Assessment of Protection of Human Rights by Australian Government

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.