Public Law and the Rights of Individuals Research Paper

Public Law and the Rights of Individuals - Research Paper modellingIndividuals Rights Protection Five adjusts of individuals are outlined in the Constitution of Australia (Clark et al, 2010). The first and the most important right for every individual is the right to vote (Sec. 41). In terms of modern democracies, it is of great importance that every individual could realize his role as an active participant of a social life of the country. A right to vote underlines a civil significance of every individual. The second right outlined in the Constitution of Australia is protection against acquisition of property on unjust terms (Sec. 51 (xxxi)). To have a property and to assure safety and protection to it means personal safety and peace (McKnight, 2005). scratch 116 is rivet on the right of freedom of religion, which is beneficial for the citizens of Australia, but with respect to modern diversities of the society it would be germane(predicate) to take into account dissimilitude against sexual orientation and race (Willet, 2000 Sanders, 2002). The latter point is underlined in Section 117, which is focused on prohibition of discrimination basing on the place of residence. Section 80 considers the right of a trial to jury. With respect to individuals rights protection, this point means a lot as well. It is of crucial importance for citizens to be aware of fair trial (Tazreiter, 2009 Hansen and Ainsworth, 2009). Still, individuals rights are not powerful taken into account in Australia. This can be illustrated by some restrictions of the common law (Morabito, 2003). For example, wowork force and men are considered to have equal rights. Nevertheless, it is often claimed that women are prevented from been occupied in different professions in Australia (Harris and Twomey, 2008). Fortunately, commencement from 70s, some legal Acts were issued directed on discrimination prevention on the keister of racial discrimination (1975), sex discrimination (1984), disa bility discrimination (1992) (Roht-Arriaza, 1995). Thus, we can claim that the main principle of individuals rights protection is based on non-discrimination principles. Anti-discrimination laws are promoted in Australia. It is claimed that every complaint should be properly processed and mutual agreement on it should be reached either by means by peaceful negotiations or in the court. Still, there is a serious gap concerning individuals rights protection, when discrimination occurs on the basis of sexual preferences, age, religion or other(a) matters (Meyerson, 2009). Thus, Gelber (2002) claims human rightslaw has not engaged explicitly with spiritual traditions, inthe sense that human rightsprinciples tend to advocate freedom of religion, yet this freedom is controversial incases where a religious tradition denies plurality. Furthermore, many religious traditions evidence historical discrimination and intolerance (Gelber, 2002). Thus, it is relevant to introduce some changes i n individuals rights protection in Australia. This may concern a better protection of the rights of a child, or individuals rights protection on the basis of concerns other than outlined in International Human Rights Protection. Right to Wellbeing may be considered as a rough draft as a childs rights protection in Australia