Workers' Human Rights in Australia

University of Melbourne Legal Studies Research Paper No. 230

Centre for Employment and Labour Relations Law Working Paper No. 39

36 Pages Posted: 22 May 2007

See all articles by Colin Fenwick

Colin Fenwick

University of Melbourne - Law School

Abstract

This paper is about the legal protection of the human rights of workers in Australia. I focus in particular on aspects of the protection of freedom of association, and how Australian law acts to eliminate discrimination in employment and occupation. This focus of course takes in only two of the four areas covered by the core labour standards of the International Labour Organisation (ILO), leaving out the issues of child labour and forced labour. It therefore sidesteps the debate about the adequacy of the ILO's conception of what are core labour standards, and avoids important questions about the implementation of some of Australia's international obligations as a party to the International Covenant on Economic, Social and Cultural Rights (ICESCR), in particular as concerns the rights to work, to just and favourable conditions of work, and to social security. I have selected the focus despite these limitations because of the significant volume of material on the topics, and because they serve to illustrate more fully some of the significant limitations of Australian law as a means of protecting workers' human rights.

Keywords: human rights, Australia, workers

JEL Classification: J50, K31

Suggested Citation

Fenwick, Colin, Workers' Human Rights in Australia. University of Melbourne Legal Studies Research Paper No. 230, Centre for Employment and Labour Relations Law Working Paper No. 39, Available at SSRN: https://ssrn.com/abstract=987745 or http://dx.doi.org/10.2139/ssrn.987745

Colin Fenwick (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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