Discuss about the Competition and Complementarity Scripts.
The report is based on the topic on human rights and the policies that have been taken to achieve the goal regarding the human rights. United Nations, for several years, have been engaging in the improvement of standards regarding the rights of the individual as well as the states. It has taken various measures for the betterment of the fundamental rights and in certain situation; it has been observed that the institution has played an important role regarding the problems related to the asylum seekers. Universal Declaration of Human Rights are one of the measures management. Michael Kirby and Gillian Triggs regarding the refugee rehabilitation have promised another measure. This report has stated about the legal issues faced by these measures or policies, stakeholders who are affected by the legal issues generated by the policies, certain specific legislations and treaties, and remedies.
The wise step of the United Nations regarding the human rights can be observed in case of the Universal Declaration of Human Rights. It has been resolute in the years 1948. The rules and the policies regarding the individual’s rights have been observed through international treaties and related laws on human rights[2]. There are thirty Articles in the declaration and each of the Articles is dealing with various topics that are pronounced for the interest of the human being. The policy was implemented for the whole community. The idea was generated during the World War II, when there is a deficit regarding the fundamental rights has been observed.
The problem regarding the asylum seekers or the refugees has been increased notoriously due to dramatic increase in the policies of certain specific states, natural calamities and war policies. It has been a serious problem regarding the international policies and Australia is one of the affected countries regarding the matter[3]. It has been observed that the immigration system of Australia is playing a role regarding the issue and it has been presumed by the policy makers that the refugees that are immigrated in the provinces of Australia must be returned to their homeland. However, conflict cropped up when they are not returned. Certain allegations have been made against the asylum policies of Australia as it has been reported that the states are detained the asylum seekers illegally in jail. He problem was highlighted by the prominent human rights activists Michael Kirby and Gillian Triggs. They have chalked out certain policies so that it will become possible to reduce the problem. They are concentrating on the rights of the asylum seekers and implementing certain policies so that they could not be detained in jail illegally and being tortured by the respective government.
In case of the Universal Declaration, there are certain legal issues based on the fundamental rights of the human being observed. It has been stated in the general meeting of the commission that the intention of the declaration should promote the fundamental features of the human being[4]. The main criteria of this report are based on the humanitarian ground and it has been noticed that the following subject matter are applicable to certain primary and secondary legal sources. It has been observed in Brown v Board of Education 347 U.S 483 (1954) that the education system should have to maintain equality and therefore, different schooling for the white and black is unconstitutional. It can be treated as the primary sources. It has also been stated in many cases that the refugee problem is a universal problem and that should be deal from ethical aspect. Leading newspapers like Sydney Herald or the Australians has published a lot of news on the refugee problems or justice and equity. The Guardian has broadcasted several editions on the illegal detention of the refugees and also protested against the child detention that is an established fact of the Australian law. Triggs had also published book and documentary videos regarding the refugee rehabilitation and detention policy. These can be treated as thge secondary sources. The freedoms have been categorised in the United Nations Covenants. These rights are also termed as the human rights and it has been stated that the rights are attached to the emotion of the citizens. It has been stated by the commission that the policies implementing by the Universal Declaration are binding on all the member states and this feature is given the Declaration a constitutive nature. According to certain diplomats, this declaration is a part of the customary law and it can create pressure on the governments if there is a breach regarding the rules of the declaration can be observed. Certain legal issues such as the racial discrimination, women discrimination, child rights and torture have been included under the declaration.
On the other hand, in case of the asylum seekers, the main problem evolved with the human rights of the refugees and the state policies over them. Gillian Triggs that the Australian government has failed to implement reasonable care for the refugees and in many cases, their fundamental rights such as freedom of self-determination, movement, thought or expression could not be exercised properly have pointed it out. The child detention is another legal issue in this case[5].
A stakeholder means the persons or the organisation that are directly affected by the legal issues pointed out. According to the legal issues cropped up in the case of Universal Declaration, the stakeholders are the backward classes who do not enjoy all the fundamental duties and if the government of a particular state have failed to comply with the policies mentioned under the declaration. In case of the second issue, it is obvious to state that the refugees are the main stakeholders.
Therefore, it can be said that the problem regarding the asylum seekers that has been pointed out by Michael Kirby and Gillian Triggs are based on the humanitarian ground and the help of the global assistance must solve it. The political activists have taken many steps and the above named activists highlight the remarkable points. It should be kept in mind that every asylum seekers have certain fundamental rights and therefore, all of them should be treated equally. They should not be detained in custody without any reason and for that, the law regarding the same should be altered. Recently, Australia has faced trouble regarding the asylum detention and therefore the department of immigration management should adopt necessary step.
