Académique Documents
Professionnel Documents
Culture Documents
Slavery Convention
1926:
Female Suffrage:
NZ: 1893
Australia: 1902
US: 1920
UK: 1928
being
allowed
to vote, the 1967
The rightWhile
to free
and
compulsory
constitutional referendum gave Indigenous
education for all children. The right to education is
Australians equal status as citizens, including
enshrined in Articles 13 and 14
thetoICESCR.
theof
right
be counted in the census.
State sovereignty:
Intergovernmental Organizations:
European Union (EU):
- States must be democracies that uphold the rule of
law, respect and uphold universal human rights and
adhere to the UN Charter on the use of force
North Atlantic Treaty Organisation (NATO):
- States must be democracies that uphold the rule of
law, respect and uphold universal human rights and
adhere to the UN Charter on the use of force
Commonwealth of Nations:
- Abide by the principles of democracy and respect
human rights
- Can be expelled from the Commonwealth due to noncompliance (e.g. Fiji, Nigeria, Pakistan and Zimbabwe
have all been temporarily suspended)
Ad Hoc UN Tribunals:
- Set up by the UNSC under the rules of UN Charter
- Individuals could be prosecuted for crimes against humanity
Non-Governmental Organisations:
Independent and without any representation of government i.e.
private voluntary organisations, citizens associations and civil
society organisations
Naming and shaming can pressure governments to act in the
right way
- International Committee of the Red Cross
Permanent observer status of UNGA
International humanitarian law: to protect the life and
dignity of the victims of international and internal
armed conflicts (often overlapping with human rights
abuses)
Amnesty International:
The Media:
- Naming and shamings governments and human rights
violators by exposing instances of human rights
abuse/places pressure on governments to enact change
- Article 19 of UDHR 1948; right to a free and impartial
media (important as it influences public opinion
significantly)
- Quickly mobile public action against human rights
abuses e.g. Kony 2012
- Compassion fatigue can be a result of constant news
coverage
- Tendency for media to have broad as opposed to deep
coverage
Reason
Effect
Lack of adequate
enforcement
mechanisms
Enforcement by
consensus
Reliance on state
reporting
Lack of Security
Council action
Lack of funding
Informal recognition of
NGOs
Effectiveness of the
media
Expressed Rights:
- s. 116 (freedom of religion i.e. Commonwealth not to
legislation in respect of religion)
- s. 117 (right against discrimination on the basis of outof-State residence i.e. no subjection to any disability or
discrimination on a state basis)
- s. 109 (inconsistency of laws i.e. legislature hierarchy
Commonwealth law shall always prevail)
- s. 80 (trial by jury i.e. indictable offences against any
law of the Commonwealth shall be by jury in the state
where the offence was committed)
- s. 51 (xxxi) (right to just compensation i.e. acquisition
of property on just terms)
- s. 51 (xxxvii) (residual powers i.e. States can refer
power back to Commonwealth)
Common Law
The body of law passed down by judgements of the courts. Has
evolved over the years independent of government and carries
the power to protect many human rights. Common law cannot
be relied upon to develop new rights as judgements will only
define those rights on a case-by-case basis e.g.
- ABC v Lenah Games Meats Pty Ltd 2001, the HCA
suggested the possibility of a tort for invasion of
privacy
- Giller v Procopets 2008, the Supreme Court of Victoria
recognised a persons right to privacy
- Mabo and other v the State of Queensland 1992,
decided native title existed if the Indigenous
occupiers of the land could demonstrate an ongoing
traditional connection with the land and the title had
not been extinguished by a valid government action .
Courts and Tribunals
- The NSW Administrative Decisions Tribunal can hear
complaints about discrimination and make legally binding
decisions about the matter (can award damages up to $40
000).
- The ACT and Victorian courts can also hear and make
decisions about the abuse of human rights contained in their
legislative Charter of Rights.
- High Court of Australia: can set binding presents on other
courts and overturn state of Commonwealth legislation
- e.g. decriminalisation of homosexuality (Croome v
Tasmania 1997), Constitution right to freedom of
political communication (Lange v Australian
Broadcasting Corporation 1997), possible common law
right to privacy (ABC v Lenah Games Meats Pty Ltd
2001), all peoples right to vote (Roach v Electoral
Commissioner 2007), recognition of the Australias
indigenous peoples right to their traditional land i.e.
native title (Mabo v Queensland 1992)
- International tribunals can also be effective in addressing
human rights violations where there is no domestic legislation
enacting the provisions of signed treaties e.g. Toonen v
Non-Government Organisations
Amnesty International
The Red Cross
The Australian Human Rights Centre at UNSW (provides
information about human rights and publishes material
about current developments that affect human rights
law)
The NSW Council for Civil Liberties (monitors and
comments on developments that may affect civil rights)
Effective in cultivating public awareness, researching
issues, making submissions to the Commonwealth,
prompting law reform and exposing violations, however,
are have very limited on-the-ground functionality
The Media
Indispensable role in naming and shaming governments
and human rights violators e.g. Slaving Away by Four
Corners expose s human rights violations in more depth
Significant influence on public opinion and government
action
The rights of Australian reports to disseminate
information and the right of the public to receive
information are not enshrined in law but the freedom of
political communication is protected to an extent by HCA
interpretation.
Disadvantages:
HUMAN TRAFFCIKING
Legal Reponses
Benefits
United Nations
Protocol against
Trafficking in
Persons 2003,
showed more than a
doubling of abiding
states from 54 to
125 out of 155
covered.
United Nations
Protocol to Prevent,
Suppress, and
Punish Trafficking in
Persons
United Nations
Convention against
Transnational
Organized Crime
Benefits
Detriments