International Covenant on Civil and Political Rights article 2. 47 See Agiza v Sweden, UN Committee against Torture Communication No.233/2003 (2005) [13.7]; Xxxxx v Canada, UN Committee against Torture Communication No.319/2007 (2011) [8.8]–[8.9]; Xxxx Xxxxxx Xxxxx v France, UN Committee against Torture Communication No.63/1997 (2000); Alzery v Sweden, UN Human Rights Committee Communication No.1416/2005 (2006) [11.8]. For an analysis of this jurisprudence, see Parliamentary Joint Committee on Human Rights, Thirty-sixth report of the 44th Parliament (16 March 2016) pp. 182-183. harm' to the individual.48 Section 198AE of the Migration Act provides the minister with a non-compellable and non-delegable discretion to determine that section 198AD does not apply to an unauthorised maritime arrival if they think it is in the public interest to do so. However, such a discretionary safeguard is unlikely to be sufficient for the purposes of international human rights law, particularly where the rights in question are absolute and may never be permissibly limited. It is unclear when and how such a discretion may be utilised. It is also unclear what other procedural mechanisms, if any, persons subject to removal to Nauru could access to challenge that removal, particularly prior to their removal from Australia. Rights of the child
International Covenant on Civil and Political Rights. 3.1.2. Hold any person in slavery, servitude, or forced labor (See Article 4, United Nations Universal Declaration of Human Rights; Article 8,
International Covenant on Civil and Political Rights. 3.1.3. Contribute to the institution of slavery, slave trading, forced labor, or unlawful child labor (See Article 4, United Nations Universal Declaration of Human Rights; Article 8,
International Covenant on Civil and Political Rights. 3.1.4. Torture or subject any person to cruel, inhumane, or degrading treatment or punishment (See Article 5, United Nations Universal Declaration of Human Rights; Article 7
International Covenant on Civil and Political Rights. 3.1.5. Discriminate on the basis of sex, gender, sexual orientation, race, ethnicity, nationality, religion, caste, age, medical disability or impairment, and/or any other like circumstances (See Article 7, United Nations Universal Declaration of Human Rights; Article 2,
International Covenant on Civil and Political Rights. 3.1.6. Prevent any person from exercising his/her/their right to seek an effective remedy by a competent court or national tribunal (including domestic judicial systems, international courts, arbitration bodies, and other adjudicating bodies) for actions violating the fundamental rights granted to him/her/them by applicable constitutions, applicable laws, or by this License (See Article 8, United Nations Universal Declaration of Human Rights; Articles 9 and 