The function and aim of justice is ostensibly to instil public protection and order, thereby creating a social mechanism aimed at achieving social progress. Martin King Luther’s comment about law and its existing purpose to disseminate justice and thereby its failure halting the flow of society’s progression , is particularly relevant to the current policies and procedures in place governing the asylum seekers. The aforementioned issues arising on the basis of Australia’s ineffective Human Rights agenda is a primary example which reflects Luther’s statements. While there are multiple ethical and justice issues that arise from Australia’s asylum seeker policy, this essay will examine the law and injustice with a specific focus on Australia's …show more content…
It is the sole ‘western democracy’ which has no constitutionally entrenched bill of rights as a component of its legislation. Its treatment and approach towards Asylum seekers is ultimately a reflection of its human rights agenda. Australia is dependant under the United Nations Convention Relating to the status of refugees (the refugee convention), to assist refugees under international law. The country’s policies and procedures to an imprudent degree has ultimately led to ‘international concern about Australia’s asylum seeker policies’. Professor Gillian Trigg’s, president of the Australian Human Rights Commission acknowledges the raising concern labelling Australia’s policies a direct result of the country ‘straying from its international obligations’. The country however operates on the basis of a dualist system, thereby bypassing any international law until its formal acknowledgement as a domestic law. This simultaneously allows Australia signing the UN Refugee convention, whilst also maintaining a domestic legal system that perpetrates injustice and inhumanity towards Asylum Seekers. However it is necessary to question, whether Australia is applicable to bypass an international law, it is signatory to, aimed at achieving justice in its approach to prevent refugees and asylum …show more content…
It is evident current domestic law in regards to the treatment of refugees provides a leeway of extensive financial burden and most importantly inhumane treatment of detainees. It is questionable however, whether Australia is able to achieve justice for detainees by breaking its domestic law and reforming its priority towards the United Nations Convention Relating to the status of refugees the country is signatory of. Australia has statistically implanted just 10 per cent of the 145 recommendation it has accepted under the United Nations Convention Relating to the status of refugees. It is arguably acknowledged by surrounding nations, by furthering Australia’s refugee treatment on the basis of international law detainees will be off subject to less inhumane practices. It is further evident by breaking Australia’s domestic law with the relevant issue, children and refugees will be subject to subdued environments ultimately altering their physical and mental stress. Public pressure is deemed as a vital tool in order to reform policies and procedures. Nora Hannagan argues that society as a collective and individuals within it must take responsibility for the harms which result from
I, along with many other people believe that as a human we deserve Human Rights, regardless of who we are of what our background is, where we live, what we look like, what we think or what we believe in. However this is not the case. In Australia we are believed to be a multicultural community and a diverse society. Nevertheless the way Asylum Seeker and Refugees are being treated is
Historically, Canada has held a world renowned reputation as nation with a magnanimous ideological approach to providing asylum to those individuals subjected to marginalization and persecution in their homeland – regardless of their nation of origin (Ismaili, 2011, p.89 & 92). Indeed, providing sanctuary to refugees who would otherwise experience significant hardships ranging from blatant discrimination and racism to torture and genocide, has very much become an institutionalized aspect of Canadian society. However, recent changes to Canada’s immigration policy delineated in the Immigration and Refugee Protection Act and Bill C-31 may have perhaps put this ideology in peril (Immigration and Refugee Protection Act, 2001).
The Effectiveness of the Law in Achieving Justice for Indigenous People In relation to Australia, the term ‘Indigenous peoples’ refers to two distinct cultures of people who inhabited the land prior to European settlement – The Aboriginals and the Torres Strait Islanders. This population declined dramatically over the 19th and early 20th century due to the introduction of new diseases from European settlement, Government policies of dispersal and dispossession, the era of protection, assimilation and integration causing a cultural disruption and disintegration of the Indigenous peoples. In the 20th century the recognition and protection of Indigenous peoples land rights and human rights have been at the forefront of Global Issues where the International community has sought to address the issues and ratify Human Rights and Land Rights for Indigenous People as a legitimate subject to be implemented into international law and the domestic law of member states such as Australia. To evaluate the effectiveness of the law in achieving justice for Indigenous Australians we must look at the Australian Legal System, and the extent to which it addresses it’s obligations to International Law in relation to Australia’s
Throughout the world, in history and in present day, injustice has affected all of us. Whether it is racial, sexist, discriminatory, being left disadvantaged or worse, injustice surrounds us. Australia is a country that has been plagued by injustice since the day our British ancestors first set foot on Australian soil and claimed the land as theirs. We’ve killed off many of the Indigenous Aboriginal people, and also took Aboriginal children away from their families; this is known as the stolen generation. On the day Australia became a federation in 1901, the first Prime Minister of Australia, Edmund Barton, created the White Australia Policy. This only let people of white skin colour migrate to the country. Even though Australia was the first country to let women vote, women didn’t stand in Parliament until 1943 as many of us didn’t support female candidates, this was 40 years after they passed the law in Australian Parliament for women to stand in elections. After the events of World War Two, we have made an effort to make a stop to these issues here in Australia.
