All humans are entitled to some fundamental privileges and protections simply because of their humanity. They are essential to people's perceptions of justice, pleasure, and value. When applying these rights, there is no discrimination based on nationality, race, gender, religion, or any other aspect; they are universal, inalienable, and indivisible.
Several international treaties, conventions, and declarations lay the foundation for human rights as a body of law. Cornerstone international treaties include the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and other regional human rights accords, such as the African Charter on Human and Peoples' Rights and the European Convention on Human Rights.
Human Rights Law is crucial in Australia, guiding the legal system and government policies to protect and promote human rights. While Australia lacks a comprehensive bill of rights, several laws and acts, like the Australian Human Rights Commission Act of 1975 and the Racial Discrimination Act of 1975, address specific human rights issues. The courts also interpret and apply international human rights treaties to cases where applicable.
All humans are entitled to some fundamental privileges and protections simply because of their humanity. They are essential to people's perceptions of justice, pleasure, and value. When applying these rights, there is no discrimination based on nationality, race, gender, religion, or any other aspect; they are universal, inalienable, and indivisible.
Several international treaties, conventions, and declarations lay the foundation for human rights as a body of law. Cornerstone international treaties include the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and other regional human rights accords, such as the African Charter on Human and Peoples' Rights and the European Convention on Human Rights.
Human Rights Law is crucial in Australia, guiding the legal system and government policies to protect and promote human rights. While Australia lacks a comprehensive bill of rights, several laws and acts, like the Australian Human Rights Commission Act of 1975 and the Racial Discrimination Act of 1975, address specific human rights issues. The courts also interpret and apply international human rights treaties to cases where applicable.
In Australian law, several human rights protections are enshrined through various acts and legislation. These include:
The right to freedom of speech and expression (implied in the Australian Constitution)
Protection against discrimination based on race, sex, age, and disability (Racial Discrimination Act, Sex Discrimination Act, Age Discrimination Act, Disability Discrimination Act)
The right to privacy (recognisable through common law and implied in the Australian Constitution)
The right to seek asylum and protection as a refugee (Migration Act, 1958)
Australia acknowledges the rights of Indigenous peoples through various legal instruments, including the Native Title Act 1993. It aims to address issues related to land rights, self-determination, and cultural preservation.
Human rights may be limited or restricted under certain circumstances, provided such limitations are reasonable, proportionate, and necessary to protect other individuals' rights or the broader community's interests. Restrictions are often imposed to safeguard public safety, national security, or order.
International Human Rights Law becomes applicable in Australia through the principle of incorporation. When Australia ratifies an international treaty, it assumes an obligation to implement its provisions into domestic law. However, not all treaties are directly incorporated; some may require specific enabling legislation to be fully effective. The courts interpret and apply these international treaties in cases brought before them.
Human Rights lawyers play a pivotal role in advocating for human rights, seeking justice for victims of human rights violations, and holding perpetrators accountable. They engage in litigation, policy development, research, and awareness campaigns to protect and promote human rights
Gender equality is a central tenet of Human Rights Law. International treaties like the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Beijing Declaration and Platform for Action emphasise gender equality. In Australia, the Sex Discrimination Act provides legal protections against gender-based discrimination. Human Rights Law addresses gender-based violence, unequal pay, and discrimination to create a more equitable society.
Individuals can advocate for human rights by becoming informed about human rights issues, raising awareness in their communities, supporting human rights organisations, and engaging in peaceful activism. Writing to elected representatives, participating in public demonstrations, and utilising social media platforms to amplify human rights causes are effective ways to advocate for positive change
