Post on 03-Dec-2014
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HUMAN RIGHTS IN AUSTRALIA
Promoting and Enforcing Human Rights
Incorporation of Human Rights into Domestic Law
1. International Treaty is negotiated and formed – signing of agreement
2. After signing a country is now obliged to act in the spirit of the treaty, but its not binding
3. Countries can make the treaty legally binding and enforceable by ratifying
4. Australia being a dualist system, international law becomes binding when legislation is incorporated into domestic law
HSC Human Rights questions 2010
Which of the following is an example of a collective right? A. Free Speech B. Union Membership C. Religious Freedom D. Self-determination What is meant by the term state sovereignty? A. International law recognises a nation state B. a nation state is recognised by other nation states C. International law gives power to nation states to make laws D. A nation state can determine its laws without external interference An international treaty first becomes legally enforceable in Australia
when: A. enough nations adopt the treaty B. the Australian Government signs the treaty C. the Australian Government ratifies the treaty D. Commonwealth legislation is passed giving effect to the treaty
The Australian Constitution and Human Rights
Lays down the system of Australian Government Division of powers
Federal State Local
Separation of powers Legislative Power - Parliament Executive Power – Governor-General, The Ministry, Govt
Departments Judicial Power – High court and other federal courts
Protects specific human rights, including express rights and implied rights
Videos on the constitutionhttp://www.youtube.com/watch?v=ivc8jF9a2eo&feature=related
Video in class: The Constitution ABC
Expressed and Implied Rights in the Constitution
Expressed rights – minimal rights expressed in the constitution Freedom of religion (s116) Right to vote (s41) Right to trial by jury (s80) The right for the commonwealth to acquire property
on just terms – The castle movie (s51)Implied rights – rights that must have been
intended in the constitution Freedom of political communication
Statute Law and Human Rights
Powerful tool in human rights protectionMany treaties have been ratified through this
law systemHowever, many rights can be changed
through legislation reform Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) Australian Human Rights Commission Act 1986 (Cth) Age Discrimination Act 2004 (Cth) Anti-Discrimination Act 1977 (Cth)
Common Law and Human Rights
Based upon precedent, which overtime protects rights
However, Statute overpowers Common. Rights can change overtime
Rights can be protected on a case by case basis Presumption of innocence Right to a fair and efficient trial Burden of proof for the defendant
Courts and Tribunals
Australian Human Rights Commission Deals with alleged violations of Australia’s anti-
discrimination legislation Receives and investigates complaints Promotes public awareness Gives advice to parliament on development of human
rights lawHigh Court of Australia
Has the power to set binding precedents on lower courts and is able to overturn state and federal legislation
Arguably the most important protector of human rights in Australia
Non-Government Organisations
Large amount of NGO’s involved in human rights
Ability to shape public opinion and expose violations of rights by governments and individuals
e.g. The treatment of asylum seekers from the pacific solution
The Media
Large influence on public opinion involving violations
Australia is ranked one of the top countries for media freedom – ABC and SBS.
Freedom of the press in the World
Charter of Rights for Australia?
Australia does not have a set Charter of Rights
Other countries have a Bill of Rights – USA and New Zealand
Arguments For and Against a Charter of Rights for Australia (important HSC section)
The End of Human Rights