The Human Rights Bill

Running Head: The Human Rights Bill
The Human Rights Bill

The Human Rights Bill
Table of Contents
Human Rights Act 2019.............................................................................................................2
Bentham’s Utilitarian Theory....................................................................................................3
Dworkins Liberal Theory...........................................................................................................4
Critical Legal Studies.................................................................................................................6
Bibliography...............................................................................................................................8
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The Human Rights Bill
Human Rights Act 2019
The current concept of human right is based on Universal Declaration of Human Rights that
is adopted by UN General Assembly. The main aspect of UDHR was to invest the faith of the
people back into human rights after world war. After UDHR, Australia has ratified following
treaties on human rights-
 Convention on the Rights of the Child1
 International Covenant on Civil and Political Rights2
 Convention on the Rights of Persons with Disabilities3
 Convention against Torture and other Cruel, Inhumane or Degrading Treatment4
 International Convention on Economic, Social and Cultural Rights5
 International Convention on the Elimination of All Forms of Racial Discrimination6
 Convention on the Elimination of all Forms of Discrimination Against Women7
Australia is not a party to the United Nations Declaration on the Rights of Indigenous People
but the government supports it. Through ratification, Australian government has welcomed
the legal obligations under international law. If a country wants to incorporate the laws of the
treaty then they have to implement those laws into their domestic laws and regulatory
framework. The Human Rights Bill 2018 that was introduced by Attorney General of
Queensland and Minister of Justice Yvette D’Ath consist of the laws which recognise
“inherent dignity and value of human being and it recognises the equal and inalienable human
rights for every citizen and non-citizen”. This bill became act on 27 February 2019. This act
consists of 23 human rights. Most of these rights are taken from International Covenant on
Civil and Political Right, two Rights are drawn from International Covenant on Economic,
1
Convention on the Rights of the Child, United Nations Human Rights, (1989) <
https://www.ohchr.org/en/professionalinterest/pages/crc.aspx>
2
International Covenant on Civil and Political Rights, United Nations Human Rights,
(1966) < https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx>
3
Convention on the Rights of Persons with Disabilities (CRPD), United Nations- Disability,
(2006)< https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-
persons-with-disabilities.html>
4 Hans Danelius,
The Torture Convention, Audiovisual Library of International Law, (10
December 1984) < http://legal.un.org/avl/ha/catcidtp/catcidtp.html>
5
International Covenant on Economic, Social and Cultural Rights, United Nations Human
Rights, (1966) < https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx>
6
International Convention on the Elimination of All Forms of Racial Discrimination, United
Nations Human Rights, (1965) <
https://www.ohchr.org/en/professionalinterest/pages/cerd.aspx>
7
Convention on the Elimination of All Forms of Discrimination against Women, UN
Women, (2009) < https://www.un.org/womenwatch/daw/cedaw/cedaw.htm>
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