Assessment of Protection of Human Rights by Australian Government

This study assesses the effectiveness of policies implemented by the Australian government for the security of human rights. It examines the constitution, common law, and the Human Rights Commission Act 1986. The study concludes that Australian law has taken sufficient measures to provide adequate protection to human rights.

Legal research methods

Table of Contents
Introduction......................................................................................................................................3
Assessment of protection of human rights by Australian government............................................3
Constitution of Australia..............................................................................................................4
Common Law..............................................................................................................................4
Protection under Human Right Commission Act 1986...............................................................5
Conclusion.......................................................................................................................................9
Bibliography..................................................................................................................................11

INTRODUCTION
Human rights are the fundamental rights of all individuals which are to be provided by
regulatory authorities and the political system of the country. It is the liability of the
administration that the human rights of person should be adequately protected. In this aspect, the
Australian government applied several rules and regulatory measures for safeguarding
fundamental human rights. The objective of the present study is to assess the effectiveness of
policies implemented by the Australian management for the security of human rights. The study
is intended to determine whether the law of Australia sufficiently protects the human right. For
this aspect, practical examples of applicable laws and its influence will be considered.
ASSESSMENT OF PROTECTION OF HUMAN RIGHTS BY
AUSTRALIAN GOVERNMENT
Human rights are essential civil liberties that protect mankind. It creates an environment where
all the individuals have the freedom to live and speak in terms of both equality and liberty ahead
to authority due tothe existence of human rights. There are different ways to protect the Human
rights in Australia. In comparison with different moderate democratic system, there has no Bill
of rights to look after human rights in any referred text in the country. On the other hand, all the
rights are established in the common law, legislation and constitutions where all acts are
approved by the representative bodies such as state parliament or commonwealth or territory
parliaments1.
1Brian Galligan, and Morton FL Ted. "Australian exceptionalism: Rights protection without a
bill of rights." Protecting Rights Without a Bill of Rights. (Routledge, 2017). 27-50.

Constitution of Australia
Australia constitution has made a provision in which five clear individual rights are included like
right to vote (section 41), and prevention of prejudice because of State of residency (Section
117), the power of examination by judges (Section 80), defense beside attainment of property on
unfair conditions (Section 51 (xxxi)) as well liberty of religion rights (Section 116).
Recently, addition rights have been found by the High court for the individuals who might be
essentially oblique by structure and language of the establishment.
Common Law
An essential role is played by the legal authority for defending the human rights of Australians
by understandingthe legislation and review the constitution. The court interprets the legislation at
the time of making decisions for offering better protection and fairness of human rights.The
regulation has been frequently stated by the rulesthat legislation should be interpreted to reduce
the abrogation of primary human rights2.
Frequently, Common law is known as law made by judges. It is different as of the regulation that
is made in legislature. Moreover, definitely it is true that much protection could be recognized
as rights are secluded by countries adjudicators being suitable common law values. Moreover,
Common law can be extended or abridged by rules and regulations approved by Parliament.
2Dianne Otto . "Rethinking Universals: Opening Transformative Possibilities in International
Human Rights Law." Human Rights. (Routledge, 2017). 305-340.

Protection under Human Right Commission Act 1986
Huge particulars regarding the functions as well as powers of the Australian Human Rights
Commission (the Commission) has been clearly mentioned in the Australian Human Rights
Commission Act 1986 since the Commonwealth organization has the liability forobserving
andsupporting the human rights defenders. Moreover, the commission is also liable for the Acts
under which the Sex Discrimination Act 1984, the Racial Discrimination Act 1975,the Age
Discrimination Act 1996, the Disability Discrimination Act 1992 are included. The standard of
non-discrimination is most important within the human rights law; however, every rights must be
benefited by one and all in spite of issues like sex, disability or race .
Australian Human right committee is one of the Non – governments association that encourage
the understanding of human rights for everyone without discerning throughout devotion to the
worldwide Bill of rights or other human rights instruments , worldwide within Australia . There
are various objectives of the Human Rights Council3.
Discrimination
The rules that are implemented by the commission are included in the anti-discrimination laws
and are well approved in Australia .Commission of the State and Territory equal opportunity
organization examine the Accusation of favouritism in education, employment, accommodation,
services and public places. In which parties don’t agree to the negotiatedresolution of such
3Jon Altman, Larsen L., and Buchanan G. J. "The environmental significance of the Indigenous
estate: natural resource management as economic development in remote Australia." (2018).

criticism, the pursuer has the libertyto take the matter to court for a conclusion and a preparation,
as well asrecompense where that is suitable.
Various human rights
Though, different rights of humans are treated in a different way. Excluding Victoria along with
in ACT there are no territories or state rights legislation; on the other hand, various state
regulation imitates human right values. For instance, children’s protection law works for the
interest of the children ; it is the major point of consideration as well as supreme consideration4.
Basically, all the people are free to make a complaint regarding thehuman rights violations
except in a situation where the grievance is regarding behavior by or behalf of the
commonwealth. Although, in situation where commonwealth is established in breach of human
rights, however not any law of Australia award a remedy. Positively it can be done by the
commission as it has a right to account to the parliament through proposals5. Individual
complaints can be referred to statement, for example in situation where cruel action of a Nigerian
detainee at the Perth Immigration Detention Centre otherwise to court that functions to breach.
undoubtedly, it cannot be done by the Commission. Only Commission has the power to report to
the legislature with the recommendation. In the statements individual complaints - such as in the
case of inhumane treatment of a Nigerian detainee at the Perth Immigration Detention Centre or
4Damien Short . Reconciliation and colonial power: Indigenous rights in Australia. (Routledge,
2016).
5Peter W Edge. Religion and law: An introduction. (Routledge, 2017).

