LAW 1504 Lecture Notes - Lecture 11: United Nations Human Rights Committee, Joint Parliamentary Committee, Racial Discrimination Act 1975

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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.

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