Human Rights
Human Rights are protected by the Rule of Law
The Magna Carta was the basis for contemporary human rights and established the Rule of Law. The Rule of Law principles provide the foundations for the protection and enforcement of human rights, and in turn, the principles are protected with human rights by International documents, such as the UDHR, the ICCPR and the ICESCR.
“Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law…”
– Preamble of the Universal Declaration of Human Rights
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Historical Background of Human Rights
a. The Magna Carta & Human Rights
b. The rule of law
Human Rights
a. Videos
b. Does we need a Human Rights Act?
c. How are human rights protected?
d. The ICCPR
e. International Bill of Rights
f. Poster
What is the relationship between the Magna Carta and Human Rights?
This resource explores the legacy of the Magna Carta and its effect on human rights documents, tracing the evolution from the Magna Carta to the Universal Declaration of Human Rights, and giving an overview of the relationship between the Magna Carta and Human Rights.
What is the Rule of Law
A simple definition of the rule of law that has near universal acceptance states “…most of the content of the rule of law can be summed up in two points: (1) that the people (including, one should add, the government) should be ruled by the law and obey it; and (2) that the law should be such that people will be able (and, one should add, willing) to be guided by it.” (Geoffrey de Q. Walker, The rule of law: foundation of constitutional democracy (1st Ed., 1988)).
Does Australia need a Human Rights Act?
The team at the Rule of Law Education Centre interviewed Lorraine Finlay, Human Rights Commissioner with the Australian Human Rights Commission about human rights in Australia.
Lorraine outlined both sides of the debate and highlighted that the key issue centres around who, elected officials or unelected judges, will make the final decisions when two human rights come into conflict.
How are Human Rights protected in Australia?
Australian rights are protected through a range of legal and non-legal sources. This creates a distinctive patchwork system, where each piece plays a role in balancing the rights and responsibilities of individuals, governments, and organisations. Together, these elements form a resilient and adaptable framework that not only safeguards the rights of all Australians but also holds those in power accountable.
International Covenant on Civil and Political Rights (ICCPR)
Human rights are recognised and protected in Australia through federal and state laws, policies and procedures and the overarching framework of the Constitution. The ICCPR is an internationally significant treaty that serves as an influential guide for every Australian citizen.
The International Bill of Rights
The connection between human rights and the rule of law is not as straightforward as some scholars or commentators suggest. While the two concepts often intersect, they are not inherently dependent on each other. For instance, a strong rule of law framework can exist even in the absence of extensive human rights protections.
Primary School Resources on Human Rights
Human rights are fundamental values that can be found in a successful democratic society. Human rights form the foundations of governments that serve to protect the people. All citizens are considered equal in the eyes of the law, have access to the law which serves communities justly and without discrimination, and forms parliaments that make the law.
World Human Rights Day is an opportunity to share with your students the importance of human rights and why they must be supported for all people across the world. These resources will help support your work in the classroom as you teach your students about the importance of supporting human rights.
Democracy and Human Rights
Let’s test your knowledge! Can you recognise which one of these articles is from the Universal Declaration of Human Rights?
What are Human Rights?
A right is something a person is allowed to do or not do. It can also mean that others can’t force someone to do something or be in a certain situation. For example, everyone has the right to have a job and to be treated fairly. No one should be forced to work against their will or be treated like a slave.
How are Human Rights Protected?
In Australia, people’s rights are protected in different ways. Think of it like a big puzzle, each piece helps make sure everyone is treated fairly and that rules are followed.