Guide to this bibliography and


Civil and political rights



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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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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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