Legal Revision Notes
all from textbook/unit 4 - summary
Glossary
Treaty: formalised agreement between two or more nations about a particular area of mutual interest (such as trade, prisoner exchanges or human rights); often used synonymously with convention, covenant, charter, protocol and/or statute
States: countries recognised as having legal standing under international law as they have a defined territory, one government and a permanent population coupled with the ability to enter into relationships recognised by law with other states
Convention: similar to a treaty but more often on specific matters or issues, and sometimes of a less formal nature; often used synonymously with treaty, covenant, charter, protocol and/or statute
Covenant: similar to a convention in effect and use; often used synonymously with treaty, convention, charter, protocol and/or statute
Multilateral treaty: a formal agreement entered into by more than two nation-states
Bilateral treaty: a formal agreement entered into by two nation-states
Human Rights: Human rights are the basic freedoms and protections that belong to every single one of us and 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. They are: Universal (belong to everyone), Inalienable (cannot be taken away), and Indivisible and interdependent (gov’s can’t pick and choose which to support)
Bill of Rights: A list of the most important rights to the citizens of a country. A bill of rights can either be entrenched (within the constitution) or within legislation passed by parliament. (e.g. Human Rights Act (Qld)
Sovereignty: the concept that a government exercises full control over affairs within a geographical or territorial limit; this means it can pass laws and enforce them within this area and exists as an essentially independent legal and political body in this space
Territorial Integrity: the idea that a state has the right to its own territory and another state should not do anything to infringe that right
Royal Commission: They are the highest form of inquiry on matters of public importance. A Royal Commission is formally established by the Governor-General on behalf of the Crown and on the advice of Government ministers. The government decides the terms of reference, provides the funding and appoints the commissioners, who are selected on the basis of their independence and qualifications. They are never serving politicians. Royal Commissions look into matters of great national importance and usually controversy. They can be about issues such as the treatment of minorities, events of public concern, or economic questions. After the Royal Commission is complete, it is up to the government to respond by passing legislation or changing processes.
International Law: A body of rules established by custom or treaty and recognised by nations as binding in their relations with one another. Key features of international law: Enforceability (or lack thereof) – no international police, prisons, courts, etc; No national legislature/parliament; No hierarchy of tribunals/bodies; Being signatory to United nations Charter & Universal declaration does not = binding legal obligations, whereas conventions DO!
Civil rights: class of rights that protect individual’s freedom from infringement by governments, social organisations & private individuals.
Implied right: right that is not clearly outlined in the Australian Constitution but is suggested or inferred in its text.
Regulated right: a right that is regulated, defined and controlled in legislation.
Protest: statement or action expressing disapproval of or objection to something
Assembly: a group of people gathered together in one place for a common purpose.
Rally: a pass meeting of people making a political protest of showing support for a cause
Demonstration: a public meeting or march protesting against something or expressing views on a political issue
The right to vote: a constitutional or legislated right of eligible citizens to elect a representative to parliament or a local council from a list of candidates.
Reservation: when a nation-state does not wish to be bound by every provision in a treaty so ratifies only the parts of the treaty by which it does agree to be bound. Sometimes states will do this when a treaty contains elements that contradict current domestic law. Example: The US required the right of approval before it would have a matter heard before the International Court of Justice – i.e. The US would not recognise the ruling of the ICJ unless it agreed with that ruling. This came about when it signed the convention on the Prevention and Punishment of the Crime of Genocide in 1986.
Protocol: An additional set of rules or supplement to a treaty that adds to said treaty. A protocol is an international agreement between nations to add/amend to a given treaty.
Legal Criteria
Rule of Law criteria is:
The law should apply equally to all
The government should adhere to and be subject to the law
The law should be such that the people are willing and able to adhere to it
Rule of law is also reflected in art 14(1) of the ICCPR: ‘natural justice’/’procedural fairness’: “all persons shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law”.
The law should provide just and equitable outcomes to a variety of stakeholders
The following characters of an effective law should be satisfied:
Law should be clearly known by the public
It needs to be clear so that judges can apply the law and citizens can follow it
The people should have confidence and certainity in the law (it must be stable, consistent, and predictable)
The law should be prospective (take effect in the future) and not retrospective (back-dated)
The law must be be acceptable to the community
The law should apply equally to all
The law should be capable of being enforced
The law should be rational by
benefitting the country and its people,
being relevant to modern society’s environment
Cases
Toonen v Australia, Merits, Communication No 488/1992, UN Doc CCPR/C/50/D/488/1992 (1994)
Nicholas Toonen was a gay man living in Tasmania.
He challenged sections 122(a), 122(c.) and 123 of the Criminal Code 1924 (Tas).
These sections outlawed sexual acts between men and effectively allowed aspects of his private life to be the subject of police investigation.
He claimed these laws violated Articles 17, 2(1), and 26 of the ICCPR
Tasmania denied that Toonen’s rights under the ICCPR had been violated on the basis that the laws had not actually been enforced against Toonen
Toonen and the Australian Government rejected these arguments and eventually it was recommended that Tasmania changed the laws.
International Bodies and Human Rights
Ratifying/Ratification of Laws
the process of full adoption of the obligations imposed by a treaty or covenant into Australian Law by passing of legislation through the federal parliament that mirrors and enacts the treaty obligations.
Ratification is – the international act whereby a state indicates its consent to be bound to a treaty if the parties intend to show their consent by such and act. The institution of ratification grants states the necessary timeframe to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. In simple terms it is an act by which a State signifies an agreement to be legally bound by the terms of a particular treaty. To ratify a treaty, the State first signs it
Once the appropriate national organ of the country – State or Federal Parliament, the Crown, Head of State or Government, or a combination of these – follows domestic constitutional procedures and makes a formal decision to be a party to the treaty.
The instrument of ratification, a formal sealed letter referring to the decision and signed by the State’s responsible authority, is then prepared and deposited with the United Nations Secretary-General in New York.
…and then fulfils its own national legislative requirements by passing legislation that enforces its obligations on a domestic level.
Example: the International Convention on the Elimination of All forms of Racial Discrimination became a part of the Australian Legal System when the Cth Gov passed the Racial Discrimination Act 1975 (Cth).
