Should Australia Have The Right To An Adequate Standard Of Living?

In this essay I will examine the development of Australian society and subsequent rights given to Australian citizens, thus addressing the guiding question as quoted at the top of the paper.

It is a commonly known issue in Australia that as a minority group, the people of Indigenous Australian ethnicity have always been treated, or at least perceived, differently to those of non-Indigenous disposition. This can be applied to different contexts such as social, economic, education, or in relation to this essay – legal contexts. Generally, Indigenous Australians face issues such as less opportunity for formal education, less access to sufficient income, more health issues, and higher rates of imprisonment (Steering Committee for the Review of Government Service

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

The Assimilation policy (1961) has impacted on Indigenous Australians within their physical and mental state and identity present in today’s society. Australia is commonly considered to be free and fair in their culturally diverse societies, but when the Indigenous population is closer looked into, it is clear that from a social and economical view their health needs are disadvantaged compared to non-Indigenous equals. In relation to this, the present Indigenous health is being impacted by disadvantages of education, employment, income and health status. Even urban Indigenous residents are being affected just as much as those residing in remote and rural areas of Australia.

Australian government today recognises that educational policies regarding Aboriginal people cannot be made without considering social and economic policies aimed at improving outcomes for Aboriginal communities in general (TICHR, 2006). Main contemporary issues facing Aboriginal communities are proving land ownership, remoteness, health status, education and employment status and social attitude of Non-Aboriginal population towards the Aboriginal communities (Challenges facing the Indigenous communities today, n.d.). Tackling this issue is not a simple task: the document “National Indigenous Reform Agreement” (2010) which aims to improve outcomes for all Indigenous Australians recognizes that this process needs approach from different aspects, taking into account “seven key building blocks: Early Childhood, Schooling, Health, Economic Participation, Healthy Homes, Safe Communities, and Governance and Leadership” (as cited in DET Queensland,

This essay will discuss the issues for Indigenous Australians only, this however, can be related to any culture, but for the purpose of this essay I will be referring to Indigenous Australians only.

A lot of aboriginal students are now graduating high school in the past few years. But, now they seem to rank lower in education, higher rates of unemployment, along with higher rates of smoking, alcohol and drug abuse, which can lead to needing a lot more health care than the average person. (Dr. Chandrakant P. Shah. 2005, page.3)

The poor health position of Indigenous Australians is a contemporary reflection of their historical treatment as Australia’s traditional owners. This treatment has led to Indigenous Australians experiencing social disadvantages, significantly low socio-economic status, dispossession, poverty and powerlessness as a direct result of the institutionalised racism inherent in contemporary Australian society.

Further, low income, unemployment, racism, lack of education further deteriorate their quality-of-life and well-being (Carson, Dunbar, Chenhall, & Bailie, 2007). Therefore “closing the gap” on indigenous disadvantage is crucial for archive equality in life expectancy, health status, education and employment between indigenous and non-indigenous Australians (Black & Richards, 2009).

The racism that goes on around Australia has a very serious impact on Indigenous Australians; this impact is the gap in the life expectancy between Indigenous and Non-Indigenous Australians. Life expectancy for native Australians is in comparison with third world countries with the probability of death being around 20 years lower than other Australians, which has increased since 1997 (Kim 2007). The life of Indigenous Australian 's is short-lived compared to other Australians as 66% of the deaths of native Australians were before the age of 65 (Australian Institute of Health and Welfare 2011). The life expectancy for non-indigenous Australian 's is 75 for males and 81 for females. The life expectancy for Indigenous Australian 's has been the same since the 1900’s with the life expectancy of males being 56 and females 61 (Human Rights and Equal Opportunity Commission 2001). The gap in life probability between

Education is fundamental to growth, the growth of the individual, and the growth of a nation. Anthropologically this can be seen from the earliest of developments of human societies where practices emerge to ensure the passing of accumulated knowledge from one generation to the next. In the centuries since the invasion and colonisation of Australia in 1788, colonist authorities and governments have dominated the making of policies regarding most major aspects of Australian life, including the lives of Indigenous Australians. The enactment of these policies and legislation, whether targeted at society as a whole or directly at education, has had significant and most often negative causal impact on Aboriginal and Torres Strait Islander peoples, resulting in not only poor educational outcomes, but the loss of cultural identity, the development of serious issues in health and wellbeing, and the restriction of growth of Aboriginal communities. Moreover, there has been an ongoing pattern of the adoption of ill-informed policies in Australia, resulting in these poor outcomes and cultural decimation. Aboriginal people have developed a wariness, a mistrust, and even an attitude of avoidance to engage with non-Indigenous officials and those who they associate as their representatives, i.e. personnel working within

The disparities accounted for in the distribution of wealth and income tends to reflect wealth that is accumulated during a person’s working life and utilised during retirement. Whilst this sources the foundation of inequality, the distribution of income in Australia is influenced by socio-economic factors such as gender, age, occupation and ethnicity. Gender is a common inconsistency in various economies, during 2013 average weekly earnings for males were $1516 while females earned $1250, this is still coherent for males and females in the same occupational categories, and is augmented for opposite genders in different occupational categories. In terms of ethnicity, it has been recorded that persons born overseas earn more than persons born in Australia, that non-English speaking backgrounds earn less than English speaking backgrounds and the period of residence in Australia is proportional to the income earned. However, the lowest income earners in the Australian community are Indigenous Australians and being heavily reliant on government welfare, earn a substantial loss in income compared to that

Human rights have been a perpetual concern for the contemporary global society in terms of its meaning, and interpretation. The Universal Declaration of Human Rights (UDHR) define human rights as “inherent dignity and of the equal and inalienable rights of all members of the human family” . Governments have different forms to protect these human rights; United States of America, United Kingdom, Canada, New Zealand following many other countries obtain a form of Bill of Rights or charter of rights. Australia does not have said document. However, there are other forms of laws which protect human rights in Australia.

In the words of the Salvation Army themselves “few lives are untouched by the major social problems associated with drugs, alcohol and gambling today” and that is never more true then when applied to the populace of our local area, the type of everyday people that come from every different culture and religion on Earth, and are widely unique, that’s why The Salvos provide in-area addiction support to the people who need it most. From Penrith to Wollongong, the Salvation Army provides the support and faculties to help break from addiction in whatever form it takes, and with these facilities, truly help restore a healthy wellbeing to people, and provide them with a clean life, one that can be jumpstarted through these programs. It is in this way that the Salvation Army provides critical addiction support to the most vulnerable members of our society.

(Article 25(1) UDHR, Article 11 ICESCR, Article 17 ICCPR, Article 14 (2) and 15 (2) CEDAW, and General Comments).