Australian Human Rights Commission Act Assignment Sample

Subject Name : General Law

Human Rights Implication Within Australian Laws

Human rights are the basic rights that a person possesses from the time when he is born until his death. They provide equality on factors like gender, place of birth, nationality, age, marital status, etc. These factors have been defined under the law for which human rights provides safety.

UN High Commissioner for Human Rights Louise Arbour made s statement that: states remain the primary factors, the main conduits through human rights muse be realized. The obligation to give importance, respect, and enforce human rights rests on states. Australian Government made a statement in the year 2007 that there is an incomplete picture of human rights compliance and application in Australia. The current system does not acknowledge the current legal structure which is made for the implementation of human rights and has failed to identify and resolve human rights issues. In the year 1994, this county was the first county that made a proposal regarding the National Action Plan on human rights.

As per the laws prevailing in the state of Australia, the country does not have a bill of rights to make applicable human rights. But they do have other rights to human right in Australia in the form of constitution, common law, and implementation of the international treaties. Violations of human rights in one way or the other happens in every countries, even in Australia. The government of Australia in particular has the responsibility to protect human rights and ensure safety in the surroundings. If Australia does not have any specific bill to implement the bill, that, must include the rights in their Domestic laws. The process of inserting the laws in the same is known as “Ratification”. By the process of ratification, the judicial system will ensure that If someone is violating human rights, reasonable action could be taken against the same person. Not only the government, the State, and the territory governments also have the responsibility to protect human rights. State- level government can make local laws prevailing in their area to ensure that the laws are protected which are related to human rights like Gender inequality, educational system, and health system. [1]

There are many federal laws that protect the violation of human rights. Some of the laws are as follows: -

Age Discrimination Act, 1992- Age discrimination means when a person is favored less in a situation because of his age. According to the Age Discrimination Act,1992 it is an offense to treat someone in an unfair way because of their age. The act ensures that every person, whether young or old should be given the same opportunities as others in every field. Laws are made to protect discrimination in the field of education and employment. But this act provides that if discrimination is done for the benefit of others it should not be considered unfair. For ex-people who are aged are restricted to work under certain conditions to protect them. Meeting the needs of a certain age group will not constitute discrimination.[2]

Disability Discrimination Act,1992- The laws framed under the Act has made it against the law to discriminate against anyone, on the grounds of their disability. A disability can be in the form of physical, mental, physiological, and neurological disabilities. A person should not be discriminated against the field of education, employment, public areas, and many others. If a person is capable enough of, doing work, he should not be discriminated on the basis of his disability. This will amount to an action against the law.[3]

Racial Discrimination Act 1975- The law is made to promote equality between people and prohibits discrimination on the grounds of race, color, place of birth, and nationality. It’s of the federal laws in which the commissioner looks after that there is no racial discrimination and schools, offices, and other workplace help and educate their people that are what are the legal rights and responsibilities that they possess.[4]

Sex Discrimination Act 1984 – The Act promotes equality between men and women, giving rise to Australia’s international human rights obligations. As per the act discrimination on the basis of sex, sexual orientation, gender, and marital status are considered against the law. The person feeling deprived have the right to complain to the commission regarding the same. The role of the commissioner is to promote gender equality in society accordance with the convention on the Elimination of all Forms of Discrimination that take place against Women.[5]

Australian Human Rights Commission Act 1986 specifies AHRC (Australian Human Rights Commission) roles and responsibilities. It gives rise to different Australian obligations which are as follows: -

International Convention on Civil and Political Rights
Conventions that are related to Discrimination against employment, Business and trade
Convention on the rights of persons with disabilities
Conventions on the right of children
Declarations prescribing the rights of the child
Convention and Declarations on the right of Disabled persons
Declarations and convention of Elimination of all Forms of Intolerance and Discrimination which are formed on a religion or a belief.

Since there is no bill of right for the implementation of human rights, there are many international treaties as well which have helped the government to frame policies and the Australian laws within the framework or human rights. A treaty is a binding agreement between different states/countries which amounts to a binding international law between the parties of the treaty.

With some Federal Laws, there are some international treaties also with have helped the government to implement Human Rights in Australia. Article 61 of the Australian Constitution makes it eligible for Australia to enter into treaties for the betterment of the country. But the treaty signed should be passed by both the Houses of the Parliament.

International Covenant on Civil and Political Rights (ICCPR): - ICCPR is an International Human right treaty which was made applicable in the year 1986. It comprises of: -

Freedom from all type of cruelty and torture:
Freedom of thought, religion, and expression
Equality and non-discrimination

United Nations Human right committee (the committee) appreciated the Australian Government that they are taking initiatives to implement human rights. The commission is a national human right commission which has the power to implement Human Rights under the Australian human rights Commission Act (AHRC Act). The commission guides the committee to focus on five major areas which are creating a protocol to the convention against cruelty, inhuman or Degrading Treatment or Punishment (OPCAT), the committee should adopt justice targets so that the rates of imprisonment can be reduced, to improve Australian Government Immigration policy and establishing a parliamentary joint committee on Human rights. Recommendation 3 of the Committee states that the Australian government should implement ICCPR into their Australian Legislation. Recommendation 4 of UNHC states that the Australian Government should take reasonable action to promote and support Human rights education in the field of public as well as the private sector, making it a part of the school curriculum as well. The Australian Government within partnership With Aboriginal and Torres Strait Islander people has developed strategies to implement the human rights of indigenous people. The commission also states that the committee must take action. and implement laws against human trafficking and Slavery. The commission recommends that policies should be made so that businesses are also aware of their human right by Global Compact Network Australia.[6]

The rights that have been saved under the International Covenant on Civil and Political Rights (ICCPR) have been implemented in mostly each and every county of the world. All these guarantees have been implemented by a bill which is known as the ‘Bill of Rights’. They not only include civil and political rights but also economic and cultural rights. Australia is the only one such nation that has a special federal law for enforcing the recommendation under ICCPR. is under the authority of UNHC to govern Human right Laws in Australia.

