Australia Bill Of Rights Analysis

A Bill of Rights would protect universal rights not currently protected by Australian law (State Library of NSW 2005, p.9). “The Australian Constitution says little about the relationship between Australians and their governments”, does not contain explicit rights-orientated provisions, nor does it “set out the fundamental rights or aspirations of the Australian people” (State Library of NSW 2005, p.4). Australia is party to seven key international human rights treaties including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities (Law Council of Australia 2016).

137). For example, the mandatory detention of asylum seekers arriving by boat contravenes international law such aspects of article 9 of the International Covenant on Civil and Political Rights “which prohibit arbitrary or unlawful detention and require meaningful judicial supervision of detention” (Saul 2012, p. 699). Another example is the suspension of the Racial Discrimination act under Northern Territory Intervention legislation, which is inconsistent to Australia’s international obligations under the Convention on the Elimination of All Forms of Racial Discrimination (McRae 2012, p. 61). As such, a Bill of Rights would act as an additional mechanism to protect rights where there are shortfalls in the applicable