Examining Australia's Compliance to the International Covenant on Economic, Social and Cultural Rights: Problems and Potential

Asia-Pacific Journal on Human Rights and the Law, Vol. 10, No. 1, pp. 48-66, 2009

Posted: 18 Apr 2011

See all articles by Paul Harpur

Paul Harpur

University of Queensland - T.C. Beirne School of Law

Jackie K. Mapulanga-Hulston

Curtin University - School of Business Law

Date Written: April 7, 2011

Abstract

One of the ways through which human rights can be protected is through international human rights treaties. This article addresses the implications of ratifying such treaties by examining the ratification of the International Covenant on Economic Social and Cultural Rights and Australia's compliance with this convention. Rather than introducing the rights in the ICESCR into law Australia has adopted an indirect method of protecting rights. This paper will analyse the effectiveness of this approach and argue that Australia's approach is not achieving substantive equality and is weakening economic, social and cultural rights. The paper will argue that legally enforceable rights are a powerful force in the protection of human rights.

Keywords: Human Rights, ICESCR

Suggested Citation

Harpur, Paul David and Mapulanga-Hulston, Jackie K., Examining Australia's Compliance to the International Covenant on Economic, Social and Cultural Rights: Problems and Potential (April 7, 2011). Asia-Pacific Journal on Human Rights and the Law, Vol. 10, No. 1, pp. 48-66, 2009. Available at SSRN: https://ssrn.com/abstract=1804737

Paul David Harpur (Contact Author)

University of Queensland - T.C. Beirne School of Law ( email )

Brisbane, Queensland 4072
Australia

Jackie K. Mapulanga-Hulston

Curtin University - School of Business Law ( email )

Perth WA 6845
Australia

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
422
PlumX Metrics