ICC

International covenant on Civil and Political Rights (ICCPR)
-adopted by General Assembly in 1966
-came into force in 1976
-Article 17 directly implemented into statute law as Human Rights(Sexual Conduct) Act 1994 allowing consenting adults freedom of sex in private

Convention on the Elimination on all forms of Racial Discrimination (CERD)
-Introduced in 1969
-Committee on Elimination of Racial Discrimination established to monitor compliance
-Commonwealth passed Racial Discrimination Act 1975 in compliance

Convention Against Torture (CAT)
-Came to force in 1987
-Aus has not passed domestic legislation
-The Crimes' (torture) Act 1988 was passed with references to acts of torture outside of Aus

Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW)
-Forced in 1981
-Sex Discrimination Act 1984

Convention on Rights of the Child (CRC)
-Came to force in 1989
-Family Law Reform Act 1995 passed to comply regarding child rights on the breakdown of parents' relationship

International Covenant on Economic, Social and Cultural Rights
-Set up committee monitoring compliance
-No specific legislation

* * *

Aus has been criticized as little legislation has been passed by aus responds by saying it has very good human right records and common law together with parliamentary democracy adequately protects human rights identified in the treaties.

* * *

Arguments for use of HR Trearties:

• Provision of consistency between member-states
• Provision of leadership to other nations
• Setting of standards and provision regarding human rights
• Universally protect human rights as people move from country to country
• Mechanism to monitor compliance by member states and reports to committees allows issues of violations to be addressed

Criticisms

• Interferes with country's sovereignty
  
• Committees set up are not courts, appearing to lack impartiality and objectivity
• If commonwealth legislated for every HR under external affairs power they are encroaching on state's residual power
• Lack of consistency in criticisms
• Aus govern = directly accountable to people, limited in degree which they can respond to all provisions of treaty

***

International Court of Justice (ICJ)

-Settle disputes brought to it by member-states in accordance with international law
-Give advisory opinions on questions of law internationally

**Hostage taking, asylum seekers' rights, territorial sovereignty, maritime borders

International Criminal Court (ICC)

-Investigates serios international crimes
-Genocide (Killing/causing serious harm to group of people with intention of destroying them)
-War crimes (breachs of Geneva Convention 1949) that apply internationally and domestically.
--Crimes against humanity (widespread and systematic attacks against civilian population

* * *

What are the roles of international treaties in Australian law? (8 marks)





I. Improve human rights protection for all Australians, set a new benchmark for human right protection in Australia.



· International covenant on Civil and Political Rights (ICCPR).

· Convention on the Elimination of all forms of racial discrimination (CERD).

· Convention Against Torture (CAT).

· Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).

· Convention on Rights of the Child (CRC).



II. Additional guidelines to assist judges in interpreting statutes. Additional source of law to assist judges in interpreting statutes.



· International treaties signed by Australia act as additional guidelines for judges when interpreting statutes. This will ensure judges keep up to new evolving international standards when it comes to judicial law making.

· Additional source of law on top of domestic law. This ensures that domestic laws in Australia are constantly being ‘updated’ by new sources of laws if treaties signed by the Executive are passed by the Legislature (Parliament). This ensures that a domestic law in Australia does not remain stagnant and evolve according to new international norms.



Example: Enacting the Consequential Amendments Act 2002 (Cth) which incorporated offence of genocide into domestic Australian law.



Teoh’s Case * elaborate on the applicability. Note: the doctrine of Parliamentary Supremacy or Parliamentary Sovereignty against the judges decision in Teoh’s case.







III. Influence Australia’s trade policies and trade legislation. Facilitate enactment of Australian laws to improve Australia’s economy and international trade with other countries.



-US – Australia Free Trade Agreement: refer to page 125 of the textbook.

-Other International Trade Treaties.

· Facilitate safer inter-state relations

· Enhance international cooperation and understanding with other Australian trading partners.

· Trade treaties such as WTO Agreements and the United Nations multilateral treaties are shaping the way trade is conducted. Adopting these treaties sends a signal to international investors and trade operators that a country is serious about creating a secure climate for business.



IV. Affect Australian laws and policies on security and defense in including Australian criminal laws. (for example relating to terrorism laws *refer to example given in Lesson 33, referral of powers on new codification of criminal laws relating to terrorism).

· Improving the defense in Australia, the region and the world in general



· Defense Agreement between the government of Australia and the government of the Republic of Singapore concerning the use of Shoalwater Bay training area (Queensland) 2005.



· Australia’s role in Iraq and Afghanistan.





V. Preserve international stability and act as a guideline to resolve international territorial disputes, law of the sea.



