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Australia and Human Rights Essay

April 13th, 2010 No comments

Human rights are the universally recognised interests, powers, liberties and entitlements associated with respect to human dignity and freedom. The Universal Declaration of Human Rights documents this definition and recognises the existence of Human rights. Since the formation of this declaration numerous treaties and declarations have branched from it developing our understanding of human rights.

International human rights have been developed over many centuries through the generation of customary international law and recently through the multilateral treaties and conventions developed specifically to address human rights issues.

International rights come in several main categories, which include – civil and political rights, economic, social and cultural rights, environmental and peace rights and collective rights to self-determination. The first two categories are the two major categories initially recognised by international law in the mid 20th Century. The next two categories are the newest wave of human rights issues, arisen as a result of the agitation by developing countries.

International human rights can only take effect through domestic law. Thus making it somewhat controversial as it imposes duties on states in relation to individuals within their own territory.

In Australia the executive government initially needs to ratify the treaty, convention or any other international instrument. Afterwards the Australian government, or executive, followed by enactment can directly accept the international instrument in question. The parliament will then incorporate the meaning of the international treaty into the domestic legislation via common law, statutes and in the state and Commonwealth constitutions. Read more…