Human Rights Treaties
What does UDHR stand for?
Universal Declaration of Human Rights.
Does Australia have a single, comprehensive national Bill of Rights?
No.
What is a legal precedent?
A legal principle from an earlier case that a court may be required or permitted to follow.
What does AHRC stand for?
Australian Human Rights Commission.
What is law reform?
Changing existing laws or introducing new laws to address problems or improve the legal system.
In what year was the UDHR adopted?
1948.
Name two ways human rights are protected under Australian law.
Constitutional provisions, legislation and common law. Any two.
Which Australian case is associated with the implied freedom of political communication?
Australian Capital Television Pty Ltd v Commonwealth (1992), alongside Nationwide News Pty Ltd v Wills (1992).
Name one function of the AHRC.
Investigating and conciliating certain discrimination complaints, promoting human rights or providing education and advice.
Name one legal alternative that could improve human rights protection in Australia.
Introducing a national Human Rights Act, amending legislation or strengthening oversight mechanisms.
What are the two main treaties that, alongside the UDHR, form the International Bill of Human Rights?
ICCPR and ICESCR.
Which section of the Australian Constitution protects freedom of interstate trade and intercourse in certain circumstances?
Section 92, which protects interstate trade, commerce and intercourse from specified restrictions.
What did Roach v Electoral Commissioner (2007) examine?
Restrictions on voting rights for prisoners under Commonwealth electoral law.
What is the difference between conciliation and litigation?
Conciliation aims to help parties reach an agreement; litigation involves resolving a dispute through a court or tribunal process.
What is the role of parliamentary committees in human rights scrutiny?
They can examine legislation, investigate issues and make recommendations to Parliament.
What is the difference between the ICCPR and ICESCR?
The ICCPR protects civil and political rights; the ICESCR protects economic, social and cultural rights.
What does section 116 of the Constitution protect?
Certain freedoms concerning religion, including limits on Commonwealth laws establishing a religion or prohibiting its free exercise.
What principle is associated with Dietrich v The Queen (1992)?
An indigent accused facing a serious criminal charge may, in some circumstances, be entitled to a stay of proceedings if unrepresented through no fault of their own and a fair trial cannot otherwise be ensured.
Can the AHRC generally make binding court orders awarding compensation when it investigates a complaint?
awarding compensation when it investigates a complaint?
No. It can investigate and attempt conciliation, but it does not exercise the general judicial power to make binding compensation orders.
Give one advantage and one disadvantage of introducing a national Human Rights Act.
Advantage: clearer protection and scrutiny of rights. Disadvantage: potential uncertainty about interpretation, institutional roles or implementation, depending on its design.
Why does ratifying an international human rights treaty not automatically make every treaty provision enforceable in Australian domestic courts?
Australia generally must incorporate treaty obligations into domestic law for them to be directly enforceable as domestic legal rights.
Explain one limitation of Australia's constitutional protection of human rights.
Many rights are not expressly protected by the Constitution, and some protections are narrow or apply only to Commonwealth action.
Why is Mabo v Queensland (No 2) (1992) significant to rights in Australia?
It rejected the doctrine of terra nullius as applied to land title and recognised native title under Australian common law.
What is one pathway available when a federal discrimination complaint cannot be resolved through AHRC conciliation?
The complainant may be able to apply to the Federal Court or Federal Circuit and Family Court of Australia under the relevant legislation.
Explain how a Human Rights Act could change the way proposed laws are assessed in Australia.
It could require compatibility statements, parliamentary scrutiny and interpretation of legislation consistently with protected rights where possible, depending on the Act's design.