The Victorian Charter of Human Rights and...

The Victorian Charter of Human Rights and Responsibilities: Does it Protect and Uphold Human Rights? Upholding human rights is essential for ensuring a fair and equitable society. In 1966, Australia and a majority of the world’s nations signed on to the International Covenant on Civil and Political Rights (ICCPR). After the atrocities committed in World War II this seemed like a positive step for ensuring acknowledgement and respect for the rights and freedoms of all people. However, the means of enforcing human rights is not a straightforward process. In response to ratifying the ICCPR, Australia set up the Australian Human Rights Commission. However, after a number of failed attempts, it has not followed through with implementing a†¦show more content†¦I will address each of these mechanisms in turn. The charter binds Public Authorities to act in a way that is compatible with human rights. However, crucial to interpreting the effectiveness of this obligation affecting legislation, is the definition of what a Public Authority is. Since the charter is constructed to affect legislation, it is tempting to misinterpret â€Å"Public Authority† to mean actors with Legislative or Jurisdictive power. However, the provided definition specifically excludes: â€Å"(i) Parliament or a person exercising functions in connection with proceedings in Parliament; or (j) a court or tribunal except when it is action in an administrative capacity† (Victorian Government 2006) This exclusion leaves the obligations of Public Authorities on the shoulders of; Public Officials, working in an administrative capacity; any entity with public function; The Victorian police; local government; ministers; and members of a parliamentary committee when working in an administrative capacity. This means that when members are authoring legislation, or when the judiciary is scrutinising legislation, the actors involved are not obliged to act in a compatible way with the charter. This makes enforcing legislation to be compatible with human rights nearly impossible, as there is no responsibility for the authors of that legislation to abide by the charter. An analysis of the detail of how the charter is applied, and whatShow MoreRelatedThe Health Care : Australia And The Philippines1978 Words   |  8 Pages INTRODUCTION The law creates the order in the health care system structure. To maintain the order, strict regulation must be adhered. To follow ethical principles, living with guidelines is also a necessity. To uphold the quality of care and ethical considerations in nursing, mandatory policies should be legalised. Therefore, it is vital that health care professionals are deemed competent and qualified. Registered Nurses in Australia are regarded as experts in their area of specialisation. BeingRead MoreThe Charter Of Human Rights And Responsibilities Act 2006 ( Vic )2643 Words   |  11 PagesLEGAL ADVICE QUESTIONS PRESENTED: 1. Does the Charter of Human Rights and Responsibilities Act 2006 (Vic) (â€Å"Charter†) protect the conduct of Josh, Dianne and Cary? 2. Is Section 6 of the Summary Offences Act 1966 (Vic) compatible with the Charter? 3. Is Victoria Police in breach of the Charter? 4. Is AX6 Pty Ltd in breach of the Charter? 5. Is the Adult Parole Board in breach of the Charter? Short Advice In relation to the Charter, my advice is that Josh’s conduct is not protected and the cancellationRead MoreEngineering Ethics in Practice: a Guide for Engineers18096 Words   |  73 Pagesfor Professional Engineering Competence1, published by the Engineering Council, deï ¬ nes three types of engineering professional – Chartered Engineer (CEng), Incorporated Engineer (IEng) and Engineering Technician (EngTech). While their roles and responsibilities diï ¬â‚¬er, each has to demonstrate a commitment to professional and ethical standards. This guide aims to support members of this community in addressing the ethical issues they face in their daily professional lives, helping them to identify, analyseRead MoreSales and Marketing for Financial Institutions80443 Words   |  322 Pagesrequired, the services of a competent professional person should be sought. The views expressed by presenters delivering course material by lecture or workshop may not necessarily be those o f Kaplan. COPYRIGHT  © Kaplan Higher Education, 2012. All rights strictly reserved. No part of these materials covered by copyright may be reproduced or copied in any form or by any means (graphic, electronic or mechanical, including photocopying, recording, taping or information retrieval systems) without the