Pols2113 Human Rights : Civil Assessment Answers

Rights for human are classified in global legal binding arrangements joining councils, called contracts.  An established set of human rights standards and a method of monitoring how the treaty will be implemented and is mentioned under International Human Rights treaty. By signing an agreement, a nation willingly accepts judicial commitments and responsibilities within global laws.

A right is something that everyone is entitled to have. For example a tenant has the right to live in the house when he/she rents it. Generally it is believed that humans have the fair and equitable right to live in safety free and safe natural world.  People consider that human rights are not generated, as they already prevail.

The issue is that rights are not always acclaimed. They are important for a carefree living and are the roots of independent, free and peaceful life in the world. Human rights are encouraging and actions which spoil these rights create misery, injustice, unrest, poverty and war.

Australia is a part of seven core international human rights treaties:

the International Covenant on Civil and Political Rights (ICCPR)

the International Covenant on Economic, Social and Cultural Rights (ICESCR)

the International Convention on the Elimination of All Forms of Racial Discrimination (CERD)

the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

the Convention on the Rights of the Child (CRC)

The Convention on the Rights of Persons with Disabilities (CRPD).

Australia established and was amongst the 51 members of the United Nations (UN) and has been in the involvement and  expansion of global system of human rights. In 1945 Australia played a major role in the discussions on the UN’s charter and made sure that respect for human rights was placed along with the primary objectives of the United Nations which are peace, security and development.  

Australia has always been a campaigner of human rights throughout global agreement and has also agreed with all of the major global instruments of human rights instruments.

The Universal Declaration of Human Rights was drafted by the commission as one of the 8 members with Australia. It was adopted on 10th December 1948 and was presented to the general assembly of UN. The global Covenant on civil and political rights (ICCPR) is a key international human rights agreement which gives  a lot of  shelter for political and civil rights. The ICCPR along with the Universal Declaration of  Rights  for human and the International Covenant on Economic Social and Cultural Rights are called the International Bill of Human Rights. It consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and its two Optional Protocols.

Children's human rights

Children rights are comprehensively mentioned in an agreement called The United Nation's Convention (UNCRC) consisting 54 articles explaining on social , Economic, cultural and civil rights. Rest emphasize on the publicity to carry out the convention. UNCRC widely explains the right of all young people and children up to age 18.

The UNCRC was signed in 1990 by the State Party of UK  and in 1991 it was approved which means that the party has to ensure that all children will get all the rights mentioned in the agreement apart from  the ones wherein council has given a reservation.

After the enforcement of the treaty every child was given over 40 rights Some of them are mentioned below;  the right to life, survival and development; the right to have their views respected and to have their best interests considered at all times; the right to a name and nationality, freedom of expression and access to information about them; the right to live in a family environment or alternative care and to have contact with both parents if possible; health and welfare rights - including rights for disabled children - the right to health and health care and social security; the right to education, leisure, culture and the arts; special protection for refugee children, children in the juvenile justice system, children deprived of their liberty and children suffering economic, sexual or other forms of exploitation

The above mentioned rights are applicable to all young people and children children and young people, without any deviations.

From around the world 18 independent specialist of the  UN body form a committee on child rights. Under article 43 of the convention the specialist are selected for 4years.They can be elected  again if nominated and nomination is done only by State parties of the Convention.

Rights of the Child committee observe and apply the rights of the child by its state parties. Every country under the state party need to report in every 5 years to the delegated team for the work done for chidren's rights in their area. After the report is given proper assessment is done to check the situation of the child rights in that state .

The committee ends the reporting period by issuing the concluding remarks. Remarks state the areas of improvement along with recommendations and the progress achieved.

The Commissioner in Northern Ireland for Children and Young People aims to promote and protect the rights of  young people and children and also other rights which have been given surety by convention.

Women’s Human Rights

United Nations nearly 70 years ago had incorporated the very basic rights for every woman. Such as the right to live free from violence, slavery, and discrimination; to be educated; to own property; to vote; and to earn a fair and equal wage. Still mostly everywhere across the globe women and girls are still struggling and just because of their gender.

Achieving the rights for a woman is basically to give every woman and girl the opportunities and trying to change the mindsets, laws and policies in every country and community so that we start contributing in strong women's constitution.

Group called Global Fund for women works everyday to support women and girls. They are working to make sure that women have the right to vote, own  a property, run their businesses, should be paid equal salary and should live free from violence such as sexual assault and domestic violence. They stand for rights of women equality, right for women to decide when she wants to have children and take good care of their health. Every woman should live free from any discrimination.

UN declared two major documents for women's rights: (a) The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), this is an international bill passed for women which states that the government should end gender discrimination. (b) The Beijing Declaration and Platform for Action, this was formed to adopt gender equality and equal rights for women in every phase of life.

The UN Millennium Development Goals are formed to minimize poverty, to increase gender equality in education and work. It is seen that all over the world more women are now in school and at work.  Still certain rights in the millennium are remaining like protection from violence against sexual and reproductive rights.

The new Sustainable Development Goals (SDGs) have promised to make further changes in women's rights and include a specific goal (Goal 5) for gender equality. This goal is extensive than the earlier goal on gender equality and has an objective to end violence based on gender, remove child marriages and  female circumcision and make sure that women have access to sexual and reproductive health. The goal as well sets equal rights for education, increasing women’s economic opportunities, and trying to lower down  the burden of work without pay on women and girls.

Hence it becomes a responsibility of all of us to make sure that governments live up to their promises and make sure the goals are completed.

Prisoners’ Rights and the rights of those in Detention

Rights of prisoners are mentioned in a number of international treaties. These came into effect from the two world wars. World War I and World War II had intense effect on international law as the civil rights and liberties were denied on the basis of political, racial and religious discrimination. There were huge changes made in the international laws because of increasing violence and murders. Hence, changes began to occur in the laws and so the rights of the prisoners were also given light. A law of Prisoner’s rights deals with the rights of people behind the bars.

Cruel and Unusual Punishments – every person has the right to be free from cruel and unusual punishment. Anyone's basic dignity should not be violated.

Sexual Harassment or Sex Crimes – every person has the right to be free from sexual harassment and crimes, like rape or molestation for the time they are in custody.

Right to Complain About Prison Conditions and Access to the Courts – every person has the right to show their concerns about the condition of the prison to the officials and the court.

Disabled Prisoners – As per the American Disabilities act every disable person has the right to take accommodations and prison facilities as compared to people who are not disabled.

Medical and Mental Health Care – Proper medical and mental health treatment should be given to the prisoners.

First Amendment Rights – every person is entitled to have the basic right of speech and religion.

Discrimination – Every person has the right to be free from racial injustice which is on the basis of religion or age while in prison.

Rights of Detainees

Detention happens when someone is not allowed to leave a certain place. Few rights are given below:

 • Right to liberty and security except in accordance with law

• Right to freedom of movement .

• No one shall be subject to arbitrary arrest or detention.

• Right to be aware of the reason for the arrest and the right to test the legality of any arrest or detention .

 • Right to be treated with humanity and respect for the dignity of the everyone

 • No one should be treated with inhuman behaviour or tortured.

•Educational, social , administrative and legislative measures should be taken by the state to safeguard children violence such as physical or mental  and from any injury, abuse, neglect and maltreatment by those who have the care of children .

 • Young people charged of criminal offences should be separated from adults.

 •Detained children should have the right to get in touch with their family and shall be treated in a way that takes care of the needs of persons of their age.