Civil and political rights: Freedom of expression: Contempt of court; Security of the person: Habeas corpus and detention, Police powers; Rights of special groups: Children's rights: Children and the law; Prisoners' rights
Related issues—
double jeopardy; equality before the law; habeas corpus; judicial process; legal aid; natural justice (right to be heard, right to unbiased hearing, right to be given reasons); neighbourhood and community justice centres; right to bail; right to counsel; right to silence; speedy trial
Double jeopardy Natural justice Right to bail Right to counsel Right to silence
Freedom of religion, thought and conscience
See also—
Civil and political rights: Freedom of expression; Discrimination: Racial discrimination (Aborigines, indigenous peoples and minorities), Religious discrimination
Synoptic table of human rights 125
Related issues—
aid to religion; belief– action dichotomy; deprogramming; establishment of religion; faith healing; scientology; segregated church-related schools; tax exemption
Conscientious objection
Civil disobedience and symbolic speech
DISCRIMINATION
See also—
Human rights — general: International instruments and agencies: United Nations Covenants and Conventions; Regional instruments and agencies: European Convention on Human Rights, European Commission on Human Rights; Domestic instruments and agencies: United States Constitution; Philosophy of equality; Discrimination: Racial discrimination (Aborigines, indigenous peoples and minorities), Sex discrimination — women, Discrimination — homosexuals, Affirmative action, Age discrimination; Rights of special groups: Disabled persons' rights, Immigrants' and aliens' rights, Mentally retarded persons' rights
Related issues—
apartheid; criminal process; discrimination on the basis of national extraction; economics of discrimination; education; employment; equal protection of the law; genocide; legislation; merit and equality; morally relevant characteristics; political discrimination; private discrimination; segregation; separate-but-equal doctrine; slavery
Racial discrimination (Aborigines, indigenous peoples and minorities)
See also—
Social, economic and cultural rights
Related issues—
Aboriginal children; Aboriginal embassy; accommodation; education; employment discrimination; ethnicity; external affairs power; history of Aborigines; incitement to racial hatred and prejudice; land rights; Makarrata; Aboriginal customary law; racist propaganda and racial prejudice; reserves; restrictive covenants; right to be classified as Aboriginal; right to culture; right to language; right to legal aid; right to natural resources; Tasmanians; Torres Strait Islanders; voting
Criminal process
See also—
Discrimination: Racial discrimination (Aborigines, indigenous peoples and minorities)
Related issues—
criminal procedure; habeas corpus; judges' rules; legal aid; Aboriginal customary law; relations with police; sentencing
Aboriginal customary law Land rights
See also—
Discrimination: Racial discrimination (Aborigines, indigenous peoples and minorities): Aboriginal customary law
Related issuesMakarrata
External affairs power Voting
126 Bibliography
See also—
Discrimination: Racial discrimination (Aborigines, indigenous peoples and minorities); Human rights — general: Domestic instruments and agencies: United States Constitution, Philosophy of equality; Sex discrimination — women
Incitement to racial hatred and prejudice
See also—
Discrimination: Racial discrimination (Aborigines, indigenous peoples and minorities); Civil and political rights: Freedom of religion, thought and conscience: Civil disobedience and symbolic speech
Related issues—
access to the media; censorship; defamation and libel; freedom of the press (media); journalistic privileges
Employment
See also—
Discrimination: Racial discrimination (Aborigines, indigenous peoples and minorities); Affirmative action; Freedom of association: Trade unions
Education See also—
Discrimination: Racial discrimination (Aborigines, indigenous peoples and minorities), Affirmative action: Reverse discrimination, Preferential admission
Related issues—
religious schools; segregation; separate-but-equal doctrine
Sex discrimination — women
See also—
Discrimination: Affirmative action, Discrimination — homosexuals; Rights of special groups: Immigrants' and aliens' rights, Disabled persons' rights; Civil and political rights: Right to life: Abortion
Related issues—
Battered women; employment; equal rights amendment; family law; feminism; marital status; matrimonial property; migrant women; protection against rape; prostitution; right to participate; sexual harassment; social services; union rights; women in universities
Employment
See also—
Discrimination: Affirmative action
Social services Domestic violence
Discrimination — homosexuals
See also—
Discrimination: Sex discrimination— women, Affirmative action
Related issues—
education; employment; family law; gay rights; lesbianism; right to child custody; right to parenthood; privacy; police powers
Synoptic table of human rights 127
Affirmative action
See also—
Discrimination: Racial discrimination (Aborigines, indigenous peoples and minorities), Discrimination — women; Rights of special groups: Immigrants' and aliens' rights, Disabled persons' rights
Related issues—
Aborigines; compensation; equal educational opportunity; preferential admission; preferential hiring; positive discrimination; quotas; racism; reverse discrimination; timetables and goals; women
Reverse discrimination
See also—
Discrimination: Affirmative action: Preferential admission, Preferential hiring
Preferential admission
See also—
Discrimination: Affirmative action: Reverse discrimination, Preferential hiring
Preferential hiring
See also—
Discrimination: Affirmative action: Reverse discrimination, Preferential admission
Age discrimination
See also—Discrimination
Related issues—