International Covenant on Economic, Social and Cultural rights (ICESCR): -

The government has appointed a separate body that seeks the opinion of people in human rights protection. The committee then submits the collected data to the human rights commission to look that what is the current situation, whether the rights of the people are protected or not.

Australia has officially made a statement that they do consider the rights that have been protected under ICCPR. Article 1 of the treaty specifies that all people have the right of self- determination which means that a person is free to choose his social, political, and economic rights He should not be influenced by anyone else for the same. This will be considered against the Law. As per the treaty, the people have the right to decide in what way they want their wealth and resources should be utilized. The Decision should not be influenced by either an economic co-operation or any private party for the benefit of themselves. It is the right of the parties of the treaties to ensure that men and women are given equal rights in the course of employment. According to the convention, the parties who have the right to limit the rules of the convention in such a way, that their local laws are compatible with the same. Article 5 of the convention makes it a rule that no person or group of persons should engage in any activity which causes harm to others and destroy their right to freedom and expression. As per the same article, no restrictions should be imposed on the laws that have been already made and regulations which have been framed for the implementation of human rights in the state. Article 7 of the convention provides a person who has the right to choose what work he wants to do for his living. He should have the free right to do this. No one has the right to influence the person on the same, provided that the work that the person is doing is not illegal. At a workplace, there should be no discrimination regards to gender and pay scale. Equal employment opportunities should be made for everyone keeping all the factors of discrimination aside. [7]Article 9 of the convention states that the state must make laws to promote Social security as well as social insurance. It is very important for a person to feel socially secured at the p [lace where he is living to promote social peace.

Since there is no law prevailing in the state of Australia for the application of human rights, these federal laws and treaties have helped the government to frame policies related to the same. The judicial system is taking corrective steps to ensure that there is no infringement of human rights in society. If a person is held liable for the same then reasonable action is taken against the person.

In the year 2004, Australia was head of the United Nations Commission on human rights stating that what initiatives have been taken by the government for saving, protecting, and promoting of human rights. The Australian government believes that it is the responsibility of every nation to protect, safeguard, and promote human rights among the people of their country. The country has a strong judiciary system that is transparent as well as independent. But still, there is no county in the world where human rights are not challenged on regular basis. Australia despite not having a separate law still tries to protect and promote human rights. The government is continuously taking action to protect human rights through the development of existing plans. Comprehensive protection of human rights is already taking place in Australia and the government is trying to prioritize the areas in which it needs to take more action. Hence the Australian Government is effective and efficient enough for the protection and promotion of Human rights across the state.

Bibliography for Australian Human Rights Commission Act

Acts

Age Discrimination Act, 1992
Disability Discrimination Act,1992
Racial Discrimination Act 1975
Sex Discrimination Act 1984
Australian Human Rights Commission Act 1986

Legislation and Treaties

Australian Human Right Commission
Australian Human Rights Commission:- Informing Concerning Australia’s Compliance with the International Convention on Civil and Political Rights.
Australian Treaty Series – International Covenant on Economic, social and Cultural rights. Dec16,1996. Vol No.5

[1] Australian Human Rights Commission – Human Rights in Australia Apr 2016. Ret from - https://humanrights.gov.au/our-work/education/human-rights-australia

[2] Australian Human Rights commissions-Age Discrimination, Know your rights. Pg. 2-7 Ret from https://humanrights.gov.au/sites/default/files/content/age/publications/Age%20Discrimination.pdf

[3] Australian Human rights Commissions – Disability Discrimination Apr 2015. Pg. 1-6. Ret from https://humanrights.gov.au/sites/default/files/GPGB_disability_discrimination.pdf

[4] Australian Human Right Commission- About Racial Discrimination. Feb 2016. Ret from https://humanrights.gov.au/our-work/race-discrimination/about-racial-discrimination?_ga=2.226739421.196570469.1602871657-389461865.1602871657

[5] Federal Register of London – Sex Discrimination Act 1984. Act No.4 of 1984. Ret from https://www.legislation.gov.au/Series/C2004A02868

[6] Australian Human Rights Commission:- Informing Concerning Australia’s Compliance with the International Convention on civil and Political Rights. 2017 Ret from https://humanrights.gov.au/our-work/legal/submission/information-concerning-australias-compliance-international-covenant-civil

[7] Australian Treaty Series – International Covenant on Economic, social and Cultural rights. Dec16,1996. Vol No.5 Ret from http://www.austlii.edu.au/au/other/dfat/treaties/1976/5.html

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