Acceding/Accession of Laws
Accession is the act whereby a state accepts the offer of the opportunity to become a party to a treaty already negotiated and signed by other states. Simply, accession’ is an act by which a State signifies its agreement to be legally bound by the terms of a particular treaty already in place.
has the same legal effect as ratification, but is not preceded by an act of signature and is where a treaty is joined that is already in place.
The formal procedure for accession varies according to the national legislative requirements of the State.
To accede to a human rights treaty, the appropriate national organ of a State – Parliament, Senate, the Crown, Head of State or Government, or a combination of these – follows its domestic approval procedures and makes a formal decision to be a party to the treaty.
It will pass laws to the effect that the obligations are enforced.
Then, the instrument of accession, a formal sealed letter referring to the decision and signed by the State’s responsible authority, is prepared and deposited with the United Nations Secretary-General in New York.
The United Nations
In 1945, the leaders of 50 nations came together in San Francisco with representatives from many non-government organisations (NGOs). The meeting took place following the end of WW2 and was held with the determination that the world would never again experience such widespread destruction.
Since its creation, the UN has:
Promoted the idea that everyone has human rights regardless of where they live.
Led numerous peacekeeping operations.
Served as the hub of a massive body of international law.
Enabled dialogue to continue between hostile nations.
Kept all nations as members, even those that have been at odds with the international community.
Acted as a court of world opinion on issues of great importance.
No further world wars have occurred.
Organisation of the UN into Separate Bodies
General Assembly (193 members)
Is like the parliament and voting body of the UN for all member states.
Each country has one vote.
This body makes appointments to other bodies.
It may also make recommendations to the Security Council.
Decides on admission of new members.
Develops UN budget.
Secretariat
Comprises the Secretary-General and tens of thousands of international UN staff members who carry out the day-to-day work of the UN as mandated by the General Assembly and the organisation’s other principal organs.
UN staff members are recruited internationally and locally, and work in all duty stations and on peacekeeping missions all around the world.
International Court of Justice (IJC)
Is the judicial body of the UN and is based in the Hague (Netherlands).
The role of the ICJ is to settle legal disputes submitted to it by nation-states according to the principles of international law.
Security Council
Responsible for the maintenance of international peace and security.
It takes the lead in determining the existence of a threat to the peace or act of aggression.
The Security Council has 15 members consisting of five permanent members (US, UK, China, Russian Federation, France) and 10 non-permanent members.
Each member has one vote and under the UN Charter, all Member States have to comply with the Security Council decisions.
It calls upon the parties to a dispute to settle it by peaceful means and recommends methods of adjustment or terms of settlement.
The Security Council has the power to impose sanctions or even authorise the use of force to maintain or restore international peace and security.
Economic and Social Council
Is the principle body responsible for economic, social, and environmental issues.
It is also in charge of the implementation of internationally agreed development goals and is the UN’s central body for reflection, debate, and innovative thinking on sustainable development.
Trusteeship Council
Established to provide international supervision for 11 Trust Territories and ensure that adequate steps were taken to prepare the Territories for self-government and independence
The UN Charter
Similar to a constitution outlining the rights and obligations of the members
Can only be amended by a two-thirds vote in the General Assembly and the five permanent members of the Security Council
The purposes of the UN are to:
maintain international peace and security
develop friendly relations between nations
cooperate in solving international problems of an economic, social, cultural, and humanitarian nature
promote respect for human rights.
Also states that the UN should act in accordance with the following principles
the sovereign equality of it’s members
the peaceful settlement of international disputes
refraining from the threat or use of force against any nation
non-intervention in matters within the domestic jurisdiction of any nation
Article Examples:
Article 2.1: The Organisation is based on the principle of the sovereign equality of all its Members
Article 2.4: All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the UN
Article 2.7: Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.
Magna Carta
This is an important legal document that created a separation between the monarch (king or Queen) and the parliament.
Considered the cornerstone of human rights protections in the English-speaking world.
In 1215, King John of England was facing much criticism and was accused of violating ancient laws and customs, so was forced to sign the Magna Carta in 1215.
Whilst the provisions of the Magna Carta have not been imported ‘word for word’ into Australian Law, any law that sought to contradict he principles an rights protections of the Magna Carta would be viewed with scepticism and caution even today.
It prescribed a number of important rights to prevent Kings and Queens from not following established legal processes and handing out punishments and acting in a manner that they saw fit:
All are equal before the law (including the kin); all laws must be passed in conjunction with parliament,
the king must not interfere with matters of the church,
any person accused of a crime must be brought before the court and all are entitled to judgement by their peers
property could not be confiscated at will without appropriate compensation.
no excessive taxation.
International Human Rights Treaties and Conventions
Universal Declaration of Human Rights (1948)
In 1948, the UN General Assembly adopted the UDHR
Not a legally binding document - only aspirational.
This declaration represents basic human rights and protections inherent to every human being and has been endorsed by all countries.
Written by representatives with different legal and cultural backgrounds
The UN defines it as "a common standard of achievement for all peoples and all nations" to be constantly strived for.
Article Examples:
Article 1: All human beings are born free and equal in dignity and rights …
Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status
Article 3: Everyone has the right to life, liberty and security of person …
Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination …
Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him …
Article 13(1): Everyone has the right to seek and to enjoy in other countries asylum from persecution …
Article 16(1): Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution …
Article 18: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20(1): Everyone has the right to freedom of peaceful assembly and association.
Article 26(1): Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit …
International Covenant on Civil and Political Rights (ICCPR)
Came into force 1976
ICCPR not expressly included in Australia’s domestic law as single piece of legislation despite obligation to do so under Art 2 and UN Human Rights Committee’s recommendation to do so.
Commits its parties to respect a number of important civil and political rights.
Most rights are not absolute and are subject to limitations for legitimate purposes.
These include the rights of an individual to life, freedom of assembly, electoral rights, freedom of religion, freedom of speech, a fair trial and due process.
Article Examples:
Article 21 The right of peaceful assembly shall be recognized.
No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
Article 22 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.
Article 14(7)
Once a judge or jury finds a person not guilty, he or she is acquitted of that offence and can never be tried for the same offence again.
