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What human rights do I have in Australia?

  • Australian law incorporates many of the rights protected by the seven major human rights treaties. This may be through legislation the Constitution or the common law.
  • It is difficult to describe where to find each right as they are scattered throughout the law and can sometimes be implicit rather than explicit. This means they understood to be there without being directly stated.
  • One example of the application of international human rights law in Australian law is the Convention on the Rights of the Child (CROC).
    • The Convention holds that every decision concerning a child must be made “in the best interests of the child”.
    • This standard has been incorporated into the Family Law Act 1975 (Cth). It has also been considered by the High Court in an immigration related hearing although this caused some controversy.
  • Another example is the right to freedom from unreasonable arrest and detention which is found in:
    • various criminal procedure acts;
    • police powers and responsibilities acts;
    • the common law; and
    • the Australian Constitution.

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