QCAA Legal Studies Human rights

Sovereignty refers to a nation-state’s independence and authority over its territory and peoples without interference from other nation-states.

Sovereignty is important to Australia’s integrity as a State, as it allows independence and the ability to exercise full control over the country’s political affairs. This means that Australia can make independent decisions to ensure the protection of its citizens and the advancement of its economy. Australia also has the right to create its own legal system and enforce its own laws. These laws apply to all citizens of Australia and all visitors to Australia.

Self-determination is the right of a peoples to decide their own political status and processes. For example, the peoples’ right to choose what sort of government they will have, without intervention from other nation-states. They can establish their own political structure and electoral system independently of external interference.

Article 2(4) of the United Nations Charter promotes the protection of Members’ rights by instructing Members against using force or threats of force against another country in any way, including against their territorial integrity and political independence. Territorial integrity refers to a country’s independence related to its physical and demographic resources in its land, air and sea boundaries. According to Article 2(4), this means one country cannot legally impose border changes on another or access their resources without that country’s permission. Political independence is related to the non-material elements of a country’s autonomy, such as freedom of political decision-making. This means it is not legal, under Article 2(4), for one country to impose a political governance system on another.

The Australian Constitution provides limited protection of human rights. However, some rights (express rights) are protected by being explicitly stated in the Constitution. Other rights (implied rights) have been interpreted by the High Court of Australia to be implicitly protected, as they can be implied by the Constitution’s wording.

One example of an express constitutional right is the right to trial by jury. This right is protected, in some circumstances, by section 80, which states that trials of indictable offences against the Commonwealth will be jury trials and will be held in the state in which the offence took place.

One example of an implied right is the right to free speech. The High Court has determined that an implied right to freedom of political communication exists in the Constitution, as it is inherent in a system of representative government as created by sections 7 and 24.

The primary role of the UNHCR is to protect the rights, health and safety of people who have been forced to flee from their homes. They do this by coordinating international action to address refugee crises and attempting to resolve refugee problems.
They provide advocacy and financial support to refugees and asylum seekers and run refugee camps for people displaced by war and natural disasters.
The UNHCR supports both refugees, i.e. those fleeing conflict or persecution who fit the international definition of ‘refugee’, and internally displaced people, i.e. those who are seeking refuge within the borders of their home country.