Critical Perspectives on Human Rights Law in Australia Volume One - Book

This book, along with its companion Volume 2, provides a critical, comprehensive, accessible and scholarly examination of the most pressing human rights issues facing Australia today. Written for human rights and legal scholars and practitioners, as well as readers who wish to increase their understanding, this book provides a timely and provocative perspectives on the law and policy regarding the application of human rights standards in Australia.

The contributors leading Australian experts in human rights, drawn from both legal and non-legal disciplines, and from varied backgrounds. The authors each outline and critically explore their topics, presenting clear, articulate and engaging chapters that skilfully highlight both introductory ideas and in-depth scholarly analysis. Each chapter can be read individually, or consecutively as a complete work.

Editorial Review

'This book provides a remarkable portrait of the state of human rights in Australia; not always favourable... .'

- The Hon Michael Kirby AC CMG

'This book is just what we need, an insightful analysis of the current state of human rights law in Australia, along with guidance about how we can improve the protection and promotion of human rights in this country.'

- Gillian Triggs, UN Assistant Secretary-General and Assistant High Commissioner Protection UNHCR

'This collection offers a fascinating array of analyses of Australia's engagement with the international human rights system. It shows the complexity of the Australian political and legal context which has long been wary of the language of human rights. This book is incisive and critical, yet ultimately optimistic about the future of human rights in Australia.

- Professor Hilary Charlesworth

Table of Contents

1. Taking the Temperature of Human Rights in Australia (Melissa Castan, Paula Gerber)

2. Australia’s Human Rights Framework: Has It Improved Accountability? (Adam Fletcher, Philip Lynch)

3. The Fragile Foundations of Human Rights Protections: Why Australia Needs a Human Rights Instrument (Julie Debeljak)

4. The High Court and Human Rights: Powers, Proportionality and Presumptions (Melissa Castan, Katie O’Bryan)

5. Australia’s Engagement with the United Nations (Kate Eastman SC)

6. The Protection and Enjoyment of Economic, Social and Cultural Rights (Andrew Byrnes)

7. Anti-discrimination Laws in Australia (Beth Gaze)

8. Human Rights and Disability: An Australian Experience (Piers Gooding, Rosemary Kayess)

9. Illuminating the Invisible: Women’s Human Rights in Australian Law and Policy (Tania Penovic)

10. Abortion and Human Rights: To What Extent Does Australian Law and Practice Facilitate a Woman’s Right to Terminate a Pregnancy? (Ronli Sifris)

11. Children’s Rights in Australia: Still Confronting the Challenges (John Tobin)

12. Human Rights and Australia’s Indigenous People (Mick Gooda)

13. Marrul (Changing Season) (Inala Cooper, Shannan Dodson)

14. Self-Determination and Treaty-Making in Australia (Harry Hobbs)

15. Boat People and the Entrenchment of Exclusion (Tania Penovic)

16. Australian Mental Health Laws and Human Rights (Bernadette McSherry)

17. Protecting the Human Rights of Prisoners in Australia (Bronwyn Naylor)

18. The Human-Environment Nexus: A Human Right to a Healthy Environment (Rowena Cantley-Smith)

19. Protecting the Right to Freedom of Religion and Belief (Luke Beck)

20. Should Australia Be Doing More to Combat Islamophobia? (Farinaz Zamani, Paula Gerber)

21. Muslims in Australia: Identities and Human Rights (Samina Yasmeen)

22. Do Australians Care about Human Rights? Awareness, Hierarchies of Sympathy and Universality (Kevin M Dunn, Rachel Sharples)

23. Are Students in Australian Schools Learning about Human Rights? (Paula Gerber, Anni

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