LAW 1504 Lecture Notes - Lecture 11: United Nations Human Rights Committee, Joint Parliamentary Committee, Racial Discrimination Act 1975
Principle of Public Law: Human Rights in
Australia
Emergence of Human Rights at National Level
• 13th century: Magna Carta : King subjected
to the law
• 1689 Bill of Rights : Whenever King does
anything has to consult Parliament
• 1789 French Declaration of the Rights of
Man and The Citizen
• 1791 US Bill of Rights : 1st 10
amendments
Emergence of Human Rights at International Law
• Charter of UN 1945
• Universal Declaration of Human Rights
1948
• International Covenant of Civil and
Political Rights 1966
• International Covenant of Social,
Economic and Cultural Rights 1966
• Many other treaties
Charter of UN
• Few reference to human rights and no
explanation as to what they are
UDHR (1948)
• Only morally binding
• Cannot ratify the UDHR
• Many parts become customary
international law
ICCPR-1st generation rights (western bloc)
ICSECR-2nd generation rights (communist bloc)
So far no binding treaties on 3rd generation rights;
collective rights- right to environment, right to
economic and social development
UDHR + ICCPR + ICESCR = International Bill
of Rights
Seven core treaties ratified by Australia
• ICCPR
• ICESCR
• Convention on the Elimination on all
forms of Racial Discrimination (Racial
Discrimination Act)
• Convention on the Elimination on All
Forms of Discrimination against Women
• Convention on the Rights of the Child
• Convention on the Rights of Persons with
Disabilities
• Convention against Torture and other
Cruel, Inhumane or Degrading Treatment
or Punishment
UN Treaty Bodies
Quasi Judicial Bodies –non biding conclusions
• Monitor state compliance through periodic
reviews and publish report cards
• Hear individual complaints
• Ex: the UN Human Rights Committee
(HRC), the UN Committee on Economic,
Social + Cultural Rights
2009 National Human Rights Consultation-
Recommendations
• Joint parliamentary committee on human
rights be established
• Statement of compatibility be attached to
all bills
• Need for better human rights education
• Federal Human Rights Framework-
rejected
• No federal bill of rights to be introduced
(no comprehensive protection of human
rights)
• More education
• Introduce scheme of ‘pre-legislative
scrutiny’
• Human Rights (Parliamentary Scrutiny)
Act 2011 (Cth)
• Establishes a new Parliamentary Joint
Committee on Human Rights
• Requires all new bills and delegated
legislation to be accompanied by a
statement of human rights compatibility
• Ensure policy and legislation are drafted in
line with Australia’s international human
rights obligations
2011 Universal Periodic Review Process
• Peer review by other states every 4 years
Australian Constitution
Few express rights
• 116-Freedom of religion
• 117-Freedom from discrimination on the
basis of state residence
• 80-Trial by jury
• 92- Freedom of interstate intercourse
• 51(xxxi)- Acquisition of property on just
terms
Structural Protection in the Constitution
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Document Summary
Emergence of human rights at national level: 13th century: magna carta : king subjected to the law, 1689 bill of rights : whenever king does anything has to consult parliament, 1789 french declaration of the rights of. Man and the citizen: 1791 us bill of rights : 1st 10 amendments. Emergence of human rights at international law: charter of un 1945, universal declaration of human rights. Economic and cultural rights 1966: many other treaties. Charter of un: few reference to human rights and no explanation as to what they are. Udhr (1948: only morally binding, cannot ratify the udhr, many parts become customary international law. So far no binding treaties on 3rd generation rights; collective rights- right to environment, right to economic and social development. Udhr + iccpr + icescr = international bill of rights. Icescr: convention on the elimination on all forms of racial discrimination (racial. Discrimination act: convention on the elimination on all.