Article 25: Every citizen should have the right and the opportunity, without any of the distinctions mentioned in Article 2 and without unreasonable restrictions:
a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
b) To vote and to be elected at genuine periodic elections which shall be held by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; and
c) To have access, on general terms of equality, to public service in this country.
The right to freedom of thought, conscience, and religion is recognised in Article 18 of the ICCPR which protects not only the traditional religious beliefs of the major religions but also non-theistic and atheistic beliefs as well as the right to profess any religion or belief.
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Came into force in 1976
Aus yet to fully implement into Australian Law despite there being no reservations or declarations made upon ratification & recommendation by the United Nations Committee on Economic, Social and Cultural Rights.
Commits its parties to work towards the granting of economic, social, and cultural rights.
This includes the labour rights, the right to self-determination, freedom from discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Also protects the right to housing and health, education, and adequate standard of living.
UN Convention on the Rights of the Child (UNCRC)
Came into force 1989
Set out the civil, political, economic, social, health, and cultural rights of children.
A child is defined as any human being under the age of 18, unless the age of majority is attained earlier under a country’s own legislation. Every child is deemed to have basic rights, including the right to life, to be raised by their parents within a family or cultural grouping, and to have a relationship with both parents, even if they are separated. Children also have a right to their own name and identity. It also requires signatories to provide for separate legal representation for a child in judicial disputes concerning their care and asks that the child’s viewpoint be heard and prohibits capital punishment for children.
Article Examples:
Article 1
Everyone under 18 years of age has all the rights in this Convention
Article 3
All organisations concerned with children should work towards what is best for each child
Article 8: Governments should respect a child’s right to a name, a nationality, and family ties
Convention Relating to the Status of Refugees 1951 and Protocol Relating To the Status of Refugees (Refugee Convention)
Elaborates on Article 13 of the UDHR.
Recognises the right of persons to seek asylum from persecution in other countries.
It defines who is a refugee and outlines what asylum is and the rights of individuals granted asylum. Also details the responsibilities of nations that grant asylum.
Article Examples:
A2: imposes the duty of refugees to conform to the laws and regulations and measure taken by the hosting country to maintain public
A33: non-refoulement, requiring states to not send refugees back to where they will be at risk of persecution
International Convention on the Elimination of All Forms of Racial Discrimination 1966 (ICERD)
Commits parties to the elimination of all forms of racial discrimination.
Extreme anti-Semitism (hatred towards the Jewish race) resulted in the UN General Assembly Resolution 1510 which condemned “all manifestations and practices of racial, religious and national hatred” and called governments to take “all necessary measures”. This resolution influenced the creation of the ICERD
Discrimination is defined by the Human Rights Commission as when and individual or group ‘… is treated less favourably than another person or group because of their background or certain characteristics’.
Requires the elimination of racial segregation and the decriminalisation of incitement of racial hatred as well as the promotion of understanding and tolerance.
International Court of Justice (ICJ) CERD COMMITTEE:
CERD Committee established to monitor member states compliance with CERD.
18 representatives from various countries examine reports provided by member states at regular intervals & make recommendations for improvement, concerns and in some circumstances openly criticise nations (thereby providing accountability).
Recommendations raised by CERD committee in Aus context include: addressing disproportionate outcomes suffered by Indigenous peoples in criminal justice system & greater support require for Aus Human Rights Commission (AHRC). Concerns raised by CERD committee:” low number of racial discrimination cases & unresolved Indigenous land claims.
Convention on the Elimination of All Forms of Discrimination Against Women 1979 (CEDAW)
Outlines non-discrimination requirements and women’s rights, with an emphasis on political life, representation, and rights to nationality, education, employment, and health.
It also details women’s right to equality in marriage and family life, along with the right to equality before the law
Convention on the Rights of Persons with Disabilities (CRPD)
Not on syllabus, but good contextual knowledge
Adopted on the 13th December 2006.
Seeks to consolidate and "clarify how existing international human rights obligations apply to people with disabilities."
Article 1: Purpose: The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their dignity.
Optional Protocol to the Convention on the Rights of Persons With Disabilities Allows Individuals to File Complain to the Committee on the Rights of Persons with Disabilities. Outlines rules of evidence and process.
Committee on the Rights of Persons With Disabilities:
Monitors implementation of CRPD by member states:
Reports required to be given to Committee.
Feedback given to Australia in 2013: (see positive on p 347)
Recommendations:
End of use of prisons for management unconvicted persons with disabilities (Art 14)
Uniform national legislation prohibiting sterilisation without prior, fully informed and free consent (Art 17)
Provision of resources to enable those with disabilities to live in their own communities. (Art 19)
Investigates complaints from individuals
Undertakes inquiries of grave and systemic violations of CRPD
Australian Law
Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)
The purpose of the act is to ensure future Cth laws' consistency with obligations in certain International Conventions
Two Aspects of Act:
Statements of Compatibility Must be prepared by member of Parliament proposing bill ( this assesses whether Bill compatible with Human Rights) – there similar obligation on makers of rules under delegated legislation). Unless the human right is within one of these seven international instruments it is not under scrutiny by under the Act:
ICCPR
ICESCR
ICERD
CEDAW
UNCAT (United Nations Convention Against Torture)
CRC
CRPD
Establishment of Parliamentary Joint Committee on Human Rights (PJCHR) consisting of 5 members from each House of Parliament (Federal)
Function is to examine Bills and Acts for compatibility with Human Rights
SOC (as in 1) assists PJCHR
No SOC or final report by PJCHR doesn't invalidate legislation (it's just a dialogue of awareness between the parties)
In addition to the Parliamentary Scrutiny Act the process by which administrative decisions are made in government may be subject to review by judiciary in Australia.
The High Court in Minister of State for Immigration & Ethnic Affairs v Ah Hin Teoh [1995] HCA 20]: There is a legitimate expectation that decision makers "[will] act in accordance with the convention on the Convention on the Rights of the Child" and had not done this. The decision maker (Immigration Minister acting on advice of Immigration review panel) was required to inform Teoh if he intended to act in manner inconsistent with expectation laid out in CRC.
