The, A Reasonable Goal For A Society? Essay

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

The rights and freedoms of Aboriginals have improved drastically since 1945 with many changes to government policy, cultural views and legal rules to bring about a change from oppression to equality. Unfortunately on the other hand, some rights and freedoms have not improved at all or have even worsened.

The Mabo decision of 1992 was hailed as a landmark case in the history of indigenous-white relations in Australia. Overturning centuries of injustice, as well as the myth of right by ‘terra nullius’, the case prompted the passing of the Native Title Act of 1993, which affirmed native title and asserted that native Australians possessed their land under common law, and in doing so ushered in a new era of equality in Australian society. However, though correctly lauded as a milestone in recognition of aboriginals as valid legal entities, the act was not without its problems, and in truth has had little impact on Australian society as a whole. As we shall see, the trend of positive reform existent in the act was not supported in practice, and aboriginal Australians remain at the mercy of Western courts when it comes to their land. Though the Mabo decision and the subsequent Native Title Act went some way to correcting past injustices, its actual impact on Australian society has been negligible.

Since the beginning of European colonization in 1788, Aboriginal people have experienced displacement, have been the targets of genocidal policies and practices, and have had families destroyed through the forcible removal of children. Decades of colonial exploitation and a prolonged systematic attempt to destroy Aboriginal people and culture have led to legislations and policies that are punitive and restrictive towards Aboriginal people. Such legislation reflects the dominant society’s perceptions of Aboriginal people and how they ought to be

Since European invasion in 1788, Indigenous Australians have fought to retain their rights and freedoms and to have governments recognise them. From 1788 and onwards the British created settlements on land that Aboriginal people previously used and controlled. Throughout the 19th century the government applied policies of ‘protection’ that have segregated Aborigines from Australian society by denying them equality and opportunity. They have achieved some significant changes in the brawl for acknowledgment (Anderson, 2014). Certain key developments that are significant in Aboriginal and Torres Strait Islanders struggles for rights and freedoms are ; 1967 referendum, Mabo decision, bringing them home(stolen generations) and the apology. These four main key developments have been momentous developments for the Australian Indigenous population that are now allowed they’re human rights and freedoms.

Human rights are the rights of humans, regardless of nationality, gender, race, or religion. We should all have this in common as we are all part of humanity. However, Indigenous people did not always have these rights (Ag.gov.au, 2015). Aside from basic human rights, Indigenous people also have their own rights specific to their culture. Before 1967, Indigenous people had different rights in different states and the Australian federal government did not have any jurisdiction over Aboriginal affairs until Australia’s constitution was amended for this purpose in 1967 (Moadoph.gov.au, 2015). Between 1900 and the present time, there have been significant changes to the rights of Indigenous Australians. The effects of the European Settlement on the Indigenous people of Australia have been devastating. When white people began arriving in Australia, the Aboriginal people believed them to be ghosts of ancestor spirits. However, once they realised the settlers were invading their land, the Aborigines became, understandably, hostile (Slater & Parish, 1999, pp.8-11). In 1788, the total Indigenous population was believed to be between 750,000 and one million. By 1888, the Indigenous population was reduced to around 80,000 Australia wide (Korff, 2014). The three main reasons for this dramatic decline were the introduction of new diseases, violent conflicts with the colonisers, and settlers acquiring Indigenous land (Digital, 2015). In 1848, the Board of National Education stated that it

Whilst Indigenous Australians make up a mere 2.5% of the Australian Population (ABS 2001, pg. 9), they make up 11 percent of discrimination complaints and account for almost 50% of the complaints that fall under the Racial Discrimination Act (Henslin, J., A. Possamai and A. Possamai-Inesedy 2010, pg. 278 – 288; Human Rights and Equal Opportunity Commission 2008).

