Human Rights

Launch of Julian Burnside's 'Watching Brief: reflections on human rights, law, and justice'

CPD patron Juian Burnside launches his collection of essays and meditations on law, justice, human rights, ethics and what constitutes a decent human society at Gleebooks on Friday 9 November at 6:30pm.

Deportees' fate shows there's no solution in the Pacific

'They were targeted for precisely the reasons that had led them to seek asylum in Australia in the first place. One had married for love across religious lines. The other was associated with the pre-Taliban government. But their claims were not believed by Australian officials and so they were sent home. Now their children are dead.' Anna Samson, Ben Spies-Butcher and Phil Glendenning show why the battle to reform our refugee policies is far from over.

Native title: beyond the backyards and beaches

Howard and Beazley’s failure to stir up public outrage over the recent native title decision in WA shows that the old ‘backyards at risk’ line is getting rusty, writes Larissa Behrendt.

Amended Land Rights Law will be Bad Law

What do you call an offer to use revenue from your own land to lease that land from you at a fraction of its value, and then rent it back to you at market rates? The Aboriginal Land Rights (Northern Territory) Amendment Bill (2006). Jon Altman argues that the amendments will weaken the property rights of traditional owners, weaken land councils and destroy the integrity of the Aboriginal Benefits Accoun.


Not Bad But Not Yet Good: Victoria's New Charter of Rights and Responsibilities

The first hurdle towards the enactment of Victoria’s Charter of Human Rights and Responsibilities was overcome last week when it was passed by the Legislative Assembly . While we wait for it to be considered by the Legislative Council, Spencer Zifcak provides a critique of the new law. He acknowledges that it is an important step towards the first State-based human rights Charter, but it is not without its compromises

'Great Charters' in the States

Kirk McKenzie considers the moves afoot within the States to introduce Charters of Rights. He argues that these will help not hinder the national campaign for a Human Rights Act. Introducing rights protections at a State level would provide much needed protection and may reinvigorate State politics which has become obsessed with service provision and law and order.

Why do we need a bill of rights?

Sir Anthony Mason explains why he favours the adoption of a statutory Bill of Rights and rejects the constitutional United States model. The statutory model, which NewMatilda.com has followed in its draft Human Rights Act, allows parliament to limit rights but requires it to do so in specific and clear language. Iit cannot simply sweep the question under the carpet or exclude or qualify the rights by vague and general words’. 

How the UK brought rights home

Kate Beattie describes the lessons that can learn from the United Kingdom's Human Rights Act which has been in operation for five years. She explains how the mechanisms for protecting rights are designed to ensure that power is not transferred from the parliament to the courts and how this has not happened. She also explains that the main problems experienced in the UK have related to the public service’s reluctance to embrace the rights, but that the Parliamentary Joint Committee and the declarations of incompatibility have led to improvements in processes and laws.

Human Rights and National Pride

Rodney Croome examines the history of human rights in Australia, with a focus on gay and lesbian rights. While he highlights the many transgressions Australia has experienced in the area of human rights, he reminds readers to be proud of what Australia has achieved – for example, in the areas of gay rights, and race and gender equality.  Croome also suggests that it should reflect more of Australia's past human rights achievements if it is to truly win over the Australian public

The Challenge for Writing Rights in Australia

Michael Walton examines the failure of previous attempts to introduce consitutional and legisative human rights protections in Australia. 'The greatest challenge for advocates of this draft Human Rights Act is not convincing the already-convinced public that Australia needs a Bill of Rights, but of convincing our politicians – and building bipartisan support for writing rights,' he writes.

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