Human Rights In Australia Essay

Every year, thousands of people seek refuge in Australia after being forced to flee their homes. Under the UN 1951 Refugee convention, countries are obliged to protect refugees and basic human rights must be upheld. However, Australia is violating these laws. As of August 2013, a report by the Australian Human Rights

Good afternoon, my name is Stephanie Jones and I am a currently a human rights lawyer. Human rights are the basic freedoms and protections that everyone is entitled to purely for simply just being a human being. Today I would like to use this opportunity to discuss with you the greatly debated issue of an Australian Bill of Rights. Australia currently does not have a Bill of Rights, but is the current legal system coping without one? The answer to that question in my opinion is no. Australia currently is not adequately protecting individual human rights without having a Bill of Rights. While many people would argue that yes, Australia protects individual rights well enough as it is, just as many people passionately argue that Australia does indeed need a Bill of Rights for a variety of reasons which will be talked about in greater depth later on. In my talk with you today, I would like to discuss with you all what exactly a Bill of Rights is and what it aims to achieve, how a Bill of Rights has worked in other countries and some of the more popular arguments for and against having one.

This has come from the Australian community and international human rights monitors who have stated that “There are still areas in which the domestic legal system does not provide an effective remedy to persons whose rights under the [International Covenant on Civil and Political Rights] have been violated … [Australia] should take measures to give effect to all Covenant rights and freedoms.” There hasn’t only been a recent push for a Bill of Rights, Former Chief Justice Sir Anthony Mason wrote in 1997 that “Australia's adoption of a Bill of Rights would bring Australia in from the cold, so to speak, and make directly applicable the human rights jurisprudence which has developed internationally and elsewhere. That is an important consideration in that our isolation from that jurisprudence means that we do not have what is a vital component of other constitutional and legal systems, a component which has a significant impact on culture and thought, and is an important ingredient in the emerging world order that is reducing the effective choices open to the nation state”. Brian Galligan who is an academic expert on citizenship stated that “the old confidence in the effectiveness of parliamentary responsible government and the common law for protecting human rights has been undermined by more realistic accounts of the weakness of parliament and the increasingly residual domain of common law compared with the plethora of statutory laws.” The answer to whether Australia needs to adopt a Bill of Rights in order to protect Australian citizens is simple… yes and

Another technique used in the documentary to challenge the viewers’ assumptions was the use of narration to present facts about the refugee situation. These facts and figures give the viewers a truthful and realistic picture of the situation. Some beliefs that exist in Australian society are that we are taking in too many refugees; they are criminals, they are taking over Australia, using Australian tax payers’ money and changing our culture. However, we are presented with facts and figures that change our assumptions. For example, more than 30 million people have fled their homes with nothing but the clothes they wear, boat smugglers charge up to and over $10, 000 US dollars, 13, 000 refugees are accepted annually only 2,000 of those refugees arrive by boat. Despite what many people think, like Raye who believed refugees in Australia are “handed everything on a gold platter,” life in detention centres is hard. In Villawood Detention Centre, over 9 months, three detainees committed suicide and 18 caused self-harm.

In Australia and around the world, social justice, civil rights and freedom have constantly been a point of debate and struggle. With government and higher powers attempting to make everything work with each other and get rid of discord, they subsequently affect another person’s freedom. Advocates for rights and freedom vouch for many different things, from racial equality to homosexual civil rights, every case brings with it political opposition. Over many years of trial and tribulation the modern activist has almost overcome the struggles of previous generations. That is not to say there is no longer any struggle at all.

Upholding human rights is essential for ensuring a fair and equitable society. In 1966, Australia and a majority of the world’s nations signed on to the International Covenant on Civil and Political Rights (ICCPR). After the atrocities committed in World War II this seemed like a positive step for ensuring acknowledgement and respect for the rights and freedoms of all people. However, the means of enforcing human rights is not a straightforward process. In response to ratifying the ICCPR, Australia set up the Australian Human Rights Commission. However, after a number of failed attempts, it has not followed through with implementing a