to legislation that function to breach the rights of various Common wealth superannuation
legislation that differentiate next to similar sex couples. Even though it is important that the
Commission's account should be listed in legislature, the administration is below no compulsion
in the direction of accept recommendations6.
Moreover issues of non presence a preparation is same exist inside the cases of service
discrimination that deal with the commission however at the time prejudice basically depends on
the grounds except for disability, time, gender, pregnancy or breastfeeding, race, sexual
orientation, gender individuality or intersex position, married or relationship position as well as
those are connected with theanti-discrimination legislation.
As it is mentioned above that various territory and state Acts includes various reasons for the
discrimination which is enclosed by Federal discrimination law and added basis like religion.
Furthermore, Employment bias toa huge extent is covered by the federal Fair Work Act
National Disability Strategy
In case Australianminorities areunableto participate in the communities than for sure fully our
community will lose out. As there is a lack of alertness of disability issues such as
discriminations and barriers can be attitudinal as well as a corporal7.
6Scott Veitch. Law and the Politics of Reconciliation. (Routledge, 2016).
7EszterKismödi, et al. "Advancing sexual health through human rights: the role of the
law." Global public health 10.2 (2015): 252-267.

The government has passed the new National Disability Strategy for protecting the disabled
people in a better way as well as for decreasing the violence besides the children and the women
national plan is made.
Generally, the idea of the national plan is to lessen the violence against the children and the
women’s. The major goal was to achieve governmentobjectives by reducing violence in
societies however that helps to ensure that child and women’s rights are secured for them so that
they can live in liberty and safe from domestic violence as well as sexual assault8.
On the basis of the above analysis, it has been seen that the government approved several rules
and regulation for the protection of human right. Currently, country has been supported through
worldwide human rights supervise to reorganize completion of rights in Australia. In which
following explanation are incorporated-
Still, some sectors are there in which effective remedy to the individual is not provided by the
domestic legal system whose right below the International Covenant on Civil and Political
Rights have been breached. However, is important that they should take measures to provide an
outcome to every agreement rights and freedom citizens doesn’t have any rights to open
complaints in the local court due to the Convention on the Rights of the Children.
Most significant national support that is necessary for Australia isthe bill of rights and reason is
that they havethe power to secure unpopular minorities, for example, protecting Indigenous
8BillFrelick, Kysel Ian M, and Podkul Jennifer. "The impact of externalization of migration
controls on the rights of asylum seekers and other migrants." Journal on Migration and Human
Security 4.4 (2016): 190-220.

people from being abused. Furthermore, in presence of bill of rights in organization it will
protect the people to survive dignified and peaceful life, and also free from disparagement
because bill of rights can operate to verify, balance or examine rather a court endorse by the
parliament defend the human rights because the bill of rights can, in addition,assist parliament in
making law as anorientation9.
It has been already described that, the state, federal, and territory anti-discrimination legislation
helps in the direction to protect the human rights which make illegal happenings as of origin ,
gender, race religion, race and disability however the protection which provided is unbalancedas
the parliament have the power to make a new law limit to adjust it,and the law can reorganize.
Consequently, a bill of human rights in the foundation can defence the rights of Australian for
the reason that to change or adjust the establishment is very hard as attaining doubledecisive
factor which isthe majority of stateagree on o on the facts that thealtering in the constitution is
verynecessary.
CONCLUSION
By considering the above analysis, the conclusion can be drawn that constitution, common law,
the judicial authority of Australia had taken approaches, regulatory steps for the defense of civil
rights. Analysis of the study shows Laws and regulations approved by the Australian
government, has obtained the dual objective of growth, and consistency of human rights of the
community. Apart from that, the judicial authority has safeguarded human rights by
understanding the legislation in the current environment in order to address involving issues in
9Peter W Edge. Religion and law: An introduction. (Routledge, 2017).

the community. Further, there are several private non-government organizations that assist in
enhancing the human awareness rights in Australia along with providing protection to the same.
Further, various plans have been developed by the government, such as national disability plan,
helps the protection of human right. Therefore, by consideringthe aboveanalysis, it can be said
that Australian law has taken sufficient measure to provide adequate protection to human rights.

BIBLIOGRAPHY
Altman, Jon, L. Larsen, and G. J. Buchanan. "The environmental significance of the Indigenous
estate: natural resource management as economic development in remote Australia." (2018).
Edge, Peter W. Religion and law: An introduction. (Routledge, 2017).
Frelick, Bill, Ian M. Kysel, and Jennifer Podkul. "The impact of externalization of migration
controls on the rights of asylum seekers and other migrants." Journal on Migration and Human
Security 4.4 (2016): 190-220.
Galligan, Brian, and FL Ted Morton. "Australian exceptionalism: Rights protection without a bill
of rights." Protecting Rights Without a Bill of Rights. (Routledge, 2017). 27-50.
Kismödi, Eszter, et al. "Advancing sexual health through human rights: the role of the
law." Global public health 10.2 (2015): 252-267.
Otto, Dianne. "Rethinking Universals: Opening Transformative Possibilities in International
Human Rights Law." Human Rights. (Routledge, 2017). 305-340.
Short, Damien. Reconciliation and colonial power: Indigenous rights in Australia. (Routledge,
2016).
Veitch, Scott. Law and the Politics of Reconciliation. (Routledge, 2016).