A novel year for human rights in Queensland

2021 ◽  
pp. 1037969X2110172
Author(s):  
Sean Costello
Keyword(s):  
Human Rights ◽  
Torres Strait Islander ◽  
Right To Health ◽  
The Novel ◽  
Demographic Differences ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Human Rights Act ◽  
Novel Coronavirus

In a year of challenges from the novel coronavirus, the new Queensland Human Rights Act was applied in unexpected ways. Its new complaints process was particularly tested by hotel quarantine restrictions. Nonetheless, geographic and demographic differences between Queensland and other human rights jurisdictions are also emerging as especially relevant to how human rights protection will be applied in the state, particularly a new Australian right to health and the cultural rights of Aboriginal and Torres Strait Islander peoples.

Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’

2013 ◽  
Author(s):  
Simon Evans ◽  
Julia Watson
Keyword(s):  
Human Rights ◽  
High Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Key Features ◽  
The Uk ◽  
High Court Of Australia ◽  
The Impact

This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, and then considers the impact of Australia's distinctive legal culture and constitutional structure on the operation of these instruments. In particular, it examines the impact of culture and structure in the decision of the High Court of Australia in R. v Momcilovic [2011] HCA 34; (2011) 280 A.L.R. As a result of that case, key features of the Australian Bills of Rights now diverge from the dominant UK approach, a divergence so striking that it may no longer be possible to identify the Australian Bills of Rights as exemplars of the new Commonwealth model.

19. Human Rights and The UK Constitution

Public Law ◽  
2020 ◽  
pp. 761-816
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter examines human rights protection in the UK. It examines the reasons why the Human Rights Act 1998 (HRA) was enacted, the effects of the HRA, the principal mechanisms through which the HRA affords protection to human rights in UK law; the scope of the HRA; and the debate concerning the potential repeal, reform, or replacement of the HRA. The chapter also introduces the notion of human rights, including the practical and philosophical cases for their legal protection, and the European Convention on Human Rights, to which the HRA gives effect in UK law.

25. International Human Rights Law

2018 ◽  
Author(s):  
Nigel Rodley
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Political Factors ◽  
International Protection ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
Protection Of Human Rights

This chapter considers the background to, and current developments concerning the manner in which international law has engaged with the protection of human rights, including both civil and political rights and economic, social, and cultural rights. It looks at historical, philosophical, and political factors which have shaped our understanding of human rights and the current systems of international protection. It focuses on the systems of protection developed by and through the United Nations through the ‘International Bill of Rights’, including the Universal Declaration of Human Rights, the UN human rights treaties and treaty bodies, and the UN Special Procedures as well as the work of the Human Rights Council. It also looks at the systems of regional human rights protection which have been established.

18. Human Rights and the UK Constitution

Public Law ◽  
2017 ◽  
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter examines human rights protection in the UK. It examines the reasons why the Human Rights Act 1998 (HRA) was enacted, the effects of the HRA, the principal mechanisms through which the HRA affords protection to human rights in UK law, the scope of the HRA, and the debate concerning the potential repeal, reform, or replacement of the HRA. The chapter also introduces the notion of human rights, including the practical and philosophical cases for their legal protection, and the European Convention on Human Rights, to which the HRA gives effect in UK law.

The Protection of Mothers in British and German Constitutional Law: A Comparative Analysis and a Contribution to the Implementation of the European Convention on Human Rights in the Domestic Legal Area

2008 ◽  
Vol 9 (1) ◽  
pp. 27-57
Author(s):  
Diana Zacharias
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Regional Systems ◽  
Before And After ◽  
Social Security Benefits ◽  
German Constitutional Law ◽  
Special Protection

The universal and regional systems of human rights protection recognize that mothers find themselves in situations which require special protection. For instance, Article 10 para. 2 of the International Covenant on Economic, Social and Cultural Rights stipulates that special protection should be accorded to mothers during a reasonable period before and after childbirth and that during such period working mothers should be accorded paid leave or leave with adequate social security benefits.

scholarly journals Perlindungan Hak Asasi Manusia terhadap Narapidana Narkotika Sebagai Warga Binaan Pemasyarakat Menurut Undang-Undang Nomor 12 Tahun 1995 Tentang Pemasyarakatan

Wajah Hukum ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 192
Author(s):  
Sigit Somadiyono ◽  
Nella Octaviany Siregar
Keyword(s):  
Human Rights ◽  
Daily Life ◽  
Correctional Officers ◽  
The State ◽  
Human Rights Violations ◽  
Daily Lives ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
The Government

This research specifically discusses the human rights of prisoners as prisoners in prison, which in their daily lives must be respected, upheld and protected by the state, the law (in this case the Penitentiary Act to be in line with the Human Rights Act), the government through the apparatus is correctional officers and fellow inmates. Prisoners in their daily life can make mistakes and lives that are in contact with human rights violations. The object of this research is the human rights of inmates as prisoners in prison (WBP). The formulation of the problems in this study are (1) How are the human rights protection arrangements for prisoners in prison according to Law Number 12 of 1995; and (2) How is the implementation of human rights protection for narcotics prisoners in prison in East Tanjung Jabung Regency. This study uses Law Number 12 of 1995 Concerning Corrections and other derivative regulations. The results showed that there were differences in the implementation of human rights protection for prisoners with Law Number 12 of 1995 Concerning Corrections. 

