2. Promoting and enforcing human rights

2. Promoting and enforcing human rights

1. state sovereignty

   • ultimate law making power of a state, and a state's independence and freedom from external interference in its own affairs

2. the roles of:

   • the United Nations
     • promote and enforce HR: Established in 1945 193 member states.
     • ORGANS:
   • intergovernmental organisations
     • international institution made up of member states e.g. INTERPOL
   • courts, tribunals, and independent statutory authorities
     • ICJ- hears disputed b/w states
       • ICC- not specially for Hr but prosecutes and hears matter relating to serious int crimes
         • EUROPEAN COURT HUMAN RIGHTS (ECHTHR) - applies and protects the hr of citizens in europe
   • non-government organisations
     • independent of the government, inform local community, government and UN of hr violations and progress
       • EXAMPLES: amnesty international - is a nonprofit, independent international organization that works zealously to protect Human Rights around the world.
   • the media
     • crucial role in 'role & shaming' influence public opinion --> pressuring government into change

3. (In Australia) the incorporation of human rights into domestic law

4. (in Australia) the roles of:

   • the Constitution, including divisionof powers and separation of powers
     • division of power
     • separation of powers
   • statute law
     • an act of a legislature that declares, proscribes, or commands something; a specific law, expressed in writing.
   • common law
   • courts and tribunals
     • Australian human rights commission PROMOTE, The high court ENFORCE
   • non-government organisations
     • shaping public opinions and exploding violation e.g NSW council of cicl liberties
   • the media
     • Role in 'naming and shaming'
   • a Charter of Rights (arguments for and against)

5. students learn to:

   • assess the role of state sovereignty in promoting and enforcing human rights
   • evaluate the effectiveness of international responses in promoting and enforcing human rights
   • outline how human rights are incorporated into Austrailan domestic law
   • evaluate the effectiveness of Australian responses in promoting and enforcing human rights
   • discuss the arguments for an against a Charter of Rights for Australia

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