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LEGAL STUDIES
TASK 1
The international covenant on civil and political rights. 176
this supervises the human rights performance of states which have signed the covenant in three ways. First, it examines reports describing how the covenant is being implemented. Second, it can consider complaints by one state against another as long as both parties have signed a special declaration recognizing the right of the committee to hear such complaints. Third, the committee can consider complaints from individuals if they are citizens of countries that have accepted that individuals can make complaints.
Custom Essays on lagal studies tasks
The international Covenant on Economic, Social and Cultural rights. 176
The function of the covenant is to ensure that everyone is provided with everything they need in order to maintain human dignity it imposes legal obligations on signatory nations to take steps in achieving the full realization of the rights recognized in the covenant. Under this convention everyone has the right to just and favorable conditions of work, to form trade unions, social security, a reasonable standard of living and access to standard physical and mental health, education and to take part in cultural life and have access to benefits of scientific progress.
TASK
The purpose of the United Nations Declaration of Human Rights was to achieve maintenance of peace and security in the world. Universally recognizing interests, powers, liberties and entitlements associated with respect and for human dignity and freedom. The Universal Declaration of Human Rights was proclaimed in 148. In this document there are 0 articles which asserts the right of all people to
Equality before the law
Education and work
Adequate health and standards of living
Freedom to form a political party and to vote
Freedom of speech, thought and conscience
Freedom from torture, cruel and degrading treatment or punishment
Freedom to seek asylum in other countries to escape persecution.
TASK
Human rights are recognized and enforced by conventional mechanisms such as treaty bodies to monitor compliance of states parties to conventions. Extra conventional mechanisms such as Special representatives of the Secretary-general, and special rapporteurs who are experts appointed by the commission of Human Rights. These special rapporteurs examine, monitor and publicly report on human rights situations and compliance of states with the various international human rights instruments. A 4 hour fax "hotline" is also offered, which can be used by victims of human rights violations, their relatives and non-governmental organizations. Documents which recognize human rights at an international level include all 0 articles of the Declaration of human rights other documents include the covenants of civil and political rights, the elimination of all forms of discrimination against women, the elimination on all forms of racial discrimination, the prevention and punishment of the crime of genocide, the rights of the child and the convention against torture and other cruel, inhumane or degrading treatments and punishments. Institutions enforcing these human rights include an international court of justice, international groups such as amnesty international works as an enforcement agency of human rights.
TASK 4
Human rights may receive effective domestic protection through constitutional, statute or common law only while the rule of law exists in a country. When nations wish to participate in international law the universal declaration of human rights is very effective. Nonetheless, when a nation refuses to adopt an international agreement very little can be done. Therefore justice in some cases is hard to be achieved for all, if the event of a nation not becoming a signatory to a certain convention. Although nations who do sign these conventions gain huge advantages over those who do not in relation to justice for all.
TASK 5
A current international human rights issue is that of asylum seekers in Australia. One of the most controversial media reports was those of asylum seekers entering Australia earlier this year. Australia was placed in a very awkward situation, under international law, nations do not have a duty to grant asylum. Conversely Australia had already become a signatory of the convention relating to the status of refugees which defines people as refugees if they have a well-founded fear of persecution because of race, religion, nationality, political opinion or membership of a particular social group. Under article of the convention against torture and other cruel or degrading treatment or punishment, states that people should not be returned to a place where this degradation or punishment may occur. Australia was then put in the situation where morally the right thing to do would be accept the people as asylum seekers and entitle them to a protection visa which expires when the refugee can
Voluntarily return to their original country
Become a permanent resident in the country where they gained refugee status
OR
Gain resettlement in a third country.
Australia also had the easier but less morally correct option of refusing these people as refugees and sending them back to their originating countries. Australia's liberal party headed by prime minister john Howard made the executive decision in allowing these asylum seekers Protection Visas until they were able to return to their own country.
The United Nations Declaration of Human Rights played a huge role in this issue and advantaged those people who were almost certain of persecution in gaining the status of refugees and the safe haven of Australia's shores.
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