mess ups in practise

Who must states report to for torture and when and what

every four years

CAT

and they must report of judcial and legislative and adminstartive measure they have taken

Under the ICESCR the right to educated maindates states do what

work towards providing free primary educatio and secondary or teritiraay education availbie for all they work towrd this

Describe what a reservation is in relation to a treaty and explain one reason a State might make one.

A reservation is a statement made by a State when it signs, ratifies or accedes to a treaty, in which it excludes or modifies the legal effect of a particular provision as it applies to that State. A reservation cannot be incompatible with the object and purpose of the treaty.

A State might make a reservation because a provision conflicts with its existing domestic law. For example, a State might exclude a requirement to mandate accessible infrastructure in employment because its current legislation does not allow for it or it is not yet able to meet it.

What is the PJHRC

a commite of member from both houses which examine proposed bills aliginment with legislation

Explain how the external affairs power in section 51 of the Australian Constitution allows international human rights obligations to become Australian law. Use an example to support your response.

The external affairs power in s 51(xxix) of the Constitution allows the Commonwealth Parliament to make laws implementing international treaties that Australia has ratified. Ratifying a treaty does not by itself make it Australian law, so Parliament must pass legislation giving effect to its obligations, and s 51(xxix) provides the constitutional authority to do so, even in areas usually controlled by the States.

For example, Parliament relied on this power to pass the Racial Discrimination Act 1975 (Cth), implementing ICERD.

Describe the right of a State to territorial integrity and explain one way it is protected under the Charter of the United Nations.

Territorial integrity is a State’s right to have its borders and territory respected, so that other States cannot invade it, take its land or use force to change its boundaries. This allows the State to remain the supreme authority over its territory and people.

It is protected by Article 2(4) of the Charter of the United Nations, which requires all Member States to refrain from the threat or use of force against the territorial integrity or political independence of any State. If a State breaches it, the matter can be referred to the Security Council, which can authorise measures such as sanctions.

Right to democratic representation

• Source: Implied by the High Court from ss 7 and 24 of the Constitution (“directly chosen by the people”).

• Why it matters: Representative and responsible government depends on people being able to choose their representatives.

• Example: All citizens over 18 can vote in federal elections (Commonwealth Electoral Act 1918 (Cth)). In Roach v Electoral Commissioner (2007) the High Court struck down a blanket ban on prisoners voting.

• Limits: Under 18s, non-citizens and some prisoners (those serving longer sentences) can’t vote.

Australian law reform commision

	What it is: an independent federal statutory body, established under the Australian Law Reform Commission Act 1996 (Cth).
2	Starting point: it reviews existing laws when the Attorney-General gives it a reference to investigate, including laws that affect people’s rights and freedoms.
3	How it investigates: researches the law and consults legal experts and professionals for independent opinions.
4	Community input: engages the community to gather views on how well the law works.
5	Reports: publishes a report with recommendations, freely available to the public.
6	Impact and limit: recommendations guide Parliament towards reform so laws better protect human rights, but they are not legally binding.

Queensland Council for Civil Liberties

The [full name] is an independent, non-government organisation that protects and advocates for human rights by pushing for reform of laws that undermine them. One way it achieves this is through lobbying. It makes submissions to parliamentary inquiries and contacts politicians to advocate for reform on behalf of people whose rights are affected. [Add the distinctive detail in one clause.]

An example of them doing this is campaigns on police laws

Human Rights Law Centre,

Non for profit

The [full name] is an independent, non-government organisation that protects and advocates for human rights by pushing for reform of laws that undermine them. One way it achieves this is through lobbying. It makes submissions to parliamentary inquiries and contacts politicians to advocate for reform on behalf of people whose rights are affected. [Add the distinctive detail in one clause.]

also they run strategic litigation, which is the process of bringing specefic lawsuits to court

Australian Lawyers for Human Rights

The [full name] is an independent, non-government organisation that protects and advocates for human rights by pushing for reform of laws that undermine them. One way it achieves this is through lobbying. It makes submissions to parliamentary inquiries and contacts politicians to advocate for reform on behalf of people whose rights are affected. [Add the distinctive detail in one clause.]

its suggestions carry legal expertise

Amenisty international

Amnesty International is an independent, non-government organisation that advocates for human rights worldwide. One way it achieves this is through research and reports, which document abuses and put public and diplomatic pressure on governments to change. Another way is through public campaigns, such as petitions and letter-writing, which raise awareness and call for the release of people whose rights have been breached