Anti-terrorism legislation.  What are human rights  Anti-terrorism legislation  Human rights protection in Australia.

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Presentation transcript:

Anti-terrorism legislation

 What are human rights  Anti-terrorism legislation  Human rights protection in Australia

 Pre WWII  The Universal Declaration of Human Rights  The International Covenant on Civil and Political Rights  International Covenant on Economic Social and Cultural Rights

 Over 50 pieces of legislation since 9/11  Divisions 104 and 105 of the Criminal Code  Control orders  Preventative detention

Restrictions imposedHuman rights violated  being at specified areas or places;  leaving Australia;  remain at specified premises between specified times;  wear a tracking device;  Prohibition or restriction on communicating or associating with specified individuals;  prohibition or restriction on accessing or using specified forms of telecommunication or other technology;  prohibition or restriction on possessing or using specified articles or substances;  prohibition or restriction on the person carrying out specified activities (including work or occupation);  report to specified persons at specified times and places;  allow himself or herself to be photographed;  allow impressions of his or her fingerprints to be taken;  participate in specified counselling or education.  Freedom of movement  Right to liberty  Right to privacy and family life  Freedom of association  Freedom of speech  Right to work  Freedom to practise religion

 No offence committed just reasonable suspicion certain acts may occur  Arbitrary detention?  Right to a fair trial  Incommunicado detention

 The Constitution  The common law and judicial review  Australian Human Rights Commission  Independent National Security Legislation Monitor Act 2010  Human Rights Framework  UN Human Rights Committee

 Freedom of religion  Separation of powers  Thomas v Mowbray

 The principle of fundamental rights  Parliamentary supremacy  Legitimate expectation

 Power of inquiry  Restrictive definition of human rights  Limited ability to resolve complaints

 Independent National Security Legislation Monitor  Human Rights Framework  Human rights committee

Questions?