Racial Discrimination Act 1975 (Cth)
Human Rights Promoted by RDA:
It is unlawful to insult, humiliate, offend or intimidate (i.e. racial hatred) on basis of race, colour, descent, national or ethnic origin (s18C)
Unlawful to discriminate on basis of race in:
Access to places & facilities (s11)
Land housing & other accommodation (s12)
Goods and services (s13)
Trade union membership (s14)
Employment (s15)
Advertisement (s16)
Complaints are made to the Australian Human Rights Commission
Individuals can apply to federal court to have allegations heard and determined (as per Article 6 of CERD - "everyone has opportunity to access effective protection from discrimination & seek adequate reparation or satisfaction from tribunals for any damage suffered")
Sex Discrimination Act 1984 (Cth)
Upon signing CEDAW, Aus obligated to:
Incorporate equality in legal system & legislation
Abolish discriminatory laws
Establish formal processes to protect against discrimination
Eliminate discrimination by individuals and organisations.
The Sex Discrimination Act 1984 = 1984 key legislation (in addition to states and territory legislation) making discrimination on basis of sex unlawful. SDA gives partial effect to CEDAW.
Section 3: The objects of this Act are (a) to give effect to certain provisions of CEDAW.
Act prohibits sex discrimination on grounds of:
Sexual orientation (s5A)
Marital/relationship status (s6)
Pregnancy or potential pregnancy (s7)
Family responsibility in areas of: employment, education, accommodation etc
Disability Discrimination Act 1992 (Cth)
Disability Discrimination Act 1992 (Cth) predates CRPD but incorporates KEY human rights anyway
Protects against direct & indirect discrimination on basis of disability
Disability defined (s4) as:
Loss of body/mental function, loss of part of body, disease, illness, malfunction, malformation, disfigurement, learning differently as result of disease or malfunction,
Disorder/illness/disease affecting:
Thought processes/perception of reality/emotions/judgement/disturbed behaviour
Unlawful to discriminate in:
Employment (s15-21B)
Education (s22)
Access to infrastructure (buildings, shops, hospitals) (s23)
Provision of goods, services & facilities (s24)
Accommodation (s25)
Land (s26)
Membership of clubs & incorporated associations (s27)
Sport (s28)
Admin of Cth laws and programs (s29)
Act administered by Australian Human Rights Commission can:
Investigate & conciliate complains
Can grant exemptions (s55)
Case example: AHRC denied application by QLD government to purchase non-compliant trains (2018).
QLD Legislation:
Anti-Discrimination Act 1991 (Qld) & Human Rights Act 2019 (Qld) - supports objectives of CRPD. Individuals/groups can also take legal action.
Case example of limits on legislation: Lyons v Qld [2016] HCA 38 - Section 4(3)(l) authorises ineligibility for jury service on basis of disability
Constitutional Rights
Express Rights
The Australian Constitution does not have a comprehensive Bill of Rights.
The Australian Constitution includes these express rights (rights that are clearly written in the constitution):
Section 80 - guarantees the right to trial by jury for charges on indictment (although the High Court has severely limited the protection offered by this provision(5) – it is limited by the fact that the trial must be on indictment and against a law of the Cth). This also includes the right to unanimous verdicts)
Cheatle v R [1993] HCA44 - The most recent analysis of section 80 occured in CvR. The Cheatles had been charged in SA with conspiracy to defraud the Commonwealth. Section 57 of the Juries Act 1927 (SA) provided for a majority verdict by ten or eleven jurors. The Cheatles were convicted based on a majority verdict. They appealed and argued that unanimity was an indispensable feature of trial by jury, according to long-established notions which continued to apply up to the time the Constitution was enacted. The High Court unanimously accepted the appellants argument.
Section 116 The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.
Section 117 prohibits the imposition of 'any disability or discrimination' on account of State residence. This is right against discrimination on basis of out of state residence.
Section 92 provides that 'trade, commerce and intercourse among the States ... shall be absolutely free'. This is the right to free trade between states
As a consequence of section 51(xxxi), the Commonwealth may only acquire property on 'just terms'. (i.e. the government has to pay you a fair price if they are going to take your property)
Implied Rights
Rights that are ‘hidden’ within the Constitution are implied rights. They are found by ‘reading' between the lines’
Freedom of Political Communication
In Theophanous v Herald & Weekly Times Ltd (1994) - regarding Lange v ABC (1997) the judges stated stated: "Freedom of communication on matters of government and politics is an indispensable incident of that system of representative government which the Constitution creates by directing that the members of the House of Representatives and the Senate shall be "directly chosen by the people" of the commonwealth and states, respectively … ss7 and 24 (of the constitution) and the related sections of the constitution necessarily protect that freedom of communication between the people concerning political or government matters which enables the people to exercise a free and informed choice as electors."
Hogan v Hinch (2011) provided the test to determine the validity of legislation: [case facts: radio report publishing sex offender information in contravention of Act]
(1) Does law effectively burden freedom of political communication about government or political matters?
(2) If so, is law reasonably appropriate and adapted to serve legitimate end in manner compatible with maintenance of constitutionally prescribed system of representative and responsible government?
Clubb v Edwards; Preston v Avery [2019]: [case facts: Acts prohibited anti-abortion activities within 100m of Abortion clinic - pamphlet handing out attempt] - confirmed above.
Sections 7 & 24 of the Australian Constitution set out Senate and House of Reps are to be "directly chosen by the people". The right to vote is therefore implied as a necessary step for these provisions in the constitution to be satisfied.
Roach v Electoral Commissioner (2007). HCA said restrictions on the right to vote had to be for a legitimate end and had to be proportionate to achieving that end. New removal of right to vote for all prisoners regardless of sentence duration invalid - original Electoral Act 2006 exclusion of over 3 years valid.
See also - Rowe v Electoral Commissioner [2010] regarding time limits in enrolling to vote being invalid.
Human Rights in Australian Contexts
Notes
Protection of Civil Rights
We have a limited number of civil rights in the Australian Constitution
Most of our civil rights are founded in the common law, expect for the notable exception of various forms of rights against discrimination.
Common Law
Common Law rights are made by Judge’s decision. The presumption of innocence is an important common law right.
