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political rights

the rights that involve participation in the establishment or administration of a government and are usually held to entitle the adult citizen to the exercise of franchise, holding of public office and other political activities

Economic Rights

The entitlements and government responsibilities regarding a person’s material wellbeing, including the right to work, fair wages, housing and social security

Social Rights

Moral or legal entitlements ensuring citizens access basic needs such as healthcare, education, housing and social security

Cultural rights

Protects participation in cultural life

Civil Rights

PRotect individual freedom from unjust government interference: eg: freedom of movement, privacy, equality before the law.

Natural Justice

• principles and procedures that govern the adjudication of dusputes between persons or organisations

  • adjudication should be unbiased

  • individuals should be heard

  • evidence-based decision making

  • Also called procedural fairness

Constitutional Rights

Provide entrenched but limited safeguards:

• s.41 - Right to vote

• s.51 (xxxi) - Protection against acquisition of porperty on unjust terms

• s.80 - Right to a trial by jury

• s.116 - Freedom of religion

• s.117 - Prohibition of discrimination on the basis of state of residency

• + implied rights such as right to political communication - derived from ss. 7 and 24 saying ‘directly by the people’ (Lange v ABC)

Downsides of Constitutional Rights

Entrenched but inaccessible, hard to add to or change, lacking many important freedoms such as privacy, equality, freedom of expression.

Statutory Law Rights:

Legal entitlements created by Acts of Parliament and legislation. PRovide detailed protections and often establish enforcement bodies such as the Australian Human Rights Commission. Flexible and broad, but easily amended or repealed. e.g.: Sex Discrimination Act 1984 (Cth) Protects against discrimination based on sex, sexual orientation, gender identity, and marital status.

Common Law Rights:

Common law rights are developed through judicial decisions over centuries. They protect fundamental freedoms and procedural fairness, especially where statutes are silent.

• Presumption of innocence A foundational principle of criminal justice.

• Right to silence Individuals cannot be compelled to incriminate themselves.

• Right to a fair trial Example: Dietrich v The Queen (1992) established that a fair trial may require legal representation in serious criminal matters.

• Procedural fairness / natural justice Requires decision‑makers to act fairly and give individuals an opportunity to respond. Example: Kioa v West (1985) held that migration decisions must consider procedural fairness.

• Legal professional privilege Protects confidential communications between lawyers and clients.

Human Rights

(United Nations) Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.  Everyone is entitled to these rights, without discrimination.

Married Women’s Property Act 1842

Ended legal doctrine of coverture (WA)

South Australia Constitution Amendment (Adult Sufferage) Act 1894

South Australia was the first place in the world to provide women with the dual rights to vote and stand for election- advance in POLITICAL RIGHTS

Commonwealth Franchise Act 1902 (Cth)

Clth law+international treaty (ICCPR)

Gave women the right to vote and stand for federal parliament (nationally). Made Australia one fo the first nations with full female sufferage. Aligns with article 25 of the Internation Covenant on Civil and Political Rights by:

• Protecting the right to take part in public affairs

• ensures equal participation regardless of sex

Fulfills ICCPR obligations.

Abolition of the Marriage Bar (1966)

• Clth Law + international treaty (ICESCR)

• Allowed married women to remain in th eCommonwealth Public Service

• Ended forced resignation upon marriage

• Enabled career progression, superannuation, and economic independence

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Aligns with the Internation Covenant on Economic, Social and Cultural rights articles 6+7

• Right to work

• Right to equal pay and equal opportunity

• Removing hte marriage bar ensured women could exercise their right to work and advance professionally.

Equal Pay Cases (1969 and 1972)

• statutory law

• increased women’s economic rights.

• 1969 Case the Conciliation and Arbitration Commission ruled women must receive the same pay as men when performing the same work.

• Expanded in the 1972 Equal Pay case, which required equal work for equal value.

• dismantled formal wage discrimination and est. the principle that gender cannot justify lower pay.

Removal of Discriminatory Credit Practices + estb. of the Sex Discrimination Act 1984 (Cth)

• increased economic rights

• until the 70s-80 banks regularly refused to lend a woman money without a male guarantor.

