Human rights are the rights and freedoms that are inherent to any member of the human race. Human rights were developed to protect the dignities and freedoms of people regardless of their race, religion, gender, etc. What is the UN's role? The UN writes international treaties designed to protect human rights such as the UNHDR, ICCPR, CROCC etc.. ARE UN TREATIES LEGALLY ENFORCEABLE? UN treaties aren't enforceable in court. They only become enforceable once they're ratified into domestic legislation. Eg. Convention on Racial Issues has been put into the Racial Discrimination Act 1975 (Cth.) Refugee Convention: not enforced What are the sources of rights in Australia The constitution has 5 express rights. Some implied. Can be enforced in HCA. Common law rights, developed by courts over many years. Overridden by statue law if in conflict. Statutory rights: anti-discrimination laws (state and federal) Eg. Sex Discrimination Act 1984 (Cth), Anti-Discrimination Act 1992 (Qld). Can be contravened by other laws. Don't have to abide by rights (other than the ones in the constitution). Human rights in Australia are: incomprehensible, no single document outlining basic rights. Unclear, confusing. Breaking rights: contravene, breach, taking away, withholding Are there any examples of how rights are breached in Australia? VLAD: breach freedom of association, equality before the law Counter terror laws: equality before law, due process and privacy etc. NT Intervention: racial discrimination Are there any legal avenues to address legislation that contravenes rights? Not really: unless a law breaches Constitution there's nothing we can do. (Other than pressuring politicians & voting them out) QLD: is especially questionable/vulnerable due to the unicameral parliament system What is a bill of rights and why do countries have them? Single document, sets out universal type basic rights: clear, shows we care about certain rights etc. All Western democracies have one, except Australia. What are the pros and cons of a statutory BOR?
Pros
Cons
Easy to pass (normal act of Parliament)
Democratic Can be amended easily if needed Polticians have more power than judges
High Court cannot invalidate laws that are
inconsistent with BOR: send meme Politicians have more power than judges
What are the pros and cons of a constitutional BOR?
Pros Cons Very strong: parliament can't take away Can be enforced in high courts gives power to judiciary
Hard to change: need referendum
gives power to judiciary difficult to ensure rights are timeless
Human rights watch article:
rights are hard to change once passed as legislation, must be amended by federal parliament it lists human rights breaches in australia news.com article: listing rights breaches,,,, lame since I only need to know about VLAD...