Common law though, is reactive, ie: it waits to resolve problems presented to the courts. An example of this is the Mabo decision, which gave ATSI’s Native Title rights.
Common law forms a body of precedent which is used to guide judges within the same court hierarchy in their decision making
Common law incorporates customary law and centuries of custom into its decisions
Common law is flexible and can be adapted to the cases and situations presented to the court
Not all human rights are included in common law and unless they are enacted in legislation, they may be difficult to enforce
Common law may be a weak instrument to enhance human rights as parliaments may pass new legislation which overturns a decision made in court.
Legislation passed by the State and Commonwealth governments which expands common law rights include:
The rights of women
The rights of the child
The right to a healthy environment
The right not to be discriminated against
Common Law Rights in Australia
The right to a court hearing
The right to compensation for property resumed by government
The right to refuse access to information given to a lawyer in confidence as a client
The right to refuse to give evidence which incriminates oneself
The right to challenge a penalty or sentence imposed by a court outside what is allowed by statute
The right to freedom of speech and movement
The right to a fair hearing when accused of a public offence
The right not to be detained or imprisoned unlawfully
The right to legal representation when accused of a serious crime
The right to religious worship without interference
The right to sue for interference with your property rights
The right to sue governments and government authorities
Civil Proceedings
Civil proceedings in the Australian legal system are generally adversarial (parties to a dispute oppose each other).
Federal and State Governments provide the framework of legal rules and pay for the tribunals and courts which hear and decide the disputes between members of the community.
The main features of the Australian legal system which ensure equality, independence, and impartiality in legal proceedings are:
Rules for the conduct of the proceedings (e.g. court rules);
The rules of evidence (these decide the evidence which can be presented to the court/tribunal); and
Access to legal representation; and
An independent judicial system (judges and tribunal members who make independent and impartial decisions).
Criminal Proceedings
Presumption of Innocence: This principle means that a person accused of a crime is considered innocent until proven guilty. It places the burden of proof on the prosecution, ensuring that the accused does not have to prove their innocence.
Right to Silence (When Arrested): When a person is arrested, they have the right to remain silent to avoid self-incrimination. This protects individuals from being compelled to testify against themselves.
Right to Procedural Fairness in the Pre-Trial Phase: This right ensures that legal procedures before the trial, such as investigations and arrests, are conducted fairly and justly, protecting the rights of the accused.
Right to Trial by Jury for Serious Offences: For serious criminal charges, the accused has the right to be tried by a jury of their peers, ensuring community participation in the judicial process and safeguarding against potential biases of a single judge.
Right to Procedural Fairness During Trial: During the trial, the accused is entitled to a fair process, including the right to remain silent and the right to a defence. This ensures that the trial is conducted justly.
Right Against Double Jeopardy: This right protects individuals from being tried twice for the same offence once acquitted or convicted, preventing the state from repeatedly prosecuting someone for the same crime.
Right to Appeal: After a conviction or sentencing, the accused has the right to appeal the decision to a higher court. This provides a mechanism for correcting judicial errors and ensuring justice.
Attributes of a Fair Trial
Trial by Jury:
The right to trial by jury ensures that serious criminal charges are decided by a group of impartial peers, providing a check against potential biases of a single judge and incorporating community values into the judicial process.
This right only applies to the more serious indictable offences that are heard in the superior courts such as the District or Supreme Courts.
Minor summary offences are dealt with in the lower courts or the Magistrates Courts
This is a limited right dependant on the nature of the offence.
Superior Court: a higher court of record or general jurisdiction; a state Supreme Court
Lower Court: the first court in a hierarchy; the Magistrates Court
Right to Silence:
This right allows individuals to refuse to answer questions or provide information to authorities, protecting them from self-incrimination and ensuring they are not compelled to testify against themselves.
The right to silence has two aspects:
The right of a suspect not to answer questions asked before a trial (pre-trial silence); and
The right of an accused person not to give evidence in his or her defence at trial (at trial silence).
The responsibility of the State to ask questions is matched by the right of the suspect, or an accused, not to answer them.
The reasons for the right to silence include:
It protects the innocent defendant from convicting himself by a bad performance on the witness stand;
It spurs the prosecutor to carry out a complete and competent independent investigation; and
It contributes towards a fair state/individual balance by requiring the government to leave the individual alone and requiring the government in its contest with the individual to shoulder the entire load.
Principle of Double Jeopardy:
This principle prevents an individual from being tried twice for the same offence once acquitted or convicted, safeguarding against repeated prosecutions and potential abuse of the legal system.
No one shall be liable to be tried or punished again for an offence for which he or she has already been finally convicted or acquitted in accordance with the law and penal procedure for each country.
Article 14(7) International Covenant on Civil and Political Rights 1966 (ICCPR): Once a judge or jury finds a person not guilty, he or she is acquitted of that offence and can never be tried for the same offence again.
Right to Legal Representation:
The right to legal representation ensures that individuals accused of crimes have access to a lawyer to help defend their case, which is crucial for a fair trial and the proper administration of justice.
Article 11 of the Universal Declaration of Human Rights states: Everyone charged with a penal offence has the right to be presumed innocent until proven guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
It has been asked how a fair trial can occur if the accused is not given skilled legal representation.
The High Court considered this question in Dietrich’s case, where Dietrich was convicted after a 40 day trial in which he was legally unrepresented. The High Court found that there was no absolute right to legal representation through the provision of legal counsel at public expense, but, it held that in criminal trials for serious offences, where the judge felt an accused could not get a fair trial due to lack of legal counsel, the judge could stay (stop a trial) until legal representation could be obtained. In Dietrich’s case the majority of the High Court (5:2) quashed his conviction and ordered that there be a new trial.
Summary and Indictable Offences
In Queensland the majority of criminal laws have been codified in the Criminal Code Act 1995 (Qld).
The Code covers a range of offences relating to violence, sex offences, property, fraud, arson, corruption, breaches of the peace and others.
Summary offences in the Code include disorderly behaviour, traffic offences, and minor criminal offences and misdemeanours.
More serious indictable offences mentioned in the Code such as murder, rape, robbery, assault and break and enter are referred by the Magistrates Court to the higher courts for trial by jury.