• Courts and regulators began striking down these practices as unlawful discrimination, SDA made it illegal for financial institutions to deny women loans, credit cards or mortgages on the basis of sex or marital status. /made sexual harassment unlawful. Created the Sex Discrimination Commissioner.

• Judicial enforcement of the SDA ensured women gained independent financial identity

• International Treaty link: CEDAW - Article 13(b): equal access to financial credit and bank loans

• SDA international Treaty link: CEDAW Art. 1-5, 11, 12, 13,

  • defines discrimination +requires states to eliminate it

  • protects workplace equality, education, health, and economic participation.

  • SDA is Aus’ main way of implementing CEDAW domestically.

Hickie v Hunt + Hunt (1998)

• A female lawyer was denied partnership opportunities after becoming regnant.

• The Human Rights and Equal Opportunity Commission found ulawful discrimination, estd. principle that:

  • Pregnancy discrimination is sex discrimination.

  • Decided under the SDA

  • increased women’s civil rights

Richardson v Oracle Corporation

Statutory law

Federal court increased damages for a female employee who had been harassed, raising compensation from $18000 to $130,000.

• Marked a turning point by recognising serious psychological harm caused by harassment an set a new national benchmark for damages.

• Influenced later reforms, including the Respect@Work recommendations,

• Confirmed that sexual harassment is a major human rights violation

Collier v Country Women’s association of NSW (2017/2022)

• Reinforced women’s rights to equal participation in public organisations

• common law case.

• Federal Court found that discriminatory internal rules unlawfully restricted a woman’s membership rights.

• This demonstrated that all organisations, including community groups must comply w/ anti-discrimination law, strengthening women’s rights to equal access and participation in civic life.

• Civil Rights

Hurst v State of Queensland (2006)

• Federal court held that a female student with a disability had been denied equal access to education. Although the case also involved the Disability Discrimination Act.

• Reinforced the SDA’s requirement that girls must receive equal educational opportunities, including reasonable adjustments

• Civil rights improvement

R v L (1991)

• Removal of the marital rape exemption, reform driven by courts and later codified into legislation.

• High Court held that marriage does not imply irrevocable consent

• affirmed that women would have full legal rights to bodily integrity within marriage

• Civil rights improvement

• International treaty links: ICCPR Articles 7 + 17

  • Freedom from degrading treatment

  • Protection of bodily integrity and privacy

  • CEDAW article 16

    • Equality in marriage in family relations

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Lee v Smith (2007)

• Clarrified that sexual harassment protections apply fully in small workplaces.

• The Federal Magistrates court found that a female employee had been harassed by her employer and awarded compensation

• strengthened protections for women in vulnerable employment situations.

• Civil Rights furtherment

Workplace Gender Equality Act 2012 (Cth)

• workplace equality advanced

• requires large employers to report on gender equality indicators such as pay gaps, pormotions, and leadership representation.

• Created the Workplace Gender Equality Agency (WGEA), which monitors national progress and drives employer accountability.

• Civil + Economic rights advanced

Paid Parental Leave Act 2010 (Cth)

• provided govt. funded parental leave for primary carers.

• Significantly improved women’s workforce participation and economic security, esp. for low income earners who previously had no access to paid leave.

• international treaty link: CEDAW Article 11(2)

  • Requires maternity protection and paid leave

  • ICESCR - Article 10

    • Protection for mothers before and after childbirth

Respect@Work legislative package (2021-2022)

• passed in response to the national Respect@Work Inquiry

• Created a positive duty on employers to prevent sexual harassment

• expanded the powers of the Aus. Human Rights Commission, strengthened protections in the Fair Work Act, and made sexual harassment a breach of work health and safety laws.

• one of the most comprehensive expansion's of women’s workplace rights in australian history.

• International treaty link: CEDAW - General Recommendation No. 19 and 35

  • Sexual harassment = discrimination+violence

  • States must prevent workplace harassment

  • ICCPR Article 7

    • Protection from degrading treatment

    • Plmnt. modernised Aus laws to meet contemporary international standards on gender based violence.