Conventions/ Covenants Flashcards
Magna Carta 1215
Guarentees:
- no one above the law
- everyone has right to fair trial
- all born equal and free
Consequence: shaped democratic principles such as representative gov (s7+24)- members must be chosen by the people
International Covenant on Civil and Political rights
civil rights: rights and liberties of all people
Political rights: rights relating to citizenship
Key features:
- self determination
- everyone should be treated equal and parties must legislate provisions to protect this right
- right to life (no torture/ slavery), freedom from arbitrary arrest/ detention, procedural fairness/ trial, free religion, movement, thought, speech, assembly, association
- establishes HRC to monitor
- ICCPR not to interfere with UN
International covenant on economic, social and cultural rights
Key features
- right to self determination
- rights recongnised witho0ut discrimination and steps to ratify
- economic, social and cultural rights (work, fair/ just working conditions, social security, standard of living (food, clothing, housing), health, education
- reporting and monitoring
- ratification, enforcement, amendment process
Convention relating to the status of refugees and protocol relating to the status of refugees
Refugees: someone owing to a well-founded fear of persecution for race, religion, nationality, social group, political opinion, who is outside their country of nationality and is unwilling or unable to avail himself of the protection of that country.
Principle of non-refoulment: countries not to send refugees back where they fear persecution
Issues (Aus): Migration act- offshore processing/ detention
- Australia obligated to ratify with terms in legislation
The convention on the rights of people with disabilities
Sets out fundamental human rights of people with disabilities.
Disability discrimination act:
unlawful to discriminate against someone for having a disability in
- employment, education, accomodation, land, membership, provision of goods and services, access to infrastructure
Administered by the AHRC who has the ability to investigate and conciliate discrimination complaints and grant exceptions to not follow the provisions of the act.
Convention on the rights of the child
- the best interests of the child shall be a primary concern
- ensure the child such protection and care necessary for their wellbeing
- right to life
- ensure child’s survival and development
- assure child (capable of forming own views) the right to express those views in all matters affecting them
Issues for Aus:
- Family law act: best intrests of the child are primary consideration
- certain groups of children face barriers to opportunity to enjoy their rights and reach thier full potential:
- First Nations children
- asylum seekers and refugees
- children with a disability
- LGBTQ+ children
International Convention on the Elimination of All Forms of Racial Discrimination
Article 1 defines racial discrimination as being, …any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin
Article 2 condemns racial discrimination, obliges parties to pursue a policy that eliminates racial discrimination
Article 3 condemns apartheid and racial segregation
Article 4 prohibits incitement of racial hatred (Australia made a reservation against this article),
Article 5 concerns equality before the law. The article describes a number of specific political, civil, social, economic and cultural rights.
Article 6 obliges parties to provide effective protection and remedies for any act of racial discrimination
Issues for Australia:
* recognition of Aboriginal and Torres Strait Islanders as First Nations Peoples and addressing the disproportionate outcomes suffered by Indigenous peoples in the criminal justice system,
* providing greater support for the Australian Human Rights Commission (AHRC) to increase its effectiveness,
* appointing a Race Discrimination Commissioner and reviewing its mandatory detention regime.
* an increase in expressions of racism, racial discrimination and xenophobia in the pubic sphere;
* the low number of racial discrimination cases brought before the courts (with cost and the burden of proof attributing to this number);
* offshore processing continuing to exist;
* the number of unresolved claims to land of Indigenous peoples.
Racial Discrimination Act 1975 (Cth)
* incorporates Australia’s treaty obligations into Australian law
* make discrimination on the basis of race, colour, descent or national or ethnic origin, unlawful; and provide protection against racial hatred.
Convention on the Elimination of All Forms of Discrimination against Women
Key Features: purpose is to set out steps to eliminate discrimination against women.
Article 7: Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life
Article 8: opportunity to represent their governments at the international level and to participate in the work of international organizations.
Article 9: women equal rights with men to acquire, change or retain their nationality
Article 10: equal rights in education
Article 11: eliminate discrimination against women in the field of employment
Article 12: discrimination against women in the field of health care
Article 13: eliminate discrimination against women in other areas of economic and social life
Article 15: women equality with men before the law
Article 16: eliminate discrimination against women in all matters relating to marriage and family relations
Optional Protocol allows individuals to complain to a committee about a situation where they believe their rights have been violated. It also gives the Committee the power to investigate claims by conducting an inquiry.
Issues for Australia: women and girls continue to experience inequality and discrimination, which can limit the choices and opportunities available to them
Sex Discrimination Act 1984 (Cth)
Gives partial effect to Australia’s obligations under CEDAW. Australia committed to:
* Incorporate the principle of equality in the legal system, abolish discriminatory laws and establish new laws prohibiting discrimination
* Establish formal processes to protect women from discrimination; and
* Eliminate discrimination by individuals and organizations
The SDA prohibits
* sex discrimination and harassment
* discrimination on the basis of sex, gender identity, intersex status, sexual orientation, marital or relationship status, family responsibilities, because they are pregnant or might become pregnant or because they are breastfeeding
It Protects discrimination in a number of areas including e.g., employment, education, getting or using services, or renting or buying a house or unit
* Exemptions: there are a number of exemptions to discrimination e.g., s37 religious ordinations