One of Australia’s biggest moral wrongdoings that has been continued to be overlooked is the providing of safety for refugees. Under the article 14, in the Universal Declaration of Human Rights, it states that everyone has the right to seek and enjoy in other countries asylum from persecution. It is not in anyway, shape or form illegal to seek asylum from maltreatment. Australia is obliged under international law to: offer protection, give support, ensure that any individual is not sent back unwillingly to the country of their origin. A report made by
Rice, S (2011) ‘Reflections on reforming discrimination laws in Australia’, Human Rights law Centre, viewed 4 October 2011, .
The term government policy is any cause of action implemented by the government to change a certain situation and to tackle a wide range of issues in all areaslikefinance,education,statewelfare,immigrationlaw(https://www.nidirect.gov.uk/articles/government-policy).For the purpose of this essay, I will be talking more about government policies in relation to refugees and asylum seekers and its implication for social work.
The Human Rights Committee said that domestic review of the lawfulness of detention ought to include deliberation of Australia’s obligations under the International Covenant of Civil and Political Rights. The Human Rights Council found an added breach of article 2(3), despite this breach not being affirmed explicitly by “A”. Australia rejected the Human Rights Committee’s interpretation of the Covenant and declined to compensate the “A” family. The Human Rights Council has deemed this response from the State Party unsatisfactory. Both France and Australia have ignored the decisions of the UN treaty bodies. These cases both counter the argument of Harrington that the UN treaty body complaints mechanism is “closing the gap”. There is still a long way to achieve that because there is no consequence for a state to not enforce a UN
Boed, R. (1994). The state of the right of asylum in international law. Duke Journal of Comparative & International Law, 5(1). Retrieved from http://scholarship.law.duke.edu/djcil/vol5/iss1/1
Reflection (Choose a quote or series of quotes and respond. Locate your reflection in evidence and LANGUAGE not in feelings)
The safety of asylum seekers is not the main concern for our government or media, however. The issue of asylum seekers is centred around the Australian population, who maintain a vice-like grip on their fear that anyone or anything should rob us of our
The government policy is that ‘’asylum seekers who arrive on the mainland without a valid visa must be held in migration or community detention, or transferred to an off-shore processing facility.’’ – roads to refuge, ‘who is government’. The law is very negative by not letting these people have a say or even a chance to a better life. If we are taught by our government to not approve of refugees and asylum seekers than we will do so because we are scared to speak up and we are fearful. The church also heavily supports Australians getting involved and speaking out from the Ear of their Heart to make a change. The current strategies help refugees and asylum seekers once they are allowed into Australia but the policies are still wrong and in just because not all of them make it into Australia. ‘’ When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as the citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt. I am the Lord your God.’’ - Leviticus 19:33-34. Through the church, we have learnt to treat everyone like our brothers and sisters based on the Catholic Social teachings. Human Dignity is very important for our society because if we are all made in the image of God then we should all be treated
Some of Australia’s legal responsibilities in regards to asylum seekers come from ratifying the International Covenant on Civil Political Rights (ICCRP). When ever Australia exercises power of effective control
Globalisation has increased modern technology all over the world enabling more people, such as globally separated families, to maintain contact. Increased media coverage also draws the attention of the world to human rights violation which can lead to an improvement in human rights. This is not a reflection of all marginalised groups. In Australia, the detention of unaccompanied asylum seeking children (UASC) contravenes the United Convention on the Rights of the Child (UNCRC), however the media are prohibited to enter detention centres and report on this issue (Cemlyn and Briskman, 2003).
The Human Rights Commission (2014) state that ‘ Australia was a founding member of the UN and played a prominent role in the negotiation of the UN Charter in 1945. Australia was also one of eight nations involved in drafting the Universal Declaration.’ An advantage of introducing a Bill of Rights would be that all the basic rights and fundamental freedoms stated in the Universal Declaration of Human Rights would be incorporated into Australia’s legal system. A disadvantage would be that the Bill of Rights would interfere with Australia’s international obligations, for example the Convention on the Rights of Persons with Disabilities. The State Library of New South Wales (2011) states that ‘Australia is currently party to seven of the nine core international human rights.’ If a Bill of Rights was introduced into the Australian legal system, it would mean that all the basic rights and fundamental freedoms stated in the Universal Declaration of Human Rights would be protected by the Australian legal system. Although this would also make it harder for Australia to continue to try and incorporate all nine core international human rights instruments in their legal system. A recommendation would be to try and incorporate all nine core international human rights instruments before considering the idea of a Bill of Rights.