Australia pride itself on its strong human rights record and its standing as a good global citizen. However deeper analysis and according to recent situation that how boat people are being treated shows that Australia has failed to fulfill with its international human rights obligations in a number of areas. This is making the things complicating and has tendency towards receptionist and relativist arguments as regard as these international obligations. Especially, much of the focus in Australia and the country’s

Minister if you will turn your attention to the following chart, which shows a comparison of imprisonment rates between different countries. It is thoroughly disappointing to see that the Aboriginal’s represent Australia with such substantial numbers. Minister there are alarming numbers the gravity of this situation transfers to other areas. Furthermore Western Australia the Aboriginal imprisonment rates are at an astounding 3,741, in comparison to the Aboriginal people the rest of Australia at

Australia is now the only Western democracy without a bill of rights. Its law-makers have consistently declined to introduce a bill of rights, either legislative or constitutional. Recently, in 2009, the Australian Government commissioned the most extensive consultation on human rights issues in Australia’s history – and then flatly rejected the consultation committee’s recommendation that a Human Rights Act be introduced. To observers in Europe – where courtesy of the European Convention on Human Rights (ECHR), human rights are woven deeply into the fabric of governance- Australia’s position may be surprising, even perplexing. Why is Australia so isolated from the global trend towards introducing human rights-specific legislation? – David Kinley & Christine Ernst

The case of Ruddock v Vadarlis is fundamental when it comes to understanding the rights of an individual or human rights more broadly and how they are protected by public law in Australia, however this is an extremely complex issue, and this case outlined many of the protections that ensure human rights but also was one of the defining moments for human rights and public policy in the contemporary era, this cases influence stretches far, but this essay will explain how this case enshrined how Australian public law protects people’s rights. This essay will focus on the individual rights of Australians, this in itself generates a great deal of discussion and viewpoints, different ideas on exactly what rights were protected, and which rights

Asylum seekers or refugees have fled their countries’ due to volatile circumstances such as war, or fear of prosecution. Upon arrival in Australia they are moved to detention centres. Detention centres hold people who have come without a visa, any non-national and all unauthorised boat arrivals (Australian Human Rights Commission, 2014). These centres hold refugees for indefinite periods and in poor conditions. They are used as a spectacle to represent illegality and a threat to Australian society (Marfleet, 2007, p672).

Human rights are the right that any individual is entitled under their government, and it can be provided in divergent forms. Thus in Australia, there are no set of ‘Bill of Rights’, comparable to many other western countries that share similar legal values and standards. The American ‘Bill of Rights’ states that the government ensures the freedom of speech and religion, protection from torture and punishment, and the fair procedures of law . There has always been a great debate on whether Australian government should acquire a constitutional Bill of Rights. I believe that it is not necessary to obtain a Bill of Rights as it is not necessary for Australian legal system, and further, it can bring confusion, greater debate and litigations. There are other forms of human rights law introduced into Australian legal system which sets boundaries for the government to respect individual rights. Consequently, it proves the unnecessity for a Bill of Rights in Australia.

international courts and tribunals may achieve limited success in some areas of the world, it

The Human Rights Act of 1998, also abbreviated to HRA is a national law passed in the United Kingdom and mostly came into force on 2 October 2000. Its purpose is to incorporate the rights within the European Convention on Human Rights into UK national law. This law allows the citizens of the United Kingdom to defend their rights in UK courts and states that public organisations such as the Government, Police and other public authorities must respect the people’s rights by treating them fairly and equally with dignity. Firstly, this essay will be discussing what the Human Rights Act (1998) is and its effects. Secondly, this essay will be pointing out the Articles and explaining the Act. Thirdly, this essay will be talking about the history and why this act came into place. Finally, this essay will argue the necessity of the Human Rights Act (1998).

Banks (2003) notes that global citizenship is important as citizens in the 21st century need the knowledge, skills and attitudes to function in their community. By being a global citizen there is a need to embody ideals and values that are articulated in the Declaration of Human Rights. Australia has signed the five international treaties which make up the International Bill of Human Rights but the treaties are not legally binding in Australia, which means that the rights and freedoms of everyone living in Australia is not protected by law (New South Wales Council for Civil Liberties, NSWCCL, 2010). Being a global citizen, allows for us to learn the knowledge and skills to become an effective citizen in the global community.