Australia and the Birth of the International Bill of Rights: 1946-1966
Australia and the Birth of the International Bill of Rights: 1946-1966
by Annemarie Devereux
Softcover 292 pgs.
Published: October 2005
ISBN: 1-86287-562-6
ISBN-13: 978-1-86287-562-3
$50.00

Australia and the Birth of the International Bill of Rights: 1946-1966

Australia and the Birth of the International Bill of Human Rights provides the first in-depth examination of Australia's initial reactions to "international human rights" during the negotiations for the International Bill of Rights: the Universal Declaration of Human Rights, the ICCPR, and ICESCR.

The book follows Australian policy from 1946, the first year in which the United Nations began discussing a Bill of Rights, until 1966, when the twin Covenants were finalized. It looks at what successive Australian governments understood by "human rights" and how they responded to discussion of sensitive domestic topics such as:

  • immigration policies
  • self-determination for inhabitants of trust territories
  • equal pay for men and women and
  • balancing human rights and national security.
The book considers Australian policies towards substantive rights. It also looks at Australian policies towards international schemes for protecting rights, including early proposals for an International Court of Human Rights, and at Australia's later support for more modest, technical expertise-based assistance for States. These policy debates often took place against the background of highly politicised issues such as the Cold War and the fight against apartheid.

In looking at this 20-year period, the book demonstrates the way in which Australian policy changed substantially over time-- between Labor and Liberal administrations, between Ministers and bureaucrats, and between decision makers with markedly distinct visions of the ideal relationship between citizens and a State, and the individual State and the international community.

In highlighting the diversity of views about human rights, this book challenges the notion that Australia has historically supported a universally understood set of human rights norms and underlines the number of variables which may be affecting ongoing implementation of human rights standards.

Table of Contents

INTRODUCTION
CHAPTER 1: Situating this research
CHAPTER 2: Structure, scope and sources
CHAPTER 3: Setting the scene: The international and domestic setting 1946 – 1966

PART ONE: DEFINING HUMAN RIGHTS GUARANTEES
CHAPTER 4: Economic and Social Rights
CHAPTER 5: Civil and Political Rights
CHAPTER 6: Minority Rights and the Right of Peoples to Self-Determination
CHAPTER 7: Jurisprudence of Human Rights

PART TWO: IMPLEMENTING HUMAN RIGHTS
CHAPTER 8: Domestic Implementation of Human Rights
CHAPTER 9: International Implementation of Human Rights
CHAPTER 10: Human Rights and 'Domestic Jurisdiction'
CHAPTER 11: Conclusion

Bibliography
Appendix 1: Timeline
Appendix 2: The International Bill of Rights (excerpts)

"The author’s analysis... is an important contribution to the jurisprudence of human rights.... the study shows that the negative attitudes evinced by the Australian government in recent times towards the views of the supervisory treaty bodies have deep roots. This analysis is of special interest to those, like me, who regret Australia’s recent criticisms of the treaty body system,... [It] will help to put these and other current events into a longer perspective... It may help us to understand how these policies developed and to find more effective ways to influence future directions when times are more propitious."

-- The Hon. Elizabeth Evatt AC, from the Foreword

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