The Jury Act 1995 (Qld) provides for the selection and composition and role and responsibilities of juroros.
Trials by Judge Alone
Some indictable offences can be heard by a judge alone instead of by a judge and jury.
The prosecution or the defence may apply to the court for a no jury order under section 614 of the Criminal Code (Qld).
If the application is from the prosecution then the accused must agree to the court granting a judge-only trial. The judge decides whether the order should be made and applies an ‘interests of justice’ test. That is the judge only permits this mode if it is in the interests of justice under section 615(1) of the Code.
Sometimes it is argued that the interests of justice cannot be served by a trial by jury if:
The trial would be unreasonably burdensome on a jury because of its length and complexity
There is a possibility of offences against jury members
There has been significant pre-trial publicity that would compromise the principle of a fair trial.
Prisoner’s Rights
A sentenced prisoner has the right to apply for transfer to another prison, including an interstate prison
Qld prisoner’s still have their basic human rights and entitlements protected by common law and the Acts mentioned previously, including
The right to a lawyer
The right to information
The right to vote
The right to medical attention
The right to make a complaint
The right to complain about discrimination
The right to complain about health services
The right to sue for damages
The right to apply for a transfer to another prison, including an interstate prison
Prisoners serving 3 years or less have the right to vote in federal elections and referenda but cannot vote in Qld state or local elections.
Express Rights
An express right is a right explicitly written and guaranteed in a legal document, such as a constitution. These rights are clearly defined and detailed within the text, leaving little room for interpretation about their existence or scope.
Examples
Right to Trial by Jury (Section 80): This section guarantees the right to a trial by jury for indictable offenses under Commonwealth law.
Freedom of Religion (Section 116): This section prevents the Commonwealth from making any law establishing a religion, imposing any religious observance, or prohibiting the free exercise of any religion
Protection against Discrimination on the Basis of State of Residence (Section 117): This section ensures that residents of one state cannot be discriminated against by the laws of another state
Acquisition of Property on Just Terms (Section 51(xxxi)): This section mandates that the Commonwealth can only acquire property from any state or person on just terms.
Interstate Trade and Commerce (Section 92): This section guarantees that trade, commerce, and intercourse among the states shall be absolutely free.
The interpretation of express rights in the Australian Constitution is the responsibility of the High Court of Australia. The High Court has the authority to interpret the meaning and scope of these rights and to adjudicate on disputes involving their application.
An example of a limitation to an express right can be seen in the right to freedom of religion under Section 116. While this section restricts the Commonwealth from enacting laws that prohibit the free exercise of any religion, it does not necessarily prevent states from enacting similar laws. Additionally, this freedom is not absolute; it can be limited by laws that serve a legitimate purpose, such as public safety or order, provided these laws do not specifically target religious practices. By these interpretations and applications, the High Court ensures that express rights are balanced with other legal and societal needs.
Implied Rights
An implied right is a right that is not clearly outline in the Constitution but suggested or inferred in its text.
The High Court has inferred a freedom of political communication primarily from sections 7 and 24 of the Constitution. These provisions require that members of the Parliament be 'directly chosen by the people'. (Lange v Australian Broadcasting corporation 1997)
Rights in Civil Contexts
The Right to Protest, to Freedom of Assembly and Association
Australia is a signatory to the ICCPR. The right to peaceful assembly protects the right of individuals and groups to meet and engage in peaceful protest. The right to freedom of association protects the right to form and join associations to pursue common goals.
There is no express right in the Australian Constitution to either of these rights, although there is an implied right to freedom of political communication, set out by the High Court in Lange’s case.
The right to protest and hold a peaceful assembly in Queensland is governed by the Peaceful Assembly Act 1992 (Qld).
Peaceful public assembly is defined in the Act as any rally or demonstration held in a public place, including those that move between an assembly point and another location.
The right to protest and freedom of assembly in Queensland is a regulated right that is restricted under Qld law.
The Peaceful Assembly Act 1992 (QLD) requires that any public protest or assembly must be authorised by the police and other relevant local authorities.
Protests
In the Australian community, individuals and groups frequently exercise the right to assemble and associate for peaceful protest or to form associations to pursue common goals.
These activities occur freely although they can be affected by laws about when and where such gatherings take place or the nature of the goals they hope to achieve.
For example, permits are generally required where protests such as street marches occur, because they can affect other people going about their lawful businesses.
There have been occasions permits have been refused because governments have opposed the views of the protestors.
Freedom from Discrimination
There are a number of laws from all levels of government to help protect people from discrimination and harassment.
Queensland’s primary law is the Anti-Discrimination Act 1991 (Qld).
Commonwealth and state/territory laws generally overlap and prohibit the same types of discrimination.
Forty years ago the Commonwealth enacted the first federal human rights and discrimination legislation – Racial Discrimination Act 1975 (Cth). This was a new commitment to multiculturalism and reflected ratification by Australia of the International Convention on the Elimination of all Forms of Racial Discrimination.
The Australian Human Rights Commission (AHRC)
Set up in 1986, the purpose of the AHRC is to provide a forum where persons who have been the subject of discrimination, can go seek a remedy.
The AHRC has wide ranging powers to receive complaints where there are breaches of human rights within its jurisdiction. Its jurisdiction extends to any Commonwealth body or agency and discrimination in employment covered by the Fair Work Act 2009 (Cth).
Complaints must be made in writing to the AHRC which decides if it has the jurisdiction to deal with the matter then reviews the complaint to see if it should be terminated or if it will be suitable for conciliation.
If the complaint cannot be conciliated it will be terminated by the President of the commission.
A complainant may then take the matter to the Federal Court of Australia or the Federal County Court.
All the states and territories have similar commissions with statutory powers under the state acts to hear complaints.
There have been many instances of successful actions taken by individuals to seek redress for alleged discrimination, particularly in the workplace.
Right to Democratic Representation
Democratic representation is provided for in the Australian Constitution.
The political idea of representation is based on the principle of representative government, where the people elect others to represent their beliefs, attitudes and perspectives in parliament and local councils across the country.
This occurs through the electoral process and requires that Australians also have the right to vote.
