In the name of Counter-Terror

Thursday , 12, November 2015 Leave a comment


Directly from the Counter-Terrorism Legislation Amendment Bill (No. 1) 2015 the list of Human Rights affected by the changes.

Human rights implications

  1. The Bill engages the following human rights:
  • the right to an effective remedy in Article 2 of the International Covenant on Civil and Political Rights (ICCPR)
  • the right to life in Article 6 of the ICCPR
  • the right to liberty and security of the person and to freedom from arbitrary arrest or detention in Article 9 of the ICCPR
  • the right to freedom of movement in Article 12 of the ICCPR
  • the right to a fair trial, the right to minimum guarantees in criminal proceedings and in a suit at law and the presumption of innocence in Article 14 of the ICCPR
  • the right to protection against arbitrary and unlawful interferences with privacy in Article 17 of the ICCPR
  • the right to freedom of expression in Article 19 of the ICCPR
  • the prohibition on advocacy of racial or religious hatred in Article 20 of the ICCPR (noting Australia has a reservation in relation to this Article)
  • the right to freedom of association in Article 22 of the ICCPR
  • the rights of parents and children in Articles 23 and 24 of the ICCPR
  • the prohibition on cruel, inhuman or degrading treatment or punishment in Article 7 of the ICCPR and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) (particularly Article 16)
  • the right of the child to have their best interests as a primary consideration by courts of law, administrative authorities or legislative bodies in Article 3 of the Convention on the Rights of the Child (CRC)
  • the right of the child not to be separated from their parents against their will, unless this is in the best interests of the child, in Article 9 of the CRC
  • the right of the child to freedom of expression in Article 13 of the CRC
  • the right of the child to freedom of thought, conscience and religion in Article 14 of the CRC
  • the right of the child to freedom of association in Article 15 of the CRC, and
  • the right to protection against arbitrary and unlawful interferences with privacy in Article 16 of the CRC.

 



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