protection of rights through statute law Flashcards
Rights protected under statute law
- the right to privacy
- the right to security of person
- the right to freedom from discrimination
- the right to vote
The right to privacy
Various Acts regulate the use, storage and disclosure of private information by the government and by private organisations
The right to security of person
Many Acts protect the right of Australian citizens to feel secure and safe
- include legislation that defines and prohibits crime, outlines minimum and maximum sanctions for criminal offenders, and aims to prevent and reduce the risk of terrorism
The right to freedom from discrimination
A range of Acts protect individuals from being discriminated against on the basis of race, religion, ethnicity, sex, age and disability in areas including the workplace, schools and sporting and religious organisations
The right to vote
One commonwealth Act protects the rights of Australian citizens to vote in elections
- one Victorian Act protects Victorians
What does parliament have the power to do as the supreme law-making body?
Parliament can pass legislation to change an existing right that is protected by statute law
International treaties and conventions
The commonwealth has signed many international treaties where it promises to uphold a range of rights
What is the process of signing a treaty?
After signing a treaty, legislation must then be passed in Australia to ratify the treaty and protect the rights in Australia
External Affair Powers of the commenwealth
The commonwealth, as per the constitution, has ‘External Affairs Powers’ to legislate in areas that relfects an international treaty
The Victorian Charter of Human Rights and Responsibilites
- the Act sets out basic rights, freedoms and responsibilities of the Victorian people
- it requires many government agencies to ensure they comply with and uphold the charter
Basic rights that belong to the Victorian people
- the right to life
- the right to protection from torture and cruel, inhumane of degrading treatment
- freedom of movement
- freedom of thoughts, conscience, religion and belief
- the right to take part in public life
Rights that ensure the legal system achieves justice
- the right to recognition and equality before law
- the right to a fair hearing
- the right to not be tried or punished more than once
The right to recognition and equality before law
Every person must be regarded as equal before the law, is entitled to the equal protection of the law without discrimination, and has the right to equal and effective protection against discrimination
The right to a fair hearing
A person charged with a criminal offence or a person who is a party to a civil proceeding has the right to have their case decided by a competent, independent and impartial court or tribunal
The right to not be tried or punished more than once
A person must not be tried or punished more than once for an offence for which they have already been finally convicted or acquitted in accordance with the law, although a re-trial can be ordered in limited circumstances
The rights of adults and children in criminal proceedings
- the right to be provided with legal aid
- the right to free assistance from an interpreter
- the right to not be compelled to give evidence against themselvesThe r
Rights of any convicted person
Any person found guilty of committing a criminal offence has the right to have the conviction and any sentence imposed reviewed by a higher court
- the right to appeal the decision
Strengths of statute law in protecting rights
- parliament can amend statutes to incorporate further rights, particularly as society changes
- statutes are often detailed and precise, and protect human rights specifically, rather than being implied
- rights in legislation are recognised by government agencies and enforceable in the courts
- parliament can pass legislation quickly when the need arises
Weaknesses of statute law in protecting rights
- as the supreme law-making body, parliament can amend statutes to take rights away
- parliament can include limitations or restrictions in statutes, so protected rights are not always absolute
- statutes do not always allow a person whose rights are breached to claim damages
- rights protected in statute laws and charters are not as well protected as those in the constitution