The idea underpinning democratic representative government is the concept of government of the people, by the people, for the people.
The right to democratic representation in Australia is exercised through the ballot box.
The Right to Vote
ICCPR – Article 25:
Every citizen should have the right and the opportunity, without any of the distinctions mentioned in Article 2 and without unreasonable restrictions:
a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
b) To vote and to be elected at genuine periodic elections which shall be held by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; and
c) To have access, on general terms of equality, to public service in this country.
Australia is also a signatory to the Universal Declaration which the right to vote is set out in Article 21
Once elected the representatives of the people are delegated responsibility by the people who elected them to perform certain functions, including:
Deciding who will form government
Making laws in the best interest of the people, country, state or territory
Debating and investigating issues on behalf of the people (constituents) they represent
Making representations on behalf of their constituents to the government and the public service
Monitoring the expenditure of public money and the actions of the government
Compulsory Electoral Enrolment
According to the Museum of Australian Democracy website, the Commonwealth Electoral Act 1911 (Cth) introduced compulsory electoral enrolment for all Australians who are eligible to vote.
Compulsory voting was first advocated by Alfred Deakin shortly after Federation, but voting remained voluntary at the first nine federal elections.
Proponents or compulsory voting argue that it teaches citizens the benefits of participation in political and parliamentary representation.
Since the introduction of compulsory voting in 1924, the turnout at Australian elections has never fallen below 90 per cent.
Definition of Religion
In The Church of the New Face v Commissioner for Pay-roll Tax (Vic) (1983) 154 CLR 116 (the Scientology case), Mason ACJ and Brennan J proposed the following criteria for the existence of religion:
The criteria of a religion are twofold: first belief in a supernatural Being, Thing or Principle; and second, the acceptance of canons of conduct to give effect to that belief, though are canons of conduct which offend against the ordinary laws are outside the area of any immunity, privilege or right conferred on the grounds of religion. Those criteria may vary comparative of importance, and there may be a different intensity of belief or of acceptance of canons of conduct among religious or among the adherents to a religion.
In the above case the High Court decided that the Church of the New Face, whose faith was based on scientology, was a religion and therefore could be exempt from payroll tax, despite two earlier decisions to the contrary.
Freedom of Religion and the Constitution
The Australian Constitution provides, s116, that:
The Commonwealth shall not make any law for establishing any religion, or imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office of public trust under the Commonwealth.
The inclusion of the right to religious freedom in the Australian Constitution provides this right with constitutional protection from statutory encroachment.
There are four prohibitions contained in s116:
Establishment
Observance
Free exercise
Religious test
It stops the Commonwealth from passing laws that would establish a religion or prohibit the free exercise of religion, but does not explicitly create a person or individual right to religious freedom.
Queensland protects these rights under the Anti-Discrimination Act 1991 (Qld) making it illegal to discriminate a person based on their ‘religious beliefs’.
The legal protection offered under state law must take into account Article 18(3) of the International Covenant on Civil and Political Rights.
The right to freedom of thought, conscience, and religion is recognised in Article 18 of the ICCPR which protects not only the traditional religious beliefs of the major religions but also non-theistic and atheistic beliefs as well as the right to profess any religion or belief.
Resolving Human Rights Complaints
Resolving Complaints
Legal Processes to resolve complaints include:
Carrying out protesting or lobbying campaigns to draw the attention of the international human rights community or the Australian Public to an issue occurring in Australia.
Lodging a complaint with the Australian Human Rights Commission (AHRC), Queensland Human Rights Commission (QHRC) or a relevant United Nations Committee. (Will look at next week in more detail)
Taking court action in a Federal or State Tribunal or Court
Lobbying/protesting for human rights
The concepts of lobbying and protesting can be quite broad and can have both positive and negative implications.
If done ethically, it can lead to positive outcomes for society, but if a persons’ motivations are to further their own interests it can have negative impacts.
Ethical Lobbying
Ethical lobbying is viewed by the Queensland Integrity Commissioner (QIC) as being:
… a legitimate activity and an important part of the democratic process. Lobbyists can help individuals and organisations communicate their views on matters of public interest to the government and opposition and, in doing so, improve outcomes for the community as a whole.
A human rights complaint can be brought under various federal Acts, depending on the nature of the alleged breach. These complaints are heard in the Federal Court.
Sex Discrimination Act 1984 (Cth)
Disability Discrimination Act 1992 (Cth)
Racial Discrimination Act 1975 (Cth)
Age Discrimination Act 2004 (Cth)
The Federal Court has the power to hear proceedings under section 46PO of the Australian Human Rights Commission Act 1986 (Cth).
If the matter has been before the Commission, the Commission must issue a notice of termination before the Federal Court can begin to deal with the complaint.
Notice of Termination – an official written notification that a matter has been terminated.
State Legislation
In Queensland, the state government has responsibilities for human rights enacted by the parliament in the Anti-Discrimination Act 1991 (Qld) and human rights complaints can be brought under this Act
The aim of the Act is to promote equality for everyone by protecting them from unfair discrimination in certain areas of activity and from sexual harassment and certain associated objectionable conduct.
The principles contained in the Anti-Discrimination Act 1991 (Qld) are derived from the international human rights treaties.
Any alleged breach of human rights under this Act can be lodged with the Anti-Discrimination Commission Queensland, which is the statutory authority that promotes and protects human rights in Queensland.
Lodging Complaints
A human rights complaint can be lodged through the AHRC for a federal breach or with the Anti-Discrimination Commission Queensland (ADCQ) for a state or local breach
When lodging with the AHRC, you must do it in writing and include details of all necessary information regarding the nature of the complaint.
The AHRC prefers the details to be completed on their complaint form.
The ADCQ has a similar process for lodging human rights complaints.
The ADCQ requires that the complaint has sufficient details to show that the person complained about may have breached the Anti-Discrimination Act 1991 (Qld) or committed a reprisal under the Public Interest Disclosure Act 2010 (Qld) and has lodged the completed complaint for with the Commission.
Lodge: present a complaint, appeal or claim formally to proper authorities
Reprisal: an act of retaliation
Lodging with the Federal Court of Australia must be done within 60 days after the issue of the notice of termination from the AHRC
The person making the complaint must prove three things.
