Teaching Human Rights in QueenslandJackie Charles - BEAQ Conference 2017

“it is essential ... that human rights should be protected by the rule of law”

–Universal Declaration of Human Rights 1948

Rule of Law and Defining Human Rights

...recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,…

…human beings shall enjoy freedom of speech ... and freedom from fear ... [this] has been proclaimed as the highest aspiration of the common people,”

United Nations Universal Declaration of Human Rights (1948)

How do we make Human Rights Law engaging and relevant to all Legal Studies students?

Legal Studies 2017 v1.0

✤ Comprehend the legal concepts, principles and processes of human rights, and Australian laws in national and global contexts

✤ Select current and relevant primary and secondary information and sources

✤ Analyse legal issues and apply legal concepts principles and processes of human rights, and Australian laws in national and global contexts

✤ Evaluate human rights situations and make decisions and propose recommendation/s using legal criteria

Magna Cartahttp://www.magnacartalegacy.org/index.html

Treaties and Declarations

✤ Sec 61 of the Constitution allows Australia to enter into treaties - Executive Power

✤ Signature, ratification and accession by Parliament of treaties - then ‘can’ be reflected in domestic law

✤ State Sovereignty - “Ratification of international treaties does not involve a handing over of sovereignty to an international body. “ and “In the absence of legislation, treaties cannot impose obligations on individuals nor create rights in domestic law” DFAT

✤ International Convention on the Elimination of All Forms of Racial Discrimination 1966 (ICERD)

✤ Declarations are non-binding and therefore not enforceable but can lead to change over time - eg UDHR, Declaration on the Rights of the Child

Human Rights Scrutiny - Cth

• Human Rights (Parliamentary Scrutiny) Act 2011 Cth established Parliamentary Joint Committee on Human Rights - publishes reports every joint sitting week

•International Covenant on Civil and Political Rights (ICCPR)•International Covenant on Economic, Social and Cultural Rights (ICESCR)•International Convention on the Elimination of All Forms of Racial

Discrimination (ICERD)•Convention on the on the Elimination of All Forms of Discrimination against

Women•Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment•Convention on the Rights of the Child•Convention on the Rights of Persons with Disabilities

http://www.ruleoflaw.org.au/guide/rda/index.html

Using Case Studies

•Analyse and apply human rights principles to a variety of case studies by determining the nature and scope of the issue examining viewpoints and consequences

•Evaluate the legal situation using the analysis (above) by presenting alternatives, making decisions or proposing recommendation/s discussing implications for just and equitable outcomes

•Evaluate legal situations to resolve or improve human rights in Australia.

Royal Commissions✤ Royal Commission into

Institutional Responses to Child Sexual Abuse

✤ Bethcar Case Study - state-funded foster care facility established in the 1970s to house disadvantaged Aboriginal children in North Western NSW

✤ Effectiveness of Government response

✤ Indigenous Children

Common Law Protections

✤ Australian Human Rights Commission has a statutory responsibility to resolve complaints of discrimination as outlined in the Discrimination Acts

✤ They can also act as Amicus to assist courts to understand key human rights principles

✤ Very few cases make it to the High Court

http://www.ruleoflaw.org.au/education/case-studies/freedom-expression/

Human Rights Act Qld

“The central aim of a Human Rights Act is to ensure that the government respects, protects and fulfils human rights in accordance with Australia’s international human rights obligations. Therefore, a Human Rights Act must bind the three arms of government: the Parliament, Courts and Executive.” http://www.humanrights4qld.com.au/

In October 2016 the Qld government announced that they will introduce a Human Rights Act into Parliament. The legislation has yet to be introduced.

Rule of Law and Human Rights

✤ Equality before the law is key to analysis

✤ Emphasis on use of power to make and enforce laws and ensuring accountability

✤ Civil rights can be used to guide students

✤ Importance of analysing the law or cases as primary source

Online resources - Qld and Australia

✤ Twitter: follow

✤ Susan Harris Rimmer @FemInt

✤ Benedict Coyne @bennarama

✤ Melissa Castan @MsCastan

✤ Human Rights Law Centre @rightsagenda

✤ Facebook: like

✤ Legal Studies Online Community for Australian Teachers

✤ Castan Centre of Human Rights Law

✤ Australian Human rights Commission

✤ Blogs: subscribe

✤ Anderson Fredericks Turner - week in review very good for case law https://www.aftlawyers.com.au/week-in-review/

✤ Justice and Law Society - University of Qld http://www.jatl.org/