The problem regarding the UDHR and the asylum seekers should be dealt from ethical and philosophical perspective. It is the ethical duty of every individual to extend their helping hand to the refugees, as they have to leave their homeland. The freedoms that are stated under the UDHR policies should be maintained and attempt should be taken from the side of the non-legal audience too. Certain philosophical approach should also maintained to resolve the problem.
I have experienced the fact that this part deals with the international treaties, regulations, policy papers or the relevant case laws upon which the legality of the declarations are depended. I have understood the fact that legal sources of Australia are depending on codified and un-codified laws and that can be categorised as federal parliaments, common law system and Australian constitutions. There are two sources of law in the judicial system of Australia. The first one is written in several enactments and constitution and the other one is depended on the precedents that are the decisions made by the judges. In Australia, the administrative section is based on the commonwealth system and the legal section is maintaining the federal law rules. I have neen analysed on the legal facts of the judicial system of Australia and found that there are certain public and private laws present that demonstrate the relationship between the public and government and relate the private rights of the individuals too. Now days many cases are reported or published in the newspaper and other articles. I am going to prescribe some of it. In 2014, a report regarding the disappearance of Amarildo De Souza had been reported in the Guardian and a serious breach regarding the fundamental rights has been alleged against the police of Rio de Janeiro. The alleged officers were arrested for torture and murder of de Souza. The genocides in Rwanda was also made a great dilemma regarding the infringements of human rights.
In case of the refugee detention, I have observed that there are certain policies enacted for the benefits of the refugees. There are policies on the immigration detention applicable in the case and the same is pronounced in the year 1992[6]. Apart from this, certain human right Acts have been made for the same. In case of the immigration detention in Australia, there is a provision regarding the detention of the child is located. From the humanitarian ground, I do not support this kind of program. Therefore, in these cases, certain guidelines of the juvenile protection have been observed. Rules regarding the Human Rights and Equal Opportunity Commission 1998 and International Covenant on Civil and Political Rights have also been applicable in this case[7].
In this part I have observed a provision regarding the Juris Doctor (JD) program that has been initiated. It is a professional degree and it helps to increase the analysis and research skills and concentrate on the grounds like international, transnational and comparative grounds. Through JD program, the student can enrich their judicial mind, can gain knowledge on certain grounds like legal leadership, international engagement, alumni impact, and may get exclusive leaderships. As a legal student I think the legal skill could be sharpen by the critical analysis of the projected subjects and therefore, it is important to understand the demonstration and implementation of relevant legal policies. There are certain compulsory subjects attached with this legal program of whom four categories are Tort Law, Corporate law, Equity and Evidence.
Conclusion:
Therefore, it can be concluded that the human rights are an important part of the democracy and until the same has been protected, the interest of the citizen will not be secured. It has been observed that the UDHR was adopted in the year 1948, but still the violation of the human rights is being reported through various newspapers. In case of the refugee detention, the same landscape has been observed[8]. However, the problem can be resolved if strict steps can be given by the governments. Many political scientists that the lack of binding principles of the UNO is responsible in this case have pointed it out. These problems should have to be resolved to reach at the ultimate democracy.
Reference:
Fleay, Caroline, et al. “Missing the boat: Australia and asylum seeker deterrence messaging.” International Migration 54.4 (2016): 60-73.
Fleay, Caroline, et al. “Missing the boat: Australia and asylum seeker deterrence messaging.” International Migration 54.4 (2016): 60-73.
Higgins, Claire. “Australian Community Attitudes to Asylum Seekers and Refugees.” Hum. Rts. Defender 25 (2016): 25.
Koelsch, Sarah. “A journey towards conscientisation: Motives of volunteers who support asylum seekers, refugees and detainees.” (2017).
Maguire, Amy. “Refugees and human rights-Challenges for Australia.” Legaldate 29.3 (2017): 3.
Olayemi, Abdul Azeez Maruf, et al. “Islamic Human Rights Law: A Critical Evaluation of UIDHR & CDHRI In Context Of UDHR.” (2015).
Pickering, Sharon, and Leanne Weber. “New Deterrence Scripts in Australia’s Rejuvenated Offshore Detention Regime for Asylum Seekers.” Law & Social Inquiry 39.4 (2014): 1006-1026.
Ssenyonjo, Manisuli. International human rights law: six decades after the UDHR and beyond. Routledge, 2016.
Tomuschat, Christian. Human rights: between idealism and realism. OUP Oxford, 2014.
Trang, Jeanette. “A Moral Justification for Universal Human Rights: Connecting Two Traditions on the Principle of Human Dignity.” (2015).
Voeten, Erik. “International Human Rights Institutions: Competition and Complementarity.” Global Order and the New Regionalism(2016): 55.
Zwi, Karen, et al. “Summary of position statement on refugee and asylum?seeker health.” Journal of paediatrics and child health51.7 (2015): 657-657.
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