Flashcards in 2.3 Australia's incorporation of HR into domestic law: Criminal law, media, NGOs Deck (16):
How does international law protect the rights of criminals?
Through the ICCPR
What does the concept of est beyond reasonable doubt do??
Establishes essential rights for the defendant
What do VIS do?
enable victims to exercise some rights
What does the Criminal Injuries Compensation Act do?
Allows victims to get some compensation
What is a violation of CROC with regard to the criminal justice system?
In some states, juveniles and adults are detained in the same prison
What could be regarded as the most important aspect of natural justice?
The right to a fair hearing guarantees that people can't be accused of committing offences they didn't committ
What are some NGOs that have a HR focus in Australia?
1. HR Council of Australia
2. Civil Liberties Australia
3. Refugee Council of Australia
4. Amnesty International Australia
What is a +ve way that the media can bring HR issues to the general public?
How can the media promote issues of HR abuses?
by covering conditions under which aboriginal people live, eg. SBS doco 'First Contact'
Covering the plight of some asylum seekers that are detained/perished at sea
How can the media in Australia negatively impair HR?
Reporting of 'boat people' queue jumping immigration, eg. 'Powerless to stop an invasion of boat people' (Daily Telegraph, 2010)
Whilst the media can be effective promoters of HR what is their difficulty?
Enforcing HR. They have no legal power to enforce HR law
What does the media play a vital role in and how?
the “naming and shaming” of governments and human rights violators by exposing instances of human rights abuse and helping about to bring change. The media has a significant influence on public opinion and government action.
What is not enshrined in the law?
The rights of Australian reporters to disseminate information and the right of the public to receive information and the right of the public to receive information are not enshrined in law. But we do have freedom of information acts.
In Australia is there a general right to freedom of speech?
No, but freedom of political communication is protected by the Constitution
Considering the fact that there is no general right to freedom of speech to what extent to the media and reporters have freedom?
Australia is ranked one of the top countries in the world for media freedom and Australian reporters.