Australian government's human rights abuses

Toblerone is still on the war path - and preparing to go international!

Published on June 21, 2006 By Toblerone In Politics

For a while I have been thinking of taking the Civil Unions issue (see previous articles) to the UN Commision for Human Rights. I have found 6 articles of the The Universal Declaration of Human Rights that the Howard Government has contravened in the process of overturning the ACT Civil Union act (and also in passing his Marriage act that states that marriage is between a man and woman.

My one problem is that I can't really make a complaint that is generalised on behalf of all ACT resident or homosexual. It sounds like (from the UN website) best results are obtained in you have a specific case to bring forward. So if there are any homosexual couples in the ACT that have been affect by this step forward now and send a complain to the UN. A model complaint form can be found here: Link The relevant articles on which to based your complaint are listed below.

Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

I guess homosexuals would come under the catergories of "other status" and ACT residents under "jurisdictional status".

Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

This one is fairly self-explanatory but it is key when applying the other articles to homosexuals.

Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

I would count preventing someone to marry/have a civil union as a personal attack on their family.

Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Note that there is nothing in this argument states that marriage is between a man and a woman. It merely says that both men and women have equal right with regards to marriage.

Article 22.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

The key phrase their is cultural rights indispensable for his dignity and the free development of his personality. If marriage or civil unions aren't an expression of your personality I don't know what is. Who you love and choose to bind yourself to legally is what could be cosidered and ultimate expression of your personality.

Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

This is especially relevant to both the passing of the Marriage act and overturning the Civil Unions act when seen in the light of Article 16 of the declaration.

Man I'm tired, it's 3am. Please excuse any major typographical errors I'm far too tired to proof reading (and my writing usually REALLY needs it!)

Comments (Page 2)

dynamaso

on Jun 28, 2006

The thing is, a same sex couple is not legally recognized as legitimate any more than a non-married hetero couple is recognized as legitimate. As individuals those people have exactly the same rights as every other citizen and are in no way denied any of those common rights.

I guess my point was trying to say here in Australia, a non-married hetero couple ARE recognised in the eyes of the law (albeit after having to prove themselves a couple, rather than produce a marriage certificate). Sorry, just being pedantic...

champas

on Jul 04, 2006

Quoting Andrew Bartlett:

"Obviously points have been raised by Senator Brown and others about how it is inappropriate to overturn a decision of the territory parliament and the territory parliament should be able to make their own laws. I understand that argument, but it is not one that I am prepared to use because, if you going to take that approach, you have to be 100 per cent consistent on it. You cannot only use that argument when you like the laws that you are trying to defend; you have to use that argument when it applies to laws you do not like. Whilst I like this law in the ACT—I am quite open about that—the Democrats in the past have introduced legislation, which also had Senator Brown’s and the Labor Party’s name on it, seeking to overturn the mandatory sentencing laws in the Northern Territory. They were laws that I very strongly disliked—laws that I am glad are no longer there, as I understand it. Personally, if I believe it is an important enough case—and I do not suggest that the federal parliament should willy-nilly overturn any law that it is vaguely dissatisfied with—and the power is there, whether it is the law of a territory or a state, I have to say that, to be consistent, I would be willing to overturn it."

Toblerone

on Jul 04, 2006

I saw that quote already, I read the hansard as soon I could.

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