accommodation; age of consent; contractual capacity; employment; aged migrants; prejudice; provision of goods and services; recreation; retirement legislation; social security; superannuation; voting
Religious discrimination
See also—
Discrimination; Civil and political rights: Freedom of religion, thought and conscience: Conscientious objection, Civil disobedience and symbolic speech
RIGHTS OF SPECIAL GROUPS
Children's rights
See also—
Civil and political rights: Freedom of expression: Censorship, Access to the media, Obscenity; Right to life: Abortion, Euthanasia
Related issues—
abortion; ante-natal rights; child abuse and neglect; child custody; child maintenance; child pornography; children's liberation; delinquency; education; euthanasia; juvenile courts; parental rights; right to counsel; right to a family; surrogate motherhood; violence and obscenity in the media
Child abuse and neglect Children and the law
Related issues—
community welfare; delinquency; divorce; due process; ex-nuptials; juvenile courts; right to counsel
128 Bibliography
Health and medical care
See also—
Civil and political rights: Right to life: Abortion, Euthanasia; Security of the person: Bodily integrity
Parental rights
Immigrants' and aliens' rights
See also—
Discrimination: Racial discrimination (Aborigines, indigenous peoples and minorities), Affirmative action; Social, economic and cultural rights: Multiculturalism
Related issues—
accommodation; assimilation; asylum; deportation and due process; employment
discrimination; ethnic broadcasting; ethnic rights; ethnicity; interpreting services; legal aid services; migrant women; naturalisation; on-arrival and post-arrival programs; refugees; right vote; welfare rights; White Australia Policy
Deportation and due process
See also—
Civil and political rights: Security of the person: Habeas corpus and detention, Police powers
Related issues—
bail; double jeopardy; legal aid; right to counsel; right to silence
Refugees
See also—
Rights of special groups: Immigrants' and aliens' rights: Deportation and due process
Prisoners' rights
See also—
Civil and political rights: Right to fair trial (due process), Right to life: Capital punishment; Security of the person: Cruel and unusual punishment and torture, Habeas corpus and detention
Related issues—
civil disabilities; human experimentation; legal disabilities; parole; political disabilities; right to legal advice; right to medical and health care
Disabled persons' rights
See also—
Civil and political rights: Right to life, Security of the person: Bodily integrity; Discrimination: Affirmative action: Preferential hiring; Rights of special groups: Children's rights: Health and medical care; Social, economic and cultural rights
Related issues—
access to public places; congenital disability; disabled migrants; disabled women; economic security; legal aid; medical care; occupational health and safety; poverty; rights of hospital patients; social security
Education, rehabilitation and training
Related issues—
learning barriers; recreation training; right to education; sexual rehabilitation; sheltered workshops; vocational training
Synoptic table of human rights 129
Community care
Related issues—
accommodation; deinstitutionalisation; hostels
Civil rights
Related issues—
personal injury claims; right to access; workers' compensation; 'wrongful life'
Mentally retarded persons' rights
See also—
Civil and political rights: Right to life: Abortion, Euthanasia; Security of the person: Bodily integrity, Habeas corpus and detention; Discrimination: Affirmative action: Preferential hiring; Rights of special groups: Children's rights: Health and medical care; Disabled persons' rights; Social, economic and cultural rights
Related issues—
behaviour control; developmental deficiency; eugenics; exceptional children; human experimentation; intellectual handicap; legal incapacity; mental health
Medical care and therapy
Related issues—
behaviour modification; depo-provera; involuntary hospitalisation; psychotropic drugs; right to treatment; sterilisation
Education, rehabilitation and training
Related issues—
recreation; training; right to education; sexual rehabilitation; sheltered workshops; vocational training
Community care
Related issues—
accommodation; behaviour modification; deinstitutionalisation; normalisation
Civil rights and legal safeguards
Related issues—
civil commitment; due process; fitness to plead; guardianship; incapacity; legal aid; legal incompetency; power of attorney; protective services
SOCIAL, ECONOMIC AND CULTURAL RIGHTS
See also—
Human rights — general: International instruments and agencies: United Nations Covenants and Conventions; Civil and political rights: Right to self-determination, Freedom of assembly: Trade unions; Freedom of expression: Access to the media; Freedom of religion, thought and conscience; Discrimination: Racial discrimination (Aborigines, indigenous peoples and minorities): Land rights; Religious discrimination
Related issues—
appropriate technology; artists' right; cultural heritage; developing countries; exploitation; fair and equal remuneration; hygiene; international aid; leisure; New International Economic Order; right to education; right to strike; right to work; self-determination; standards of living; working conditions
130 Bibliography
Multiculturalism
See also—
Civil and political rights: Freedom of expression: Access to the media; Freedom of religion, thought and conscience; Discrimination: Racial discrimination (Aborigines, indigenous peoples and minorities): Aboriginal customary law; Relgious discrimination; Rights of special groups: Immigrants' and aliens' rights: Refugees
Related issues—
assimilation; cultural pluralism; ethnicity; immigration; integration
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131
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Bibliography
Human rights —
general
AUBERT, VILHELM. 'Human Rights and the Promotional Function of Law', ch. 7, in V. Aubert, In Search of Law, Oxford, Martin Robertson, 1983, pp. 152-73.
