1373014433_2012_Legal_Studies_Notes.docx

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Legal Studies YR 12 Syllabus Notes - Zahia Part II of the core: Human Rights 1. The nature and development of human rights The definition of human rights: - Basic freedoms that are protected by law and are universally accepted E.g. Freedom of speech. Human rights are: 1. Universal - To be enjoyed by everyone regardless of gender, nationality etc 2. Indivisible - All human rights are equally important 3. Inherent - They are the birth right of all humans, to be enjoyed by everyone 4. Inalienable - People cannot agree to give them up or have them taken away Developing recognition of human rights: The abolition of slavery: - Slavery is a type of forced labour where a person is considered to be the legal property of another - Types of slavery: debt slavery, punishment for a crime or slavery of prisoner of war - Some slaves were highly valued, where as others were brutalized with no legal rights - Slavery took place particularly in Europe and the Americas - Abolitionism began in the 18 th century and is a worldwide political movement that sought to abolish slavery - Christians in England pressured the government to end slavery, which resulted in the Emancipation Act 1833, which was passed by the British Empire, which William Wilberforce was the leading campaigner of. - Following the 1776 U.S Declaration of Independence, North America abolished slavery, but continued in the South - The Abolitionist Movement was one of the main causes of the Civil War - Slavery was abolished at the end of the war in 1865 by the addition of the 13 th amendment. - Abraham Lincoln worked to abolish slavery in the United States - In 1890, European countries met in Brussels, Belgium to sign the General Act of Brussels which abolished slavery in Europe
Legal Studies YR 12 Syllabus Notes - Zahia - The League of Nations Slavery was passed in 1926, which abolished slavery worldwide. - This was followed by the Universal Declaration of Human Rights in 1948 - Slavery continues to exist in forms such as child labour, human trafficking, sexual slavery, forced labour and sweatshops Trade unionism and labour rights: - A trade union is a collective organisation of worked formed to protect the rights of individuals from the power exerted by employers - Trade unions first emerged during the Industrial Revolution in response to: Unsafe working conditions Low Wages Long Hours Lack of Safety - Laws were created to criminalise workers' involvement in trade unions - In 1871, the British parliament passed the Trade Union Act which secured their legal status - In Australia, a strong union movement developed from the 19 th Century. In the 1980's, the unions joined together to form their own political party - ALP - Their Achievements are: Minimum Wages OH&S Lawss Paid Public Holidays Equal pay Long service leave - At the end of WWI, the International LabourOrganisation (ILO) was formed, aiming to improve conditions for workers around the world - The ILO's campaigned rights are now enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR) - Some countries still don't allow trade unionism Universal suffrage: - This involves everyone having the right to vote for the government of their choice - In the 19 th century, only wealthy males were privileged to vote - The campaign for women's right to vote commenced in the 19 th century. - NZ and Australia were first to grant this right in 1902
Legal Studies YR 12 Syllabus Notes - Zahia - South Australia was the first place globally to grant voting rights for women in 1894 - Women granted right to vote in Britain in 1918 and US in 1919 - A suffragette was a woman who campaigned for the right to vote - The right to vote is recognized by the world community in the UDHR - Many women and men still cannot vote, due to not all nation-states having a democracy Universal education: - Refers to the idea that all human beings have the right to an education - Until the last 150 years, only rich/elite children received an education - In the 19 th century churches began teaching students vital curriculum at Sunday school - By the mid 1800s the increasing demands of industrialization required an educated population - Education is a means of securing the future of children - The right to education is protected under article 26 of the UDHR - The UN recognize that education is essential to: Alleviate poverty Family planning Improving status of women - The NSW Education Act of 1880 made education free and compulsory in Australia at a primary level - Today it is compulsory from the ages of 6-17 - In 2001 all member states of the UN agreed to a series of Millennium Development Goals, e.g. all children will have a minimum education of to the end of primary school by 2015 Self-determination: - Refers to the right of people, especially Indigenous people, to have at least partial control over their land - This allows minorities some control of their land whilst being apart of the broader nation - This became important after world colonization by European powers - Conflicts arose in Africa, Americas, Asia, the middle east and Oceania against imperial powers (the British) - The right to self-determination began with: 1776 US Declaration of independence
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