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Debeljak on the National Human Rights Consultation Committee in Australia

By Lawrence Solum

Julie Debeljak (Monash University - Faculty of Law) has posted Submission to the National Consultation on Human Rights on SSRN. Here is the abstract:

This submission to the National Human Rights Consultation Committee addresses in turn the three questions posed by the Committee. First, in response to which rights should be protected and promoted, it is argued that Australia should fully and comprehensibly protect and promote within its jurisdiction all of the international human rights obligations it has voluntarily accepted ? that is, economic, social, cultural, civil and political rights. Secondly, in response to whether rights are sufficiently protected, it is argued that Australia lacks effective human rights protections because of its failure to give formal and comprehensive legal recognition to human rights. Thirdly, in response to how human rights could be better protected, it is argued that a human rights instrument based on the Canadian Charter of Rights and Freedoms 1982 (Can), whether by constitutional amendment or a manner and form provision, is preferable. If political realities preclude this, it is argued that the next best alternative is comprehensive statutory protection of human rights modeled on the Human Rights Act 1998 (UK).

Full post as published by Legal Theory Blog on August 18, 2010 (boomark / email).