· United Nations Law of the Sea (UNCLOS) (refer to Lesson 34)







VI. Extradition treaties, ensure criminals are prosecuted.

· signatory to the Geneva Convention 1949

· Enacting the Consequential Amendments Act 2002 (Cth) which incorporated offence of genocide into domestic Australian law

· Relationship with the ICC

Federation

Federal System -
System of government in which a national government and state government have their own independent legal systems and law making powers

Federation -
Forming of a nation by union of states which give up some powers and responsibility to national government.

Stages

1)Pre-convention stage
involvement in pre-federation colonial conferences and agreement

2)Australasian conventions
participation in two formal australasian conventions to draft the constitution

3)Colonial ratifications
passing of enabling bills to conduct colonial referendums to get the approval of the colonists for the federation proposal

4)British approval
negotiation with britist government to have them sponcor the bill through the Imperial Government

5)Proclaimation and Inauguration
1 january 1901

1840s-1901


Reasons -

institute free interstate trade and national defense arrangements

Restricted immigration policy
industrial relations systems to resolve interstate disputes
national approach to communication networks

Amending the Constitution

Section 128 - Altering the Constitution

1)Consultation
2)Drafting
3)Parliament Stage
4)Referendum Stage
5)Post Referendum

Reasons for failure:
1)Bipartisan support
(non-labor parties reluctant to co-operate)

2)State's power
-One proposal in 1988 referendum failed as states were opposed to Federal Government being given financial grants directly to local government councils.
-Erosion of state authority

3)Dual criteria
-Organic document capable of change

4)Miscellaneous reasons
-Fear of big government
-General misunderstanding of complex issues
-LEave things as they are
-Government doesnt make it simple

Aboriginals - List of Acts/Constitution Shit/HR Conventions

Native Title Act 1993
-Established National Native Title Tribunal
-Prescribed necessary criteria to approve applications
-Federal court gives effects

1967 Referendum!
-Remove perception of discrimination
-Meet approved moral standards of human rights
-Allow commonwealth to make national laws about indigenous affairs

Section 51 (xxvi)
'other then the aboriginal race in any state'
-Making indigenous affairs a prohibited power of commonwealth and residual power

Section 127
'where the population of the aboriginal natives shall not be counted'
-Removal : allowing same citizen rights for them like other Australians

Federal Statutes

Racial Discrimination Act 1975
-passed under obligations of International Convention on the Elimination of All Forms of Racial Discrimination
-Makes discrimination based on color, national or ethic origin unlawful.

Racial Hatred Act 1995
Amends and expands the coverage of RDA
-Making it unlawful to offend, insult, humiliate or intimidate

Human Rights and Equal Opportunity Commission Act 1986
-Created the commission now known as Australian Human Rights Commission
-Administers RDA and RHA


Council for Aboriginal Reconcilitation Act 1991
-Established the Council for Aboriginal Reconcilitation to build better communication and understanding.
-Aims to address issues such as cultural recognition and shared ownership or history

Aboriginal and Torres Strait Islander Heritage Protection Act 1984
-Protects and preserves significant parts of aboriginal people's cultural heritage and complement state acts

State Statutes

Bad

1911 South Australia : Aborigines Act
Power to segregate Aboriginal people onto reserves/power to arrest

1923 South Australia Aborigines (Training for children) Act

Good

Equal Opportunity Act 1984
-Consolidated a few discrimination acts including South Australian Racial Discrimination Act 1976
-Administered by State Equal Opportunity Commissioner
-Aggrived persons can complain to Equal Opportunity Tribunal

Racial Vilification Act 1996
-Allows civil claims to be made for damages, as well as criminal prosecutions of companies and individuals.
-Administered by SA Equal Opportunity Tribunal(EOT)

Aboriginal Heritage Act 1988
-Committee includes indigenous representatives
-Advises minister to protect/preserve sacred Aboriginal sites, objects or remains
-A Register of Aboriginal Sites and Objects maintained by Minister

Protection of Aboriginal Rights

Problems with courts -

1)Lack of Aboriginal cultural awareness.
-Aboriginal awareness training

2)Language barriers.
-Interpreters.

3)Customs (avoidance relationship etc)
Tale into account customary law.

Avoidance of eye contact, family members, naming the dead.

