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  • 1. Your rights and responsibilities
    • Part II: The individual and the law
  • 2. the nature of individual rights and responsibilities
    • Rights
      • are entitlements or permissions that can be either legal or moral in nature
      • legal rights are enforceable by law through the courts – for the right to exist it must be contained in and protected by the law
      • moral rights derive from one’s own morals, values or ethics and are not enforceable by law
  • 3. values in australia
    • respect for the equal worth, dignity and freedom of the individual
    • freedom of speech
    • freedom of religion and secular government
    • freedom of association
    • support for parliamentary democracy and the rule of law
    • equality under the law
    • equality of men and women
    • equality of opportunity
  • 4.
    • Responsibilities
      • are legal or moral obligations or duties that a person may have to another person
      • legal responsibilities are enforceable by law
      • where there is a right, there will often be a corresponding responsibility
  • 5.
    • Rights are either protected by common or statute law
    Statute Law Common Law Defined protected by statute is the right not to be excluded or restricted on the basis of race, colour or ethnic origin rights are protected by common law, particularly in contract law and tort law Example Racial Discrimination Act 1975 (Cth) Donoghue v Stevenson 1932
  • 6.
    • the main distinction between moral and legal rights is that legal rights are enforceable by law, but moral rights are not
    • people can debate moral rights from different ethical viewpoints and may disagree on their existence or scope
    • a legal right is embodied in law and its existence cannot be disputed, although it can be amended through law reform
    legal and moral rights
  • 7.
    • one example of a controversial moral right claimed by some is the right to euthanasia, or the right to choose the manner and place of one’s own death
    • this is not a right recognised under Australian law
  • 8.
    • A bill of rights is a formal document that officially enshrines the minimum human rights that every citizen is entitled to, and binds the government to comply with those rights.
    Bill of rights
  • 9.
    • Australia does not have a bill of rights, but most other developed countries do
    • Victoria and the ACT have adopted their own state charters of rights, but the Commonwealth has refused
    • a recent Commonwealth inquiry into a bill of rights found 87 per cent of the public would support its introduction
  • 10. rights in australia
  • 11. Bill of Rights in Australia
  • 12.  
  • 13. Children in detention centres
  • 14. Individual’s rights and responsibilities in relation to the state
    • At times individual rights and their responsibilities come into conflict with the state
      • Smoking bans on Sydney beaches
      • 1960/70s conscription in Vietnam War
    • Many individual rights have been challenged since Sept 11 2001, in order to protect citizens from terrorism
  • 15. Saggin Trousers legislation, usa
  • 16. freedom of expression
    • The Australian Constitution protects certain individual rights:
        • s 80: the right to a trial by jury
        • s 116: freedom of religion
        • s 117: the right not to be discriminated against on the basis of one’s state of residence
        • s 51: the right to compensation if one’s property is compulsorily acquired for any purpose in respect of which the Commonwealth government has the power to make laws.
  • 17.
    • In the 1990s, the High Court begun interpreting the constitution to include implied rights rather than just expressed rights
  • 18. Defamation
    • the act of making statements or suggestions that harm someone’s reputation in the community.
    • Example Case: Mercedes Corby v Jodie Power
  • 19. defamation
    • Chaser’s War on Everything take on Mercedes Corby
  • 20. International protection of rights
    • Treaties become binding on the citizens of an individual nation either automatically upon ratification, if the treaty is self-executing, or once the nation has passed domestic legislation(Australia)
    • Declarations are different to treaties because they simply state to parties intentions e.g UDHR 1948
  • 21. UDHR 1948 animation
  • 22. Un in australia
    • UN official questions the legality of Detention Centres
  • 23.
    • Limitations of international law protecting rights
      • Nation-states sign international law not individuals
      • Nation States may ignore or refuse to sign international law (due to State Sovereignty) which may impede on human rights with their country
  • 24.
    • Self Determination
      • the right to determine one’s own acts without external influence; the freedom of the people of a given territory to determine their own political status or independence from their current state
        • Example: East Timor Intervention of the UN 1999
  • 25. rights of indigenous people
    • The United Nations declared a decade for World Indigenous Rights from 1995 to 2004
    • One way in which self-determination is demonstrated in Australian Indigenous communities is through the use of tribal law e.g circle sentencing