When Australia enters into an international agreement, domestic law is modified by statute to embody principles of the agreement. Laws are not fixed, they can be removed by a later act of parliament/changed through legislation reform. Some of the most important human rights legislation include the Racial Discrimination Act 1975 (Cth) and the Sex Discrimination Act 1984 (Cth) Common law and statute law promote and enforce human rights in Australia through common law, precedent on international law (Bangalore principle 1988) and the fact it can be overruled by statute law, and through statute law where the executive power signs and ratifies treaty and parliament make all/some of it
The key reason was fear of communism, especially since the ‘Domino Theory,’ supported the threat of communism reaching Australia. Australia also had a responsibility to help America in the Vietnam War due to the SEATO and ANZUS treaties. Finally, by following the government’s defence policy of ‘Forward Defence,’ Australia needed to be involved in the Vietnam War to contain communism away from Australia’s
But Minister for Immigration and Border Protection, Scott Morrison, has insisted that "border protection is a matter of national sovereignty". "The Government is taking the steps necessary to protect our borders consistent with our domestic laws and international obligations," he said in a statement. An evaluation of the effectiveness of legal and non-legal responses to the issue? Promoting and enforcing Human Rights Amnesty International is an NGO (Non-Government Organisation) It researches, publicises Human Rights abuses and breaches and provides a critique of different government’s performances in the field of promoting and enforcing human rights. In recent years it has been extremely critical of Australia's treatment of Asylum seekers, among other HR
For asylum seekers, all the issues discussed for the homeless apply. However their inability to access justice runs even deeper. An important case that exhibits this fundamental injustice is Al-Kateb v Godwin where it was held that indefinite detention of a stateless person without charge is lawful in Australia. Indefinite detention without charge has been outlawed by the Supreme Court of the United States in relation to immigrants and the United Kingdom’s House of Lords. Australia stands alone internationally in perpetrating this injustice.
Alec Kurger & Ors; George Ernest Bra & Ors v. Commonwealth of Australia In the case of Alec Kruger & Ors; George Ernest Bray & Ors v. Commonwealth of Australia, the plaintiffs sought, among other things, a declaration that the provisions of the 1918 Aboriginals Ordinance were invalid. They contended that the ordinance was contrary to an implied constitutional right to freedom from any law or executive act that, among other things, constituted or authorized the crime of genocide. In support of their case they cited several provisions contained within the Genocide Convention, which they argued were violated by the Aboriginals Ordinance. These included: 1. The removal and transfer of children of a racial or ethnic group in a manner which was calculated to bring
Abuse can cause physical and internal problems; which can lead a person to have long lasting effects even into adulthood. The first reason why immigrants should report or advice other people about this act is about the internal and physical problems that the practice of that act could cause. Many times, immigrant officers beat or abuse an immigrant for non logical reasons, and none of those reasons are acceptable. We are all humans. Even though the consequences of their maltreatment may not be serious, immigrants should always report this act which sometimes can cost them their lives.
They are not here un illegally! We are participants to the United Nations Refugee Convention which means that it is legal to seek asylum in Australia, despite the fact if you arrive by boat without a visa. Asylum seekers are perceived as ‘illegal immigrants' because politicians have made it seem so. By keeping the asylum seekers captive in detention centres, we let the public pass judgement on them, assuming that their prisoners who need to be caged up because they have committed an offense. By terminating mandatory detention and the misinterpretation of refugees in the community, the world would be a better place and Australians would actually be proud of who they are and what they stand for.
The Geneva Conventions The Geneva Convention is the core of international humanitarian law and it tries to limit the effects and aftermath of war. The Geneva Convention protects people who do not have any part of the war or do not participate in the hostilities which includes prisoners of war, wounded troops and civilians. The Geneva Convention come with protocols which have been developed through time. Since the Geneva Convention is such a vital link to being civilized and having every country disciplined to it, it would then mean that if any of the protocols has been violated by someone that someone must then be sought, tried or extradited disregarding what nationality that person is to be as
The Convention is the basic international instrument concerning refugee protection (Gibney, 2010). In contractual countries refugees have the right to be free from penalties that illegal arrival would usually incur providing they declare their presence swiftly and prove to have sufficient reason for fleeing their homeland (Plender, 1988). The convention also states that refugees have the right to be protected against forcible return to their homelands where they may face death or persecution (Department of International Protection, 2010). Among those who do not qualify for refugee status are people who have committed crimes against peace or war crimes against humanity (Plender, 1988). Refugee migrations are a growing global concern (Latif, 2010), with the number of the worlds refugees believed to have nearly doubled over the past two decades, due ongoing
Homework Essay Veronica Lee Compare common law and statute law, assessing the effectiveness of each type of law-making process. Laws are a set of rules that are officially recognised, can be enforced and are seen as binding on the community as a whole. These laws are necessary in society to ensure that the protection of the innocent, the rights and the responsibilities are upheld within the community. Without law and order society would be in a state of anarchy, which would consequently jeopardise the safety of the community. The basis of the Australian legal system and its laws are inherited from English law.