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
Date Written: April 7, 2011
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
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