Australia and the Birth of the International Bill of Human Rights, 1946-1966Federation Press, 2005 - 306 pagini Australia and the Birth of the International Bill of Human Rights provides the first in depth examination of Australia's first reactions to 'international human rights' during the negotiations for the International Bill of Rights: the Universal Declaration of Human Rights, the ICCPR and ICESCR. It follows Australian policy from 1946, the first year in which the United Nations began discussing a Bill of Rights until 1966 when the twin Covenants were finalized. The book looks at what successive Australian Governments understood by 'human rights' and how they responded to discussion of sensitive domestic topics such as: immigration policies self-determination for inhabitants of trust territories equal pay for men and women and balancing human rights and national security. As well as considering Australian policies towards substantive rights, the book looks at Australian policies towards international schemes for protecting rights including early proposals for an International Court of Human Rights and its later support for more modest, technical expertise based assistance for States, debates often taking place against the background of highly politicised issues such as the Cold War and the fight against apartheid. In looking at this 20 year period, the book demonstrates the way in which Australian policy changed substantially over time: as between Labor and Liberal administrations, between Ministers and bureaucrats and as between decision makers with markedly distinct visions of the ideal relationship between citizens and a State, and the individual State and the international community. In highlighting the diversity of views about human rights, this book thus challenges the notion that Australia has historically supported a universally understood set of human rights norms and underlines the number of variables which may be affecting ongoing implementation of human rights standards. |
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Pagina 4
... Court in 2003 in the case of Minister for Immigration and Multicultural and Indi- genous Affairs v Al Masri made reference to Australia's role in proposing the term " arbitrary detention " in Article 9 of the ICCPR . The Federal Court ...
... Court in 2003 in the case of Minister for Immigration and Multicultural and Indi- genous Affairs v Al Masri made reference to Australia's role in proposing the term " arbitrary detention " in Article 9 of the ICCPR . The Federal Court ...
Pagina 8
... Court of Human Rights . By the mid - 1950s , it considered that such a proposal might violate Article 2 ( 7 ) of the Charter ( the " domestic jurisdiction clause " ) by improperly recognising the individual as a subject of international ...
... Court of Human Rights . By the mid - 1950s , it considered that such a proposal might violate Article 2 ( 7 ) of the Charter ( the " domestic jurisdiction clause " ) by improperly recognising the individual as a subject of international ...
Pagina 10
... courts such as the European Court of Human Rights and the South African Constitutional Court . External and internal pres- sures may also vary , and decision - makers may be more affected by the lobbying of international and national ...
... courts such as the European Court of Human Rights and the South African Constitutional Court . External and internal pres- sures may also vary , and decision - makers may be more affected by the lobbying of international and national ...
Pagina 17
... Court of Human Rights.61 John Humphrey , the first Director of the Human Rights Section of the United Nations Secretariat , ranked Australia as a " second - tier " participant in the pro- cess , behind such states as the United States ...
... Court of Human Rights.61 John Humphrey , the first Director of the Human Rights Section of the United Nations Secretariat , ranked Australia as a " second - tier " participant in the pro- cess , behind such states as the United States ...
Pagina 20
... Court judge before entering politics , Doc Evatt identified support for the United Nations as the number one priority for ensuring Australia's security and stability.73 Distrusting the machinations of great power politics , Evatt built ...
... Court judge before entering politics , Doc Evatt identified support for the United Nations as the number one priority for ensuring Australia's security and stability.73 Distrusting the machinations of great power politics , Evatt built ...
Cuprins
10 | |
28 | |
36 | |
51 | |
Conclusion | 57 |
Chapter 2 | 64 |
Chapter 4 | 75 |
Conclusion | 85 |
Implementation in a federal state | 152 |
Colonial application clause | 166 |
Conclusion | 173 |
From international adjudication | 179 |
From individual to statecentric views | 200 |
Minority rights | 208 |
Responses to the Commission on Human Rights receipt | 225 |
Conclusion | 231 |
27 | 91 |
51 | 97 |
Chapter 3 | 113 |
JURISPRUDENCE OF HUMAN RIGHTS | 114 |
the exceptions to the universal | 132 |
Conclusion | 140 |
Selfdetermination | 235 |
Future predictions | 247 |
The International Bill of Human Rights excerpts | 253 |
Bibliography | 280 |
98 | 295 |
Alte ediții - Afișează-le pe toate
Australia and the Birth of the International Bill of Human Rights, 1946-1966 Annemarie Devereux Previzualizare limitată - 2005 |
Termeni și expresii frecvente
Aboriginal accepted accordance action adopted application approach Article Assembly Australian delegation Australian mission Australian representative authority brief bureaucrats Cablegram Chapter civil and political clause Commission on Human Committee Commonwealth concerning considered constitutional countries Court cultural debate Department of External directed discussion domestic draft economic and social effect equal Evatt existing expressed External Affairs federal freedom given groups human rights Ibid ICCPR immigration implementation included individual instance interests interpretation issue Item jurisdiction legislative limited majority matter means Memorandum Menzies Minister minorities nature negotiations noted objections obligations particular Parties Peace period persons policies political rights present Covenant Press principles proposal protection question quoted reference regarded relation reservations resolution respect response Secretary self-determination Session social rights Spender stance statement territories Third treaty United Nations University vote Whitlam