rights of australians in criminal and civil context

Question 1

1. right to free speech

Answer 1

freedom of speech is one of the most fundamental of all freedoms in a free and democratic society, its an implied right within the Constitution. 2 elements to the right: freedom of opinion (right to communicate opinions and ideas without fear of censorship), freedom of expression (right to express opinion, posting on internet, urging violence)

Question 2

2. right to protest and freedom of assembly

Answer 2

entails safe rallying that maintains public safety, order and the protection of others rights and freedoms. under qld law, assemblies must be authorised by police and other relevant local authorities through notice of intention and permission

Question 3

article 21 iccpr

Answer 3

The right to peaceful assembly shall be recognised. no restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, protection of public health or morals

Question 4

article 22 iccpr

Answer 4

Everyone should have the right to freedom of association with others, and no restrictions may be placed on the exercise of this right

Question 5

3. Freedom from discrimination

Answer 5

the federl, state and territory governments have introduced a number of laws to protect people from discrimination and harassment, primarily through the Anti-Discrimination Act

Question 6

4. freedom to democratic representation

Answer 6

based on the principle of representative government (people elect others to represent their beliefs, and attitudes in parliaments and local councils). seen in the Constitution of s 7 and 24. We have a system of universal suffrage which is the right for almost all adults to vote in political elections and all people entitled must do so

Question 7

5. freedom of religion (express right)

Answer 7

the federal parliament are proibited from enacting laws establishing any religion, imposing any religious observance or prohibiting the free exercise of any religion, and prevents the office or public trust. It is illegal to discriminate against a person based on religious belief or activity under the Anti-discrimination Act

Question 8

6. right to trial by jury

Answer 8

right is only applied for indictable offences that are heard in superior courts, and is a limited right

Question 9

civil rights

Answer 9

a class of rights that protect individuals freedom from infringement by governments, social organisations and private individuals

Question 10

federal human rights protections

Answer 10

human rights are protected by legislation that has been ratified by Australia’s obligations under international law. the federal parliament implemented the human rights act to ensure that all bills have a statement of compatibility