The Covenants

2019 ◽  
pp. 396-412
Author(s):  
Bertrand G. Ramcharan
Keyword(s):  
Human Rights ◽  
Preventive Measures ◽  
Social Rights ◽  
Political Rights ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Universal Language ◽  
National Human ◽  
Treaty Body

The adoption of the International Covenants on Civil and Political Rights and Economic and Social Rights in 1966 heralded a new international order grounded in human dignity and freedom. They have contributed to the emergence of a common universal language of human rights and offered a protection shield to millions of people worldwide. However, ideals of the UN Charter, of the 1948 Universal Declaration of Human Rights and of the Covenants are widely flouted. In calling for a modernized approach to human rights protection, this chapter calls for moving beyond a formal, diplomatic ritualism. The concrete application of the Covenants requires that states adhere to their reporting obligations under the treaties, that the treaty body mechanisms pay more attention in the future to urgent, preventive measures to the poorest and most vulnerable sections of population and that national human rights mechanisms be created in each state with the capacity to effectively promote and protect human rights. In doing so, greater attention must be placed on economic, social, and cultural rights.

Economic, Social, and Cultural Rights in Armed Conflict

2014 ◽  
Author(s):  
Eibe Riedel
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
The Relationship ◽  
Two Bodies

This chapter examines the protection of economic, social, and cultural rights in armed conflict under international human rights law (IHRL) and international humanitarian law (IHL). It analyses the relationship between such human rights protection and IHL rules and suggests that, despite the differences in the scope of the applicability of these two bodies of law, they are intricately interwoven and have become more so in recent times. It also compares the implementation mechanisms of IHL and IHRL and shows that human rights procedures are more varied, comprehensive in scope, and potentially more effective.

16. International human rights and refugee law

2019 ◽  
pp. 407-438
Author(s):  
Gleider Hernández
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Customary International Law ◽  
Human Rights Protection ◽  
State Constitutions ◽  
Cultural Rights ◽  
Rights Protection ◽  
Refugee Law ◽  
International Human

This chapter addresses international human rights and refugee law. In 1948, the General Assembly adopted the famed Universal Declaration of Human Rights (UDHR). Many of its provisions have influenced the adoption of major multilateral treaties, or have come to reflect customary international law, at times through influencing the drafting of State constitutions. The UDHR has also been referred to by international courts to give weight, or to interpret, obligations contained in other treaties. Two overarching covenants were also adopted separately in 1966: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). In parallel with the emergence of human rights protection at the international level, several regional frameworks exist. The chapter then looks at the European, American, and African human rights conventions and accompanying institutions.

And Then There Was One: Freedom of Religion in Canada – the Incredible Shrinking Concept

2008 ◽  
Vol 10 (2) ◽  
pp. 197-204 ◽  
Author(s):  
Margaret H Ogilvie
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Supreme Court Of Canada ◽  
Freedom Of Conscience ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Supreme Court ◽  
Human Rights Act ◽  
Religion In Canada ◽  
Constitutional Protections

Defining religion for the purposes of constitutional or human rights protection is a challenge shared by UK and Canadian courts in this era after the enactment of the Human Rights Act 1988 and the Canadian Charter of Rights and Freedoms 1985, respectively: neither defines what is to be protected. Canadian courts have been impressed with this task since 1982 and, unsurprisingly, the Supreme Court of Canada (SCC) has considered the content and scope of section 2(a), the fundamental right to freedom of conscience and religion, on a number of occasions, most recently in Syndicat Northcrest v Amselem. The outcome in Amselem is a salutary reminder that, for post-modern courts, religion can be whatever they want it to be, and, indeed, be nothing in particular, which merits protection or not at the whim of these courts. In Amselem, a 5–4 majority of the SCC reduced religion for Charter purposes to any beliefs which the complainant calls religion and persuades a court to be sincerely held. A court then has the discretion to decide whether to extend legal protection to those beliefs (and their allegedly offensive practice) without giving credible reasons beyond the complainant's sincere belief in them. Amselem may, therefore, be of considerable interest to British lawyers regarding the potential lurking within ostensibly generous constitutional protections for religion ultimately to reduce religion to nonsense undeserving of legal protection.

Sign in / Sign up

Export Citation Format

Share Document