Week 6

Question 1

Freedom from Discrimination

Answer 1

Non-equal treatment through exclusion, restriction or preference made on the basis of race, sex, religion, marital status pregnancy or disability etc.

Remedies include AHRC and/or tribunal / court action

Article 2 of the UDHR states that everyone is entitled to the rights and freedoms in the Declaration regardless of race, colour, sex, language, religion, political or other beliefs, national or social origin, property, birth or other status.

The right is protected by statutory law through our anti-discrimination acts

Possible Limitations
private activities / organisations
genuine requirement
unjustifiable hardship

Question 2

Right to Democratic Representation

Answer 2

The public has the right to elect others to represent their beliefs, attitudes and perspectives

Includes the right to vote for all 3 levels of government

Elected officials should represent the public’s best interests

Possible limitations include citizenship, age, and manipulation of process

A democratic country has a system of government in which the people have the power to participate in decision-making

Each democracy is unique and eworks in different ways. In some democracies citizens help make decisions directly by voting on laws and policy proposals. In others, like Australia, citizens choose representatives to make decisions on their behalf.

Question 3

Right to Trial by Jury

Answer 3

Criminal procedure which ensures defendants have the right to have guilt determined by peers; limitation on the power of government to punish citizens; see Magna Carta protected by s 80 of the Australia Constitution

A trial by jury should contain these essential features:
Unanimous verdict
Independent, randomly and impartially selected jury which is a representation of the community
Not necessarily twelve jurors, but at some point, a jury may become too small to be truly representative of the community

Posible limitations:
Minor offences
Judge only trials

Question 4

Freedom of Religion

Answer 4

The right to belong to and practice any religion by choice, or to have no religion; no required religious belief

S116 of Cons. prohibits the Comm. from passing laws establishin religion, imposing religious observance, or requiring a religious test for qualification for public offic

Freedom of religion is not protected by one single piece of legislation, but appears as sections, clauses, and exemptions in other Acts at the state and federal level

Possible Limitations
Interference with other beliefs / rights
Imposition on others

Question 5

Claiming your rights 1

Answer 5

1. Protesting
   Public expression of disagreement or opposition
   Many forms, including peaceful (marching, rallies, petitions, boycotts) or non-peaceful (sit-ins, riots, bombing, vandalism)
   Recognised human right under ICCPR (free speech, freedom of assembly
2. Lobbying
   Special interest groups lobby the government directly
   Advocate for desired reforms by placing collective pressure on government
   Examples: unions, religious organisations, human rights groups

Question 6

Claiming your rights 2

Answer 6

3. Lodging a complaint
   Human rights complained can be lodged with AHRC (or QHRC)
   AHRC independently investigates complaints and seeks to resolve issues through conciliation
   AHRC responsible for administering DDA, SDA, and RDA
   Complaints can be resolved via apology, compensation or change of policy
   Unresolved complaints can proceed to court/tribunal
4. Tribunal/court action
   People can use the court system to resolve human rights complaints; courts issue judgements enforcing human rights legislation
   Compared to other options, expensive and time consuming
   Sometimes an action is brought deliberately to serve as a precedent for future cases, known as a test case