the Constitution but are inferred through judicial interpretation, particularly by the High Court. One example is the implied right to freedom of political communication. Unlike express rights, implied rights can be established more easily through court cases.

Can you explain the concept of structural protections of rights in the Constitution?

Structural protections refer to mechanisms in the Constitution that safeguard rights indirectly by ensuring a balance of power within the government. This includes representative government (elections), responsible government (accountability of public officials), and separation of powers (division of legislative, executive, and judicial functions to prevent abuses of power).

What is a referendum, and why is it important for changing rights in the Australian Constitution?

A referendum is a process by which changes to the Australian Constitution can be made. To remove or add an express right, the change must be approved by a majority of Australian voters and a majority in at least four of the six states, known as a double majority. This process ensures that constitutional changes are not made lightly.

Why is the separation of powers important in protecting human rights in Australia?

The separation of powers is essential because it divides the power of law-making and enforcement among three distinct branches of government (legislative, executive, and judiciary). This prevents any one branch from having too much power, reducing the risk of abuses of power and helping to protect individual rights.