domestic measures of HR

Question 1

what system does australia follow

Answer 1

dualist system : a legal system that does not deem treaties enforceable domestically until and unless they are incorporated into domestic law, usually by-passing similar legislation.

• Since Australia follows a dualist system, the rights and obligations of the treaty need to be incorporated into Australian law in some way. Parliament usually passes legislation that echoes the words of the treaty or amends existing laws.

Question 2

what is A v Australia about

Answer 2

The amount of application international law has open domestic measures of HR

-Mr A arrived on a boat from Cambodia1989 seeking refugee status in Australia. He was detained for four years while his status as a refugee was being determined. Mr A complained that his rights to liberty and security of person were violated by the Australian federal government. The UNHRC agreed that Mr A’s rights were violated under Article 9 of the ICCPR. However, Australia rejected the finding and argued that the UNHRC was wrong. UNHRC could not do anything about it

Question 3

what is the role of the constituion and how is it separated

Answer 3

The Constitution is a set of rules by which a country or state is run. they are often separated into 3 powers : exclusive, residual and concurrent

Question 4

what is the difference between exclusive, residual and concurrent

Answer 4

exclusive : powers held by fed gov

Residual : powers held by state gov

Concurrent : power shared

Question 5

the federal government/exclusive sector has powers over..

Answer 5

international affairs and the have the power to ratify HR agreements themselves to enact legislation

Question 6

the aus federal gov has agreed to uphold HR stds set out in treaties/declarations. they have obliged to :

Answer 6

ICCPR
ICESCR
CROC
CEDAWW
CRPD

Question 7

what is the separation of powers

Answer 7

refers to the division of powers in government into three institutions. - legislature, executive, judiciary

Question 8

why is the separation of powers important

Answer 8

it maintains basic civil & political rights are protected & that no arm can hold too much power (protecting rule of law)

Question 9

australia’s constitution covers..

Answer 9

implied rights rather than expressed as seen thro bill of rights.. a referendum needed to change law, being both a pro/con

Question 10

what is common law and how is it created

Answer 10

The common law in Australia is the body of law made by judgments of the courts.

Question 11

what is the disadvantage behind common law

Answer 11

the common law does not offer absolute protection of human rights, because common law **rights are not fixed **

the common law can be removed by any Act of parliament, because any legislation that conflicts with the common law position overrides that common law position.

The common law cannot be relied upon to develop new rights, as judgments will only define those rights on a case-by-case basis, and when a relevant matter is brought before a court.-

Establishment of precedent (creating legal definition of any human right within Australia) makes it easier for all future human rights cases to be complied with as existing legislation did not cover definition of slavery. (compliance, enforcement)

Question 12

what are 4 cases exhibit the extent of common law

Answer 12

dietrich v the queen, mabo case, toonen case, abdulrahman v Toll ptyltd

Question 13

what occurs in the dietrich v the queen case

Answer 13

In McInnes v The Queen (1979), it was found that there was no right to legal representation in Australia despite the fact that those with representation have a much greater chance of being acquitted. However, in the case of Dietrich v The Queen (1992), it was decided that, in a serious matter, a case could be delayed indefinitely until an accused person acquired legal aid.

Question 14

what is the mabo case

Answer 14

The Mabo case of 1992 is an important case in the recognition of human rights in Australia. This case established for the first time that Aboriginal and Torres Strait Islander peoples have rights to some lands in Australia.

Question 15

what is the toonen case

Answer 15

Nicholas Toonen complained to the UNHRC about Tasmania’s criminal laws which made homosexuality illegal. Toonen claimed the laws interfered with his right to privacy and non-discrimination. The UNHRC agreed with Toonen. The federal parliament responded to the UNHRC’s findings by passing the Human Rights (Sexual Conduct) Act 1994 (Cth) in an attempt to override Tasmania’s laws.

Question 16

in what case did the ADT tribunal assist in HR recognition

Answer 16

Abdulrahman v Toll Ptyltd

Mohamed Abdulrahman’s first name was too difficult for his colleagues, so they called him names such as “bombchucker” and “osama bin laden”.

The Administrative Decisions Tribunal upheld his complaint of illegal race discrimination this week, finding he was repeatedly mocked in his work because of his race.
The Administrative Decisions Tribunal had awarded him damages of $25,000.

Question 17

what is the main tribunal in domestic aus

Answer 17

The NSW Administrative Decisions Tribunal (ADT),

Question 18

what is an independent national body recognised in aus

Answer 18

Aus human rights commision

Question 19

what does the AHRC deal w

Answer 19

mainly with alleged violations of the Racial Discrimination Act 1975 (Cth) and the Sex Discrimination Act 1984 (Cth), but to also report and deal with human rights generally

Question 20

whats an example of the AHRC having a fundamental role in aus HR

Answer 20

, in 1997 it conducted an inquiry into the separation of indigenous children from their families (known as the Stolen Generations). The AHRC’s report, Bringing Them Home, recommended that the Australian Government make an apology to the victims. This recommendation was ignored for over a decade by the Coalition government. However, in February 2008, a landmark apology to the Stolen Generations was made by the former Labor Prime Minister, Kevin Rudd.

Question 21

what powers does the high court have

Answer 21

the High Court has the power to set precedents that are binding on other courts and to overturn state or Commonwealth legislation where it conflicts with the Constitution. case including high court would be - croome v tasmania

Question 22

why do NGOS play a fundamental role in aus

Answer 22

vital role in researching and reporting on human rights issues, making submissions to state and Commonwealth parliaments or law reform bodies on human rights,

Australian NGOs are important in -protecting individuals’ rights
-shaping public and political opinion -exposing violations of human rights by governments and individuals.

Question 23

what is an example of an NGO for aus

Answer 23

the NSW council for civil liberties- which comments on developments affecting civil rights

Question 24

whats an example of media playing a role in HR for aus

Answer 24

the documentary called saved was aired which brought awareness to human trafficking in thailand

highly accessable n educational yet not enforcable just encouraging