have had more sophisticated and developed culture, society, and technology. Similarly, the white Australians had ideas that the white are superior, and the Aboriginal and Torres Strait Islander should be assimilated to the white culture. Because of such circumstances, the legislative removal of Aboriginal and Torres Strait Islander children from their family and community has happened, and it has been significant in Australian history. This essay will argue that Aboriginal and Torres Strait Islander children’s human rights have been protected by several human rights mechanisms, but still not enough. Firstly, this essay will introduce several legislations, which slowed removal of the children. Secondly, it will summarise impacts of the removal

All over the world, races are still treated as inferior, even here in Australia. Though they officially and legally have the same rights as all other people, the Indigenous are still discriminated and mistreated. I have personally heard several stories about acts of racism towards Aboriginal individuals of whom I have met. The two men whom I met described the history of the indigenous people before and after the British arrival, giving me and others a first person view of life for their eyes, under the thumb of illegal and inconspicuous racism. But not all Aboriginals are treated so poorly, intentionally or otherwise. One of the greatest crisis befalling our country in the poverty in the Aboriginal communities of Australia. I am not saying that it is the fault of racism in the 21st century, but because of racism in the 20th. Because of their treatment as inferior, the indigenous people have been and still are suffering; health problems, social prejudice and housing. Of course, people are trying to stop this, to clean up the messes of our political predecessors, but others aren't. There is no one person to blame for all of this, but there is something. Discrimination towards someone of a different race based on the belief that one's own race is superior, or, racism. It changes people. It ruins lives. It creates conflict that can forever shape the lives of those

The challenges faced By Indigenous Peoples in achieving justice, are both complex and extensive. These issues stem from successive centuries of asserted colonial power, which consequently has resulted in the undermining of rights for many Indigenous communities, including the Australian Aboriginal Peoples and Maori Peoples of New Zealand. Systemic abuse of power has resulted in the gradual erosion of Indigenous culture, and as thus, rights of Indigenous communities, including Intellectual Property and Cultural Rights, have been neglected. As a result, a growing body of declarations, statements, and other developments both within governmental systems, as well as in the wider international justice arena have been received. However, many

Indigenous Australian’s are no doubt disadvantaged in the Australian community, you only have to look at the facts and this becomes remarkably apparent right away. There are many contributing factors to these worrying statistics and this paper serves to explore some of those factors.

With the development of the legal policy and societal structure, the treatment of aboriginal people changed a lot. At the past, aboriginal suffered numbers of unfair treatment, such as: stolen generation, the right to vote, and land taken. In present, although the human rights and the indigenous peoples’ rights are used to protect the aboriginal, their behaviour still be limited and large percentages of them suffering the unfair treatment, such as education, and death in custody. The treatment of aboriginals becoming better, but it does not mean that they are equal to others. Both present treatment and past treatment did not obey the guidelines of the charters of human rights and indigenous peoples right. This essay will introduce the typical unfair treatment at both periods. In addition, the evidence that the treatment is violating the human rights and indigenous peoples rights will be given.

This paper aims to explore the role of structural inequality in societal institutions like the justice system, education and employment. For the purpose of this paper, Indigenous peoples of Australia will be inclusive of Aboriginal and Torres Strait Islander population.

During the early stages of settlement in Australia there was competition for land causing conflict between the Indigenous Australians and the new European settlers, this is what stared the discrimination against the Aboriginals. Throughout the years Europeans have distanced themselves from the Indigenous which meant discrimination within laws and policies. Over the course of Australia’s settlement three different policies arose, the Policy of Protection, the Policy of Assimilation and the current Policy of Integration. Majority of these policies prevented Indigenous Australians from having human rights, all because of the colour of their skin.

Article 26 of the International Covenant On Civil And Political Rights states that all persons are equal before the law . However, the Australian legal system, and specifically the judicial system, are systems based on the idea of justice. While at first thought, this may not seem like an issue, it is important to distinguish that equality is not always synonymous with justice . With this distinction in mind, it is not hard to imagine that there are aspects of the system that although may fall in line with the idea of justice, as a result of doing such, cannot or does not do the same for equality .