What happened, what was done and who did it
That what happened was unlawful under one of the discrimination statues
That harm or damage was suffered because of what was done.
Law Reform Bodies
Different Law Reform Bodies
Australian Law Reform Commission
Law reform in a dynamic society can occur through new or changed legislation and can be influenced by the Australian Law Reform Commission (ALRC) and its state equivalents.
The ALRC is an important non-government body that can advocate for law reform.
It was established in 1975 by the federal parliament and is a permanent and independent federal statutory body.
The role of the ALRC is to examine how areas of law might be changed or reformed.
The ALRC is officially requested by the Attorney-General to look into laws of the Commonwealth of Australia. Although it was established and is directed by the federal government, the ALRC is an independent authority that is able to release reports and make recommendations in an unbiased and non-partisan way free from political interference.
The focus of the ALRC is on federal laws and the processes of the legal system.
In conducting its inquiries, the official aims of the ALRC are:
to simplify and modernise the law
to improve access to justice
to remove obsolete or unnecessary laws, and eliminate defects in the law
to suggest new or more effective methods for administering the law and dispensing justice
to ensure harmonisation of federal, state and territory laws where possible, and
to monitor overseas legal systems.
The recommendations the ALRC gives to the government do not automatically become enacted as law through legislative amendments, but the ALRC has a strong historical record of having its recommendations put into practice. It has been reported that nearly 80 per cent of the ALRC’s reports has been either substantially or partially implemented. This record makes it one of the most effective and influential bodies involved in legal reform in Australia (ALRC).
Queensland Law Reform Commission
The Queensland Law Reform Commission is an independent statutory body established under the Law Reform Commission Act 1968 (Qld). The Commission’s key statutory duties, as provided in section 10(3) of the Law Reform Commission Act, include undertaking law reform reviews referred to it by the Attorney-General.
Queensland Council for Civil Liberties
The Queensland Council for Civil Liberties (QCCL) is a voluntary organisation concerned with the protection of individual rights and civil liberties.
It was founded in 1966 with the aim of protecting and promoting the human rights and freedoms of Queensland citizens.
QCCL works towards a society in which the human rights enshrined in such documents as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), to which Australia is a signatory, are enjoyed by all Queenslanders and Australian citizens.
The aims of the QCCL are to:
be vigilant in matters affecting civil liberties and to safeguard and develop respect for human rights and freedoms
provide information about threats to, and the abuse of, rights and liberties and to foster the study of legal and human rights
seek solutions to problems related to civil liberties, including prison reform, censorship and rights of minority groups
provide, when necessary, neutral observers at marches and demonstrations.
Australian Human Rights Centre
The Australian Human Rights Centre (AHRC) is an interdisciplinary research and teaching institute based in the Faculty of Law at the University of New South Wales.
The centre was established in 1986 and is one of the oldest centres in the university’s Faculty of Law. It is highly respected as a focus of academic and public intellectual thought in the human rights sphere in Australia and overseas.
The AHRC brings together lawyers, policymakers, researchers and students from Australian and international organisations and universities to engage in research and teaching activities and public debate on a range of human rights issues. These include issues related to disability, violence, gender, social security, social media, migrants and refugees, housing and health.
The centre publishes the Australian Journal of Human Rights, a high-quality peer-reviewed research publication, and the Human Rights Defender, a more informal and accessible publication for a general audience.
The centre is an important advocacy source for human rights in Australia.
Australian Lawyers for Human Rights
Australian Lawyers for Human Rights (ALHR) was established in 1993 and incorporated as an association in New South Wales in 1998.
ALHR is an association of legal professionals active in practising and promoting awareness of international human rights standards in Australia.
ALHR seeks to utilise its extensive experience and expertise in the principles and practice of international law and human rights in Australia in order to:
promote and support lawyers’ practice of human rights law in Australia
promote federal, state and territory laws across Australia that comply with the principles of international human rights law
engage with the United Nations in relation to Australian human rights violations
engage internationally to promote human rights and the rule of law.
Amnesty International
Amnesty International is a global movement of more than seven million people who take injustice personally. It is an advocacy group campaigning for a world where human rights are enjoyed by all.
Amnesty International is funded by its members and is independent of any political ideology, economic interest or religion.
It believes that no government is beyond scrutiny and no situation is beyond hope.
International Federation of Red Cross and Red Crescent Societies (IFRC)
The International Federation of Red Cross and Red Crescent Societies (IFRC) was founded in 1919 in Paris in the aftermath of World War I.
The war had revealed a need for close cooperation between Red Cross Societies, which through their humanitarian activities on behalf of prisoners of war and combatants had attracted millions of volunteers and built a large body of expertise.
A devastated Europe could not afford to lose such a resource. It was Henry Davison, president of the American Red Cross War Committee, who proposed forming a federation of these National Societies.
An international medical conference initiated by Davison resulted in the birth of the League of Red Cross Societies, which in October 1983 was renamed the League of Red Cross and Red Crescent Societies, and then in November 1991 became the International Federation of Red Cross and Red Crescent Societies.
The first objective of the IFRC was to improve the health of people in countries that had suffered greatly during the four years of war. Its goals were ‘to strengthen and unite, for health activities, already-existing Red Cross Societies and to promote the creation of new Societies’.
There were five founding member societies: Britain, France, Italy, Japan and the United States. This number has grown over the years, and there are now 190 recognised National Societies – one in almost every country in the world.
The World Council of Churches
The World Council of Churches (WCC) is a special interest ecumenical group that advocates and lobbies for human rights. It achieves this by bringing together churches of various denominations in more than 110 countries and territories throughout the world.
The World Council of Churches represents over 500 million Christians, including most of the world’s Orthodox churches, scores of Anglican, Baptist, Lutheran, Methodist and Reformed churches, as well as many United and independent churches.
While the bulk of the WCC’s founding churches were European and North American, today most member churches are in Africa, Asia, the Caribbean, Latin America, the Middle East and the Pacific. There are now 348 member churches.
A key aim of the WCC is to serve a human need by breaking down barriers between people and seeking justice and peace throughout the world