INternational influence on australia law

Asylum seeker

forced to leave country due to political persecution(Persecution is the act of treating a person or a group cruelly or unfairly over a long time because of their race, religion, political beliefs, or other)

Refugee

 Forced to leave their country due to war , famine , and other reasons

Internally - displaced person 

forced to move within their country due to war , famine , or other reasons

 

(international )Treaty definition

An formal agreement between two or more countries

Difference between bilateral and multilateral treaty

Bilateral ( Between two countries)n

Multilateral (among many)

how does treaty influecne australia

• Can protect enviroment or human rights

Signing a treaty means a australia plans to follow the rules, but they are not forced by law to do so yet

• This can expose australia to political pressure or damage to its reputation if not acted consistently with treaty

Ratificating a treaty

Treaty doesnt become laws even after sign , Parliament examines each treaty to decide what changes are needed to meet its terms , Once its been ratified , treaty is formally bound to provision

Simplified ": Passing an amendment or a national treaty into law.

Affects on ratification on law australia

New laws may be created , or exisiting laws are removed to align with treaty .

Ratification ensures australia ..

Ensures that australias commitment are enforced in domestic law ( rules of country)

reservation

Reservation is a statement that allows country to exclude or lemit the effect of provision ( reservation can be made when ratifying a treaty )

Australia reservation on crc

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• The Exception: It does not fully accept the international rule requiring children in detention to always be kept separate from adults.

• Australia's Justification: The government argues children may be placed with adults if it is in their best interests or if separate facilities are not practical.

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why is it critisized

• Main Criticism: This exception is heavily criticized for risking children's safety and weakening the global protections of the CRC.

Process

• International vs. Domestic Law: A treaty creates a binding obligation at the international level, but it does not instantly become part of a country's internal local law. [1, 2, 3, 4]

• Separation of Powers: The executive government usually signs and ratifies treaties, but only the parliament can make or change domestic laws. [1, 2]

• Passing Legislation: If a treaty requires changes to local rules, the country must pass separate domestic legislation to update its laws and match the treaty promises. [1, 2]

11. Explain how Australia’s age of criminal responsibility conflicts with being a signatory to the United Nations Convention on the Rights of the Child (CRC).                                                                                                        (4 marks)

•  1 mark: Explains that signing/ratifying the CRC shows Australia's voluntary commitment to international human rights standards.

•  1 mark: Identifies and describes Australia's age of criminal responsibility.

•  1 mark: Explains at least one state’s argument for having a lower age of criminal responsibility.

•  1 mark: Links the conflict to the broader tension between international obligations and local, domestic implementation challenges (e.g., criticism of weakening protections).

This tension is illustrated by Australia's state laws in relation to the CRC regarding children in detention. The treaty requires children, defined as a person under the age of 18, to be treated differently to adults in legal cases. Australia has not enforced this statewide, allowing each state to decide on its age of criminal liability. This difference shows that while Australia aligns with the treaty's broad goals, the tension between the federal and state governments under the Constitution’s outline of rights reserved to the states hinders full compliance, leading to criticism that Australia does not fulfil its treaty obligations in full.