The Relationship Between Australian Law And International Law

These include freedom of opinion, thought, association and freedom from arbitrary detention and are all about treating others fairly and being fairly treated yourself, and making genuine choices in daily life. Wilson says ‘Respect for human rights underpins the democratic processes of our society and is the cornerstone of a society that respects individuals and voluntary community collaboration’ (Tim Wilson, 2014). Despite this, the control the Australian Government exercised over its people in WWII encroached on all of these universally recognized human rights, and it was in 1948 after the atrocity of WWII that the Universal Declaration of Human Rights was internationalised.

After looking at other example of Bills of Rights around the world, with America having theirs for 224 years, Canada having implemented theirs for 30 years and the UK for 17 years, Australia needs to consider each nation’s Bill of Rights’ respective strengths and weaknesses when considering our own Bill of Rights in order for it to best suit the current and future society. Canada adopts something of the middle ground between the strongly entrenched rights in the United State’s constitution and the United Kingdom where the British parliament remains supreme with a weak level of right entrenchment, making it perfect for the situation in Australia.

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.

On June of 1776, the Declaration of Independence was born. Drawn up by Thomas Jefferson and based on the works of John Locke, the general purpose of the document was to clarify that governments have conditional, not absolute authority over the people; that human beings possess natural rights that can’t be taken from them and government is created to protect those rights. The phrases “unalienable rights of life, liberty, and the pursuit of happiness” and “all men are created equal” were the main theme of the social contract written for the small colonies of what would be the basis of the United States of America to declare independence from Great Britain and its tyrannical king. However, “unalienable rights of life, liberty, and the pursuit of happiness” and “all men are created equal” did not apply to African Americans, enslaved or free for the coming years.

Currently, human rights in Australia are protected in different ways. Unlike most other similar liberal democracies, Australia has no Bill of Rights to protect human rights in one single document. Instead, some rights can be found in the Constitution, our common law and legislation which includes acts passed by the Commonwealth Parliament or State or Territory Parliaments.

The Universal Declaration of Human Rights, categories all human beings as free. Article one identify all human beings as born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article two states, Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust,

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

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

Australia has ratified some international human right treaties. These include the rights for women, children, and the disabled and other freedoms that should be granted under a democratic society . Furthermore, one of the ratified treaties contain freedom from torture as stated

Ever since the 1970s Australia has welcomed people from all cultures and prides itself of being a multicultural nation. It is now one of the most culturally diverse countries on the planet with almost half of all Australians either born overseas or have at least one parent who was. The basic norms that make a multicultural society like Australia's possible are human rights. They are the standards that guide interactions between people which encourage mutual respect and equality. However there are groups and individuals in Australia who deviate away from these norms and do not treat those from other cultures with the respect and dignity they are entitled to.

The legal constitution of Australia was developed by the multiple principles of the British and the United States of America1. However, a major factor that was eliminated from these principles was the notion of the Bill of Rights. The Bill of Rights main purpose is to affirm, protect, promote human rights and fundamental freedoms1. Australia does not have a Bill of Rights, since it has been ascertained that the citizens of Australia are protected by common law and legislation2. It is highly asserted that parliamentary representatives protect the rifhts of the citizens of Australia and a Bill of Rights would ultimately “distort our system of government by giving unelected judges too much influence over how our democracy develops”2. However, not adopting a Bill Of Rights in this day and age could be quite detrimental to Australia’s society, with the ever increasing acts of terrorism and national security.

The core UN human rights treaty is the Universal Declaration of Human Rights (UNDHR) and Australia has been a party since 1948. Yet, Australia has breached several of the articles contained in the UNDHR. For instance, article 9 of the UNDHR dictates that no individual should be subjected to arbitrary arrest, detention or exile. Australia is directly breaching this right by detaining asylum seekers in offshore processing centres, allowing no freedom of movement and no time frame as to when their assessments will be processed, thus forcing vulnerable individuals to spend lengthy periods of time in detention (Human Rights Law Centre, 2016). Australia’s bid for a seat on the Human Rights Council this year has received much criticism as Australia’s reputation for upholding human rights is tarnished by its offshore detention and boat turn-back policies, breaching international human rights law over forty times (Joseph, 2015). Although no sanctions have been implemented against Australia, the likelihood of earning a seat

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.