Human Rights and Advocates Assignment 2022

Human rights and advocates
Running Head: Annotated Bibliography0
8 / 1 / 2 0 1 9
Student’s Name

Annotated Bibliography 1
Contents
Thesis Statement..............................................................................................................................2
Annotation 1: Protecting human rights in Australia without a charter............................................2
Annotation 2:- Juvenile Justice, Young People and Human Rights in Australia............................3
Annotation 3: Secrecy and Human Rights Abuse in Australia’s Offshore Immigration Detention
Centers.............................................................................................................................................4
Annotation 4: The Right to Education in Australia: A Case Study Of Higher Education Policy...5
Annotation 5 Cameron And Godwin Barriers To Legal And Human Rights In Australia In The
Era Of Hiv Treatment As Prevention..............................................................................................6
Annotation 6 Corporations and freedom of religion: Australia and the United States compared...6

Annotated Bibliography 2
Thesis Statement
The assignment is based on the topic named human right and advocacy, For the preparation of
this assignment, six peer-reviewed journal articles have been selected which will be summarized
further.
Annotation 1: Protecting human rights in Australia without a charter
The author has discussed human rights charter and legislation related to human rights of different
nations such as the Canadian Charter, the New Zealand Bill of Rights Act and the United
Kingdom HRA. It was stated in the article, that many of the times issues related to legal
protection to universal right have risen in Australia. During 1970 and 1980, two of such attempts
have been made to develop federal legislation to ensure the availability of human rights in
Australia as Australia has become the party of International Covenant on Civil and political
rights. Some proposals have been made to create federal laws on rights prescribed under
international treaties but many of the states made an objection to the same. In addition to this, in
2001, the Standing Committee on Law and Justice of the New South Wales Parliament made an
inquiry and proposed a bill of right for states. R.J. Carr, (Labor premier of the state) strongly
opposed this proposal. The author informed that even after these efforts, the Australian
government has not developed any charter but provided a framework that consists of five parts.
In the last of the article, the author brought attention to the need for remedies and considered the
existence of federal legislation for the assurance of human rights.

Annotated Bibliography 3
References:- Kirby, M., 2011. Protecting human rights in Australia without a
charter. Commonwealth Law Bulletin, 37(2), pp.255-280.
Annotation 2:- Juvenile Justice, Young People and Human Rights in Australia
Authors have argued that human rights are not extended to the juvenile justice system but the
same should as most of the abuse occurs in detention centers. The discussion has been drawn
upon two classes of children namely indigenous young people and young people that have a
cognitive disability and mental health disorders. Some data also has been presented according to
which out of total young people in custody, nearly 14% suffers from intellectual disability, and
87-88% faces issues of psychological disorder. Policing has been stated as another issue because
it is evident that people often use its powers arbitrarily and illegitimately against other people. It
has been stated that it is not like that human rights are totally absent in Australia while dealing in
Juvenile justice but some systemic problems related to human right abuse are there. These issues
include poor conditions of confinement, use of excessive force, use of isolation and others.
These human rights addressed under this article are also mentioned in the international United
Nations Convention on the Rights of the Child (CRC). As article 40 of CRC demands
implementation of a minimum age of criminal responsibility. Further articles 12 of CRC confirm
the right to a fair trial for children under the Juvenile system.
References:- Cunneen, C., Goldson, B. and Russell, S., 2016. Juvenile justice, young people and
human rights in Australia. Current Issues in Criminal Justice, 28(2), pp.173-189.

Annotated Bibliography 4
Annotation 3: Secrecy and Human Rights Abuse in Australia’s Offshore Immigration
Detention Centers
In the presented articles, authors have discussed the issues associated with asylum seeker living
in Australian immigration detention centers. The offshore immigration detention centers are
known for keeping a high degree of confidentially and reduce transparency. The article brought
to notice of readers to an issue that is ignorance of abuses of detainees’ human rights as they
have become inevitable. The Australian government seems to have the wrong intention behind
such practices as the same hope that people will withdraw their application of asylum for
Australia and will return home. The arguments made by authors have divided under four sections
that addressed different issues with respect to the policy of the Australian government for
immigration centers. Australia has become a party of the Optional Protocol on the Convention
against Torture, 2006 in 2009 but has ratified the same and not complying with the same.
Because of these actions, external oversight is limited to Australia’s immigration detention
centers.
The articles addresses and make references of various international human right treaties in this
area such as the Standard Minimum Rules for the Treatment of Prisoners (1977), The Universal
Declaration of Human Rights (1948), Convention Against Torture (CAT, 1984), the International
Covenant on Civil and Political Rights (ICCPR, 1966).
References: - Nethery, A. and Holman, R., 2016. Secrecy and human rights abuse in Australia’s
offshore immigration detention centers. The International Journal of Human Rights, 20(7),
pp.1018-1038.

