The making of a precedent: racial discrimination and international human rights law, 1962–1966

Author(s):  
Steven L. B. Jensen
2005 ◽  
Vol 23 (2) ◽  
pp. 243-272
Author(s):  
Maria O'Sullivan

This article examines the debate relating to reparations for ‘past’ human rights violations, with particular focus on the case of the indigenous ‘Stolen Generation’ in Australia. The ‘Stolen Generation’ is a term used to describe the government-sanctioned practice of forced removals of part-Aboriginal children from their indigenous parents and placement into non-indigenous institutions and homes, which occurred in Australia from approximately 1910–1970. The ‘Stolen Generation’ violations present a unique and difficult legal question for international human rights law because they straddle the divide between ‘historic’ violations and contemporary acts, that is, they were committed by Australia after Australia signed key agreements such as the UN Charter, the Universal Declaration on Human Rights, the Declaration on the Rights of the Child and the Declaration on the Elimination of All Forms of Racial Discrimination, but prior to its ratification of international human rights treaties such as the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. This means that bringing a claim under international human rights law in relation to the violations raises a number of problems. The object of this article will be to explore whether Australia can be held responsible under international human rights law for the ‘Stolen Generation’ violations and possible avenues of redress. In this regard, the focus of the article will be on the possible claims victims could make to relevant treaty monitoring bodies and the types of obstacles they would face in doing so. These legal questions are also relevant to the wider debate that is taking place in relation to reparations, namely the extent to which a State can be held legally responsible to provide reparations for past violations.


Author(s):  
Joshua Castellino ◽  
Elvira Domínguez Redondo

This chapter focuses on the extent to which Asian states participate in the general UN human rights machinery. It begins by outlining the positions of Asian states with regards to human rights then discusses the notion of the so-called ‘Asian Values’ debate. This is followed by an examination of Asian states' participation in the human rights treaty and charter-based regime. The final section seeks to undertake a brief survey of the Asian states that have reported on minority rights issues, drawing on the state reports submitted to the UN Human Rights Committee (HRC) and Committee on the Elimination of Racial Discrimination (CERD).


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