International and Domestic Laws

Question 1

The Convention on the Elimination of All Forms of Discrimination against Women is ratified in Australia by which domestic legislation?

Answer 1

The Sex Discrimination Act 1984 (Cth), which makes it unlawful to discriminate on the basis of sex, marital or relationship status, actual or potential pregnancy, sexual orientation, gender identity, intersex status or breast feeding in a range of areas of public life. There are some exceptions to the Act such as single sex schools, competitive sport, shared accommodation and equal opportunity measures (rules that benefit women).

Question 2

Explain the role of the International Covenant on Economic, Social and Cultural Rights in protecting Human Rights in Australia.

Answer 2

The ICESCR is a multi-lateral treaty that aims to protect rights such as the right to work, minimum wage, the right to form unions, an adequate standard of living, education, freedom from forced marriage, freedom of cultural life, etc. Despite being ratified, the Covenant has not been fully incorporated into domestic law in Australia.

Question 3

What does it mean for a Treaty to be ratified?

Answer 3

Ratification is when a State indicates its intention to be legally bound by a treaty and permits domestic law to be made that enforces the treaty. Many international treaties such as the ICCPR have been ratified but not yet incorporated into domestic law.

Question 4

What are the 7 core treaties?

Answer 4

1. International Covenant on Civil and Political Rights
2. International Covenant on Economic, Social and Cultural Rights
3. International Convention on the Elimination of All Forms of Racial Discrimination
4. Convention on the Elimination of All Forms of Discrimination against Women
5. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
6. Convention on the Rights of the Child
7. Convention on the Rights of Persons with Disabilities

Question 5

List three rights that children have under the Convention on the Rights of the Child.

Answer 5

1. Protection of privacy,
2. Access to education,
3. Access to information
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Question 6

List three protections that people with disabilities have under the Convention on the Rights of Persons with Disabilities and which Act incorporates them in Australian domestic law.

Answer 6

The Disability Discrimination Act 1992 (Cth) provides for the following protections from the Convention on the Rights of Persons with Disabilities:
1. Accessibility, to ensure their full participation in all aspects of life
2. Prohibition of discrimination on the basis of disability in regard to work
3. Promotion of the equal rights of persons with disabilities and raising awareness and acceptance in the community
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Question 7

Which international convention does the Racial Discrimination Act 1975 (Cth) relate to and what rights does it protect?

Answer 7

The RDA relates to the International Convention on the Elimination of All Forms of Racial Discrimination and protects the right to not be discriminated against on the basis of race, colour, descent, national or ethnic origin.

Question 8

Which international convention protects the right to a fair trial?

Answer 8

International Covenant on Civil and Political Rights

Question 9

Which three international treaties make up the International Bill of Human Rights?

Answer 9

1. The Universal Declaration of Human Rights
2. The International Covenant on Civil and Political Rights
3. The International Covenant on Economic Social and Cultural Rights

Question 10

List 3 protections that the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides.

Answer 10

1. No State Party shall expel, return, or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.
2. Each State Party shall ensure that all acts of torture are offences under its criminal law.
3. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible.
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Question 11

Explain three features of a convention with an example.

Answer 11

1. Preamble
2. Parts
3. Articles

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has a preamble that describes the nature of the convention and the obligation it imposes on signatory States. It has three parts: Part 1 outlines the protections it provides, Part 2 establishes the Committee Against Torture, and Part 3 outlines the functions of signatures, ratification and accession to the convention and processes for disputes. Articles make up these parts and outline the specific rights and principles of the convention.

Question 12

Describe the Universal Declaration of Human Rights

Answer 12

The Declaration was proclaimed by the United Nations General Assembly in 1948 as a common standard of achievements for all peoples and all nations. It lists the fundamental rights that all persons are entitled to as humans.

Question 13

Explain how the Magna Carta helped to shape human rights today.

Answer 13

The Magna Carta established a range of freedoms and rights including trial by jury, outlawing arbitrary detention, and ensuring that there should be no taxation without representation.
Its principles have been incorporated into the common
law of many nations, and embodied in such momentous documents as the United States Declaration of Independence and Constitution, the Universal Declaration of Human Rights, and, of course, Australia’s own Constitution.