Annotated Bibliography 5
Annotation 4: The Right to Education in Australia: A Case Study Of Higher Education
Policy
As the title of the article implies, authors have developed their arguments to limited education
rights in Australia. Right to education is not only valuable for individual development but is also
mandatory realization of other rights for. The Universal Declaration on Human Rights was the
first international treaty that supported this right but the same was not a legally binding treaty
and therefore International Covenant on Economic Social and Rights become the first
international treaty that consists right to education and is binding in a legal manner (ICRSCR).
This treaty gives minimum core obligations to states with respect right to education. Authors
have stated that although the higher education level is good in Australia yet certain issues are
associated with the same. These issues mainly include discrimination, economic accessibility,
and physical accessibility.
The higher education is as important as basic education and therefore is a part of economic,
social and cultural rights. Article 2 (2) and 3 of ICESCR are related to the above-mentioned
issues in higher education and prevent discrimination. Further section 13 and 14 give a basis to
that all the education is required to be directed. The author suggested that while providing
educations, provisions of ICESCR are required to keep in considering by organization and
government.
References: - Willing, R., 2014. The Right to Education in Australia: A Case Study of Higher
Education Policy. UNSWLJ Student Series, (14-06).

Annotated Bibliography 6
Annotation 5 Cameron And Godwin Barriers To Legal And Human Rights In Australia In
The Era Of Hiv Treatment As Prevention
The area of discussion selected by the author for this article is the human right as well as legal
issues associated with HIV treatment as prevention in Australia. Although Australia has well-
developed policies and laws that address the issue of HIV and its response, yet the issue arises
when it comes to sex work. Every state of Australia has well-developed law for sex work and
because of the criminalization of sex works; most of the workers do not access health and other
social services. Decriminalization on the other side seems to have a positive impact on public
health as it improves safety and health condition. It adversely affects the human rights of
citizens. It has stated in this article that a human rights agenda demands decriminalization of
drug use in order to promote health. Authors have argued that in the absence of human rights,
patients will lose trust in service providers.
In conclusion, authors expected the HIV policymakers should consider the human rights of
people living with HIV, people who use drugs, sex workers and so on. The United Nations
human rights instruments ensure the implementation of HIV related rights such as
nondiscrimination and effective response.
Reference:- Cameron, S. and Godwin, J., 2014. Barriers to legal and human rights in Australia in
the era of HIV treatment as prevention. AIDS Education and Prevention, 26(3), pp.202-213.
Annotation 6 Corporations and freedom of religion: Australia and the United States
compared

Annotated Bibliography 7
After reviewing a few cases, the central argument made by authors according to which
corporations should not be allowed to have the right to freedom of religion as a corporation
cannot have beliefs in real. Article 9 of European convention conform right to freedom of
religion but the same can be used by religious bodies like church only because they work for and
on behalf of the religion of their members but the for-profit corporation cannot do so. In the
decision of hobby lobby, it was decided that in order to deny religious freedom to corporations, a
line is required to be drawn between corporations and other business structures. In Australia,
section 124 (1) of Corporations Act 2001 confirms that every corporation has power and legal
capacity such as an individual but do not confirm that for every purpose, a corporation can be
treated as an individual.
Office of the United Nations High Commissioner for Human Rights confirms the right to
freedom of religion but does not make it clear that whether a corporation may seek the same or
not. Further as in case of Christian Youth Camps Ltd v Cobaw Community Health Services Ltd
(2014) 308 ALR 615, court confirmed that corporations have neither soul nor body and therefore
this right should not be allowed to corporations.
References: Rajanayagam, S. and Evans, C., 2015. Corporations and Freedom of Religion
Australia and the United States Compared. Sydney L. Rev., 37, p.329.