Proposals already made:

Employment of Aboriginal court facilitators by the Department of Justice

Aboriginal Court Day/Nunga Court in Port Adelaide, South Australia
-Deals only with aboriginal people who plead guilty to an offence
-Magistrate sits off bench, more at eye-level with offender
-Aboriinal justice officer/senior Aboriginal person advises on cultural and community matters
-Offender sits at bar table with lawyer and a relative sit with them
-Family/friends encouraged to attend

Social Cognition : Measurement of Attitudes, Ethics

2 types of test-
Self Report Measure

• Relies on participants being self aware and honest
• Uses rating scales, producing easier to manage data then open ended questions
• Problem : experimenter bias

Covert Measure

• Aims to get the 'real truth'

-Two approaches:

Observing people's behavior
(eg, nodding of heads to a statement in agreement that is being made)

Problem : Behavior doesn't always reflect attitude

Physiological measures
(heart rate, perspiration, pupil dilation [usage of EMG, EEG])
*EMG = electromyography = activation signal of muscles
*EEG = electroencephalography = brain activity

Non-obtrusive Measurement
(watching people who dunno they are watched)

-They are less likely to adopt behavior that is socially desirable/ won't fake shit
(putting cctv in retail shops)

* * *

Ethics
-Because we deal with humans and often use deception

Deception is necessary to overcome
-demand characteristics (placebo effect)
-social desirability

Debriefing's goals
-Opportunity to raise questions/concerns
-Explain/apologize for deception
-Discuss purpose and methods to enhance educational value of participating
-Detect and deal any negative/long-term effects

In Addition to the 5 ethical principles of research are:

1)Fairness
-Equal treatment without bias

2)Do no harm
Temporary discomfort > Long-term gain in society?

3)Respect
for people's rights and dignity(especially vulnerable groups)

Social Cognition : Social Issues

Stereotypes

Formation:
-Strongly held attitudes based on powerful schema
-Based on first impression of people of a certain group(first indian i saw touched my ass)
-Simplification through association

Implications:
-Schemas are continually reinforced in our environment - we notice information that confirms then then those that contradicts them
-Blinds us to individual differences
-Reflects our socio-cultural beliefs

Overcoming:
-Disconfirming information

• Bookkeeping
• Conversion
• Sub typing
  

Prejudice

Formation:
-Belief in one's own superiority
-Negative - hostile towards a group or person
-Positive - Undying support for own group

Discrimination
-Acts of verbal or physical violence towards an out-group

Social Cognition : Impression Management

Definition-
Process which people attempts to manage the impressions of themselves that they present to others.

• Done consciously and subconsciously
• Boosts effectiveness of persuasive communication
  

* * *

WHY?
the fuck we do it

1. Increase our appeal
2. Make others feel better around us (flatter, agree, favors and positive body language)
3. Enhance socially desirable behaviors

* * *

WAYS
to fucking do it

Non-verbal communication
-Body language

Verbal communication
-Talk cock, lie

Self-Handicapping
**Actions or thoughts that handicaps our performance in order to build an excuse for anticipated failure

Advantages!
-Protect self-esteem, self-image, public image
-Save face when lose, Win face when win
-Can be real or feigned

Disadvantages
-We may believe our excuses and perform less well, causing failure that we feared beforehand
-Lead others to make negative evaluations about our performance
-Can be dangerous if overboard(SMOKING, DRINKING, DRIVING LIKE F1)

Social Cognition : Social Comparison

Function-
1)Build self-image
2)Meet expectations and norms of society

• To rate ourselves with others when we are uncertain
• Usually compare to someone similar

* * *

Methods of Social Comparison

1)Upward Social Comparison
(Comparing with someone better)

Advantages
-Gives us an aim, improve ourselves
-Increase positive self regard; mastery

Disadvantages
-Makes us feel inadequate and disillusioned about our abilities
-Discouraging if standard isn't achievable

2)Downward Social Comparisons
(Comparing with someone who sucks)

Advantages
-Assessment of our position in a community
-presents us in positive light; making us feel good
-give self-esteem a boost

Disadvantages
Use common sense plz

3)Similar Social Comparisons
(Compare perceptions/attitude with similar people)

To assure ourselves that we fit social norms and fit in with our peers.

Social Cognition : Impressions, Impression Formation

Definition -
Formulation of tentative conceptions about others' emotions, motivations and personalities by gathering and interpreting situational and behavioral cues.

* * *

Impression Formation
1) Non-verbal communication

• physical characteristics
• face problem/expression
• eye contact
• posture, gait, movement
• open/closed posture
• gestures
• proxemics

2) Verbal communication
Two levels of assessment are involved:

Semantic - content/ what shit they talking
Expressive - tone, volume/ how the fuck they talking

3)Paralinguistic Cues
Variations in speech

• intonation, volume, pitch
• word emphasis
• pauses/hesitation

'Who are you?'
'WHO...are...YOU!!!!??'

* * *

Impression Formation : Principles

1)Formed through direct/indirect contact
2)Evaluated from limited external information
3)Impressions partly based on stereotypes (schema)
4)First impressions initially based on outward appearance
5)Primary Effect - First impressions form a base for subsequent judgements
6)3 Levels of judgements : physical, socio-cultural, psychological