Human Rights (1 Viewer)

[$SiKh_CuRrY$]

Hey guys whats up?
Just wondering if you could help me with a question,-
How are civil Rights recognised and enforced?
Recognised-(ICCPR)1966, by countries who ratify this convention. I dont know what how else they are recognised...are they recognised by customary law?. Enforced- Legislation of country which has ratified the treaty, thru the court system...International protocol on the convenant of civil and political human rights...and im not sure how cultural righst are recognised and enforced... any input for u guys wud be much appreaciated! Thanx latahz.

 

[billieroseanna]

Originally posted by $SiKh_CuRrY$
How are civil Rights recognised and enforced?

Some civil rights are protected (recognised) under the Australian Constitution. Eg. Religious freedom, freedom of movement, right to due process in court.

Common and statute law is used to protect human rights - HR - (which include civil rights). The common law approach means that administrative decisions should consider the international agreements to which Australia is a signatory. (eg. The Mabo case took into account international law and standards in other countries.) The statute law approach means that laws are created by Parliament to protect specific human rights. (eg. anti-discrimation legislation.)

Enforcement of HR is carried out at two levels in Australian law:

1. Parliamentary sub-committees and government bodies have been established to examine human rights violations and to enforce human rights violations. (eg. HREOC - the Human Rights and Equal Opportunities Commission, the Ombudsman, NSW Anti-Discrimination Board, and the Administrative Appeals Tribunal.

2. International and Australia NGOs - non-government organisations - investigate and publicise Australian human rights issues and lobby governments. (eg. Amnesty International, NSW Council for Civil Liberties, and ACOSS - the Australian Council for Social Services.

Note that (my text books say that..) the ICCPR was created by the UN in 1976 (not 1966).


billie