Week Ending: 13th October 2017
A Question of Rights
The law in Australia provides rights to individuals in addition to upholding the unconditional rights that are collectively referred to as human rights. A right is simply an entitlement, such as the right to vote and the right to free speech.
Questions to answer
1. What does the term 'Human Rights' mean? How are these human rights recognised by the international community?
2. Draw a diagram to illustrate the different ways in which Australian law recognises our basic rights
3. What is the Victorian Charter of Human Rights and Responsibilities?
4. How does the Victorian Charter of Human Rights and Responsibilities protect the rights of people in Victoria?
5. What is a Bill of Rights?
6. List four arguments for a Bill of Rights
7. List four arguments against a Bill of Rights.
1. What does the term 'Human Rights' mean? How are these human rights recognised by the international community?
2. Draw a diagram to illustrate the different ways in which Australian law recognises our basic rights
3. What is the Victorian Charter of Human Rights and Responsibilities?
4. How does the Victorian Charter of Human Rights and Responsibilities protect the rights of people in Victoria?
5. What is a Bill of Rights?
6. List four arguments for a Bill of Rights
7. List four arguments against a Bill of Rights.
MABO vs The Queensland Government case
The Mabo vs The Queensland Government case is a landmark test case. It overruled the original landmark case from 1976 'Miliirrpum vs Nabalco' that stated that there were no land rights for Indigenous Australians. Now under Australian law Indigenous people have rights to land. The judgement went further to say that Indigenous Australians have always had these rights - this means before colonisation until today. More than that, the judgement from Mabo has had far reaching effects for Australian society.
For more information on Miliirrpum vs Nabalco please see this link: http://en.wikipedia.org/wiki/Milirrpum_v_Nabalco_Pty_Ltd Here are some resources to help you in your investigation about the Mabo case: The first is a timeline: http://www.abc.net.au/tv/mabo/timeline/ Video on the case from ABC: http://www.abc.net.au/tv/mabo/videos/ Also watch the following youtube clip it gives a great quick analysis of Mabo and the effect it has had on Australian Law |
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How does Australia protect those rights?Nationally we have the Australian Human Rights Commission
http://www.humanrights.gov.au/ Question to think aboutEven if a right exists. Can governments still restrict those rights? If so what is an example of a right that is restricted?
Roach vs Electoral CommissionerExtracts and articles about the case of Roach v. Electoral Commissioner (2007) 233 CLR 162.
Newspaper articles: www.theage.com.au/news/national/prisoner-goes-to-high-court-to-win-right-to-vote/2007/04/24/1177180651410.html (25 April 2007) www.theage.com.au/news/national/former-delinquent-takes-on-government-and-wins/2007/08/30/1188067278024.html (31 August 2007) Podcast on ABC National radio (12 June 2007) www.abc.net.au/rn/lawreport/stories/2007/1945622.htm Transcript of the High Court decision (26 September 2007): www.austlii.edu.au/au/cases/cth/HCA/2007/43.html ActivityComplete the following questions.
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Mabo and Vickie Lee Roach - Assessment taskClick on the following link to practice writing answers whilst analysing what others are writing on the same topic. This practice is intended to assist you think about the structure of your writing and the important aspects to each answer.
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