AJHR 21-1

Articles in this issue

Abstract:

The High Court of Australia plays an important role in protecting human rights. It does so despite the fact that Australia lacks a human rights act, bill of rights or like instrument. This article examines how the Court is able to protect human rights in the absence of such laws.

Author(s):

George Williams AO is an Anthony Mason Professor, Scientia Professor and Foundation Director, Gilbert + Tobin Centre of Public Law at UNSW Law; Australian Research Council Laureate Fellow; and a Barrister, New South Wales Bar.

November, 2015
Abstract:

The right to education, and specifically higher education, is clearly set out in international law. Higher education is, however, in a state of change as a result of pressures from the increased demand for higher education, globalisation and the impact of new technology (Barber et al 2013, 1-2).

Author(s):

Jane Kotzmann is an Associate Lecturer, Faculty of Business & Law at Deakin University.

November, 2015
Abstract:

In December 2013, the Supreme Court of Western Australia decided Collard v WA, the test case for families affected by the Stolen Generations policies in Western Australia. The Collards, a Noongar family, had their nine children removed from them by the government between 1959 and 1961.

Author(s):

Roxanne Moore is a Noongar lawyer, Fulbright Scholar and Indigenous Rights Campaigner at Amnesty International Australia. The author uses the term ‘Stolen Generations’ acknowledging that this is the preferred terminology of Aboriginal and Torres Strait Islander people who were removed by Australian governments from their families and communities.

November, 2015
Abstract:

This paper will discuss the thesis that not only is there a nexus between the official development assistance (ODA) allocations from donor-States and the promotion of their strategic and political interests, but that these interests may include allocating aid in order to prevent the flow of refug

Author(s):

Nicola Knackstredt has completed an LLM in Human Rights & Social Policy from UNSW Australia (2014).

November, 2015
Abstract:

The concept of intersectionality has been progressively incorporated into international anti-discrimination law. This article considers the nature of this incorporation and the different understandings of the term and related concepts by United Nations’ treaty body committees.

Author(s):

Dr Beth Goldblatt is an Associate Professor in the Faculty of Law at the University of Technology Sydney, a Visiting Fellow of the Australian Human Rights Centre at UNSW Law and an Honorary Senior Research Fellow of the School of Law at the University of the Witwatersrand.

November, 2015
Abstract:

Australia’s mandatory detention policy allows for non-citizens without a valid visa to be held in sites of immigration detention on an indefinite basis.

Author(s):

Caroline Fleay is a Senior Lecturer, Humanities Research and Graduate Studies at the Centre for Human Rights Education, Curtin University.

November, 2015
Abstract:

Anti-discrimination law is enforced by a person who has experienced discrimination by lodging a complaint at a statutory equal opportunity agency.

Author(s):

Dominique Allen is a Senior Lecturer, School of Law, at Deakin University.

November, 2015
Abstract:

Although New Zealand has traditionally relied on “positive realisation” of ESCR through public policy decision-making, recently there has been small number of cases relying on international human rights treaties, including the ICESCR, to support the legal argument.

Author(s):

Margaret Wilson is a Professor of Law at University of Waikato. Judy McGregor is a Professor and Head of School Social Science and Public Policy Auckland University of Technology. Sylvia Bell is a Principal Policy and Legal Analyst. The research undertaken for this article is part of a Law Foundation funded Project on assessing the impact of New Zealand’s ratification and state receptivity of the major international human rights treaties.

November, 2015