Zantico
Member
- Joined
- Apr 10, 2008
- Messages
- 33
- Gender
- Male
- HSC
- 2009
[If anyone could give me any tips/advice it would be great, and maybe what mark you'd give it out of 15 =s. im really stressing on this first assignment(this is only the first part). Questions Are
[1.define human rights in the context of contemporary society and discuss the purpose and signifcance of the 'declaration of human rights' in promoting human rights globally-5marks
[2. explain how human rights are recognised and enforced under australian law-10marks
Human rights are a series of the basic rights and freedoms incorporated into a body of international law in which states accept it as a “prerequisite for people’s enjoyment of a life based on human dignity.” Human rights are said to follow the conditions of being Universal (applying to everyone), indivisible (equally important), inherent (belong to all everyone on the basis of being human) and inalienable (can’t be taken away).
Human rights are achievable through the following of United Nation’s “Declaration of Human Rights (UDHR)” in which the UDHR creates a standard for member states to adhere to and ratify into their domestic law. The declaration of human rights is effective as it recognises standards of all people without discrimination and follows the fundamental freedoms of religious, cultural and ideological factors of its member states.
The UDHR was the basis for the creation of many covenants such as the International Covenant on Civil and Political Rights (ICCPR), this sparked further influence on recognising lesser minorities such as rights of children (1959) and people with disabilities (1975). The UDHR is however not applicable to member states unless ratified therefore making it unenforceable
Australia, unlike other countries i.e. Canada, New Zealand, does not have a bill of rights which outlines the rights of a citizen. Human Rights are however protected and enforced under Common law, Statute Law and parts of the Constitution. Human rights were originally wholly reliant on common law and collective rights to protect individuals but overtime there has been an increased amount of statute law in replacement of a common law decision Native title Act 1993(Cth[/I
The Australian Constitution is very limited in it’s protection of human rights only protecting a small few with its ability to add more requiring it to be voted through a referendum. The rights included in the Constitution include, right to Vote (s40), Right to a trial by a jury for serious offences (s80) and Right to freedom of religion (s116
Through Common Law, human rights such as land rights, a fair trial, free speech and privacy are protected implicitly by a judge/magistrate’s decision. Additionally, judges are also able to appeal to international human right obligations in which Australia has ratified as it presumed that Australia will keep to international commitments. Common law however has many disadvantages, this is evident through R v Mcinness (1979) in which the accused was not protected by a trained legal counsel. Common law is extremely limited in that it is at any time easily reversed by legislation and overruled by parliament decisions. Human rights can however be enforced through a judge’s compliance with signed treaties into judgements. It is through the incorporation of international law that judges are able to make it into domestic law, this is evident in Minister for Immigration and Ethnic Affairs v Teoh (1995) in which a judge adhered International law to create a judgement
Through Statue Law, human rights are protected through the signing of international conventions/treaties by Australia and its ratification into law at the domestic level. Statue law is the main way human rights are recognised in Australia and can be seen through
Administrative Law: The prevention of abuse of power at a higher level of the legal hierarchy
Anti-Discrimination Law: The attitudes of equity in Australian society which covers all forms of discrimination in areas to avoid preference in employment and access to different aspects of the law/life.
Criminal Law: The establishment of the rights a criminal/accused, Evident through the ratification of the International Covenant on Civil and Political rights(1980) which establishes concepts of fair trial and public hearing.[/In addition to this, the creation of bodies such as the Human Rights and Equal Opportunity Commission (Cth) was established to examine specific cases in which human rights have violated, and to make recommendations in areas of change
[1.define human rights in the context of contemporary society and discuss the purpose and signifcance of the 'declaration of human rights' in promoting human rights globally-5marks
[2. explain how human rights are recognised and enforced under australian law-10marks
Human rights are a series of the basic rights and freedoms incorporated into a body of international law in which states accept it as a “prerequisite for people’s enjoyment of a life based on human dignity.” Human rights are said to follow the conditions of being Universal (applying to everyone), indivisible (equally important), inherent (belong to all everyone on the basis of being human) and inalienable (can’t be taken away).
Human rights are achievable through the following of United Nation’s “Declaration of Human Rights (UDHR)” in which the UDHR creates a standard for member states to adhere to and ratify into their domestic law. The declaration of human rights is effective as it recognises standards of all people without discrimination and follows the fundamental freedoms of religious, cultural and ideological factors of its member states.
The UDHR was the basis for the creation of many covenants such as the International Covenant on Civil and Political Rights (ICCPR), this sparked further influence on recognising lesser minorities such as rights of children (1959) and people with disabilities (1975). The UDHR is however not applicable to member states unless ratified therefore making it unenforceable
Australia, unlike other countries i.e. Canada, New Zealand, does not have a bill of rights which outlines the rights of a citizen. Human Rights are however protected and enforced under Common law, Statute Law and parts of the Constitution. Human rights were originally wholly reliant on common law and collective rights to protect individuals but overtime there has been an increased amount of statute law in replacement of a common law decision Native title Act 1993(Cth[/I
The Australian Constitution is very limited in it’s protection of human rights only protecting a small few with its ability to add more requiring it to be voted through a referendum. The rights included in the Constitution include, right to Vote (s40), Right to a trial by a jury for serious offences (s80) and Right to freedom of religion (s116
Through Common Law, human rights such as land rights, a fair trial, free speech and privacy are protected implicitly by a judge/magistrate’s decision. Additionally, judges are also able to appeal to international human right obligations in which Australia has ratified as it presumed that Australia will keep to international commitments. Common law however has many disadvantages, this is evident through R v Mcinness (1979) in which the accused was not protected by a trained legal counsel. Common law is extremely limited in that it is at any time easily reversed by legislation and overruled by parliament decisions. Human rights can however be enforced through a judge’s compliance with signed treaties into judgements. It is through the incorporation of international law that judges are able to make it into domestic law, this is evident in Minister for Immigration and Ethnic Affairs v Teoh (1995) in which a judge adhered International law to create a judgement
Through Statue Law, human rights are protected through the signing of international conventions/treaties by Australia and its ratification into law at the domestic level. Statue law is the main way human rights are recognised in Australia and can be seen through
Administrative Law: The prevention of abuse of power at a higher level of the legal hierarchy
Anti-Discrimination Law: The attitudes of equity in Australian society which covers all forms of discrimination in areas to avoid preference in employment and access to different aspects of the law/life.
Criminal Law: The establishment of the rights a criminal/accused, Evident through the ratification of the International Covenant on Civil and Political rights(1980) which establishes concepts of fair trial and public hearing.[/In addition to this, the creation of bodies such as the Human Rights and Equal Opportunity Commission (Cth) was established to examine specific cases in which human rights have violated, and to make recommendations in areas of change
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