ISBN 0 85520 491 5.
AUSTRALIA. ROYAL COMMISSION ON HUMAN RELATIONSHIPS. Final Report. Canberra, Australian Government Publishing Service, 1977. 5 vols. ISBN 0 642 028893 3. Part I. Introduction, summary and recommendations. Part II. Education for human
relationships. Part III. Health and medical education. Part IV. Sexuality and fertility.
Part V. The family. Part VI. Equality and discrimination. Part VII. Rape and other sexual offences.
BRAHAM, RANDOLPH L. (ed.). Human Rights: Contemporary Domestic and International Issues and Conflicts. New York, Irvington Publishers, 1980. Pp. vi + 169.
ISBN 0 8290 0232 4.
Proceedings of a conference on human rights arranged by various departments of the City University of New York. Contains eleven papers dealing with Human Rights and the U.S. Bill of Rights, U.S. foreign relations and five papers looking at the philosophical problems of the identity and justification of rights. Appendixes include the Universal Declaration, both international rights covenants and the Optional Protocol.
CHALIDZE, VALERY. 'Human Rights in the New Soviet Constitution', in Donald Barry, George Ginsburgs & Peter B. Maggs (eds), Soviet Law After Stalin. Part II: Social Engineering Through Law, Alphen aan den Rijn, Sijthoff and Noordhoff, 1978,
pp. 67-81. (No. 20(II) of Law in Eastern Europe series.).
CHALIDZE, VALERY. To Defend These Rights. New York, Random House, 1974. Pp. viii + 340. ISBN 0 394 48725 7.
An analysis and critique of the theory and practice of human rights in the U.S.S.R. CHALMERS, DONALD. 'Human Rights and What is Reasonably Justifiable in a Democratic Society'. (1975) 3 Melanesian Law Journal, 92-102.
CHOSSUDOVSKY, M. 'The Political Economy of Human Rights'. (1979) 10 Bulletin of
Peace Proposals, 172-8.
•
CRANSTON, MAURICE. What Are Human Rights?. 2nd edn. London, Bodley Head, 1973. Pp. 170. ISBN 0 370 10379 3.
An excellent, brief introduction to the study of human rights. Chapters on the history and philosophy of human rights, brief surveys of the history of specific rights — to life, to liberty and to property, and three final chapters dealing with the UN and international human rights instruments.
CRANSTON, MAURICE. 'Pope John XXIII on Peace and the Rights of Man'. (1963) 34 Political Quarterly, 380-90.
DINSTEIN, Y. 'Science, Technology and Human Rights'. (1979) 5 Dalhousie Law Journal, 155-68 .
DONNELLY, JACK. 'Human Rights and Human Dignity: An Analytic Critique of
132 Bibliography
Non-Western Conceptions of Human Rights'. (1982) 76 American Political Science Review, 303-16.
DOWRICK, F. E. (ed.). Human Rights: Problems, Perspectives and Texts. Farnborough, England, Saxon House, 1979. Pp. vi + 223. ISBN 0 566 00281 7.
A collection of essays and materials on human rights. Contributors include a political scientist, a theologican, a classics scholar, a philospher, the President of the European Commission of Human Rights (J. E. S. Fawcett) and the Director of Amnesty's British Section (David Simpson). Each of the contributions was originally a public lecture given at Durham University to mark the 30th anniversary of the UN Declaration. Appendixes include the UN instruments on rights, European Convention, and Social Charter, Helsinki Final Act, French and Virginia Declarations, U. S. Federal Bill of Rights, bills and lists of rights proposed by Lauterpacht, Maritain and Roosevelt and excerpts from the Russian and Chinese Constitutions. Bibliography (pp. 212-15).
FORSYTHE, DAVID P. 'Human Rights Protection: A Research Agenda'. (1979) 1 Universal Human Rights, 1-24.
GRIBBINGS, G. & RODLEY, N. S. (eds). 'The Current Status of Human Rights'. (1971) 38 Social Research (special issue), 175-410.
P. E. Jacobs, 'The Political Ethos and Human Rights'. C. N. Ronning, 'Human Rights and Humanitarian Laws in the Western Hemisphere'. F. Przetacznik, 'The Socialist Concept of Protection of Human Rights'.
HARTMAN, JOAN F. 'Derogation from Human Rights Treaties in Public Emergencies'. (1981) 22 Harvard International Law Journal, 1-52.
KAMENKA, EUGENE & TAY, ALICE ERH-SOON (eds). Human Rights. London, Edward Arnold, 1978. Pp. viii + 148. ISBN 0 7131 6121 3.
Contains essays which examine 'the development of the idea of human rights, the internal complexities of that idea and its place in the world today'. The contributors include lawyers, philosophers, an historian of ideas, a political scientist and a sociologist. There are nine essays in all.
KAMENKA, EUGENE & TAY, ALICE ERH-SOON. 'Introduction: Human Rights and "the" Australian Tradition', in Alice Erh-Soon Tay et al. (eds), Teaching Human Rights: An Australian Symposium. Canberra, Australian Government Publishing Service, 1981, pp. 1-16. ISBN 0 642 06762 7.
LAQUEUR, W. & RUBIN, B. (eds). The Human Rights Reader. New York, Scarborough, Ontario, New American Library, 1979. Pp. viii + 375. LC 79-87938.
The authors have compiled materials that provide a comprehensive introduction to human rights. Materials include excerpts from books, articles and speeches, and relevant parts of treaties and laws. Part I deals with the philosophical background; Part II with the burgeoning of 'natural rights'; Part III with the international protection of minorities; Part IV with international law and human rights; Part V treats the Marxist critique of rights; Part VI looks at the most significant international agreements on human rights since World War II; Part VII looks at major current issues in international human rights. Excellent bibliography
(pp. 330-75).
LAUREN, P. G. 'Human Rights in History'. (1978) 2 Diplomatic History, 257-78.
MAHER, F. K. H. 'The Kinds of Legal Rights'. (1965) 5 Melbourne University Law Review, 47-75.
MARKS, STEPHEN P. 'Emerging Human Rights: A New Generation for the 1980s'. (1981) 33 Rutgers Law Review, 435-52.
Human rights—general 133
MCCAMANT, JOHN. 'Social Science and Human Rights'. (1981) 35 International Organization, 531-52.
MILLAR, T. B. 'Human Rights and Diplomacy', in Alice Erh-Soon Tay et al. (eds), Teaching Human Rights: An Australian Symposium. Canberra, Australian Government Publishing Service, 1981, pp. 69-72. ISBN 0 642 06762 7.
MURPHY, J. 'Objections to Western Conceptions of Human Rights'. (1981) 9 Hofstra Law Review, 433-74.
NAWAZ, M. K. 'The Concept of Human Rights in Islamic Law'. (1965) 11 Howard Law Journal, 325-32.
POWLES, G. 'The Citizen's Rights Against the Modern State and Its Responsibilities to Him'. (1964) 13 International and Comparative Law Quarterly, 761-97.
REYNOLDS, T. H. 'Highest Aspirations or Barbarous Acts. The Explosion in Human Rights Documentation: A Bibliographical Survey'. (1978) 71 Law Libraries journal, 1-48.
STARR, FREDERICK S. 'Human Rights and United States Foreign Policy: The Carter Years'. (1981) 56 Tulane Law Review, 132-47.
SUTER, KEITH D. Human Rights: Today and Tomorrow (Issues of the Eighties, No. 2). Sydney, United Nations Association of Australia, 1981. Pp. 35.
ISBN 0 9599117 90.
An introduction to the developing international concern for human rights. Argues for an "integrated approach" by using civil and political rights to aid respect for economic and social rights. Urges greater co-operation between non-governmental organisations operating in the international arena.
TAY, ALICE ERH-SOON, et al. (eds). Teaching Human Rights: An Australian Symposium. Canberra, Australian Government Publishing Service, 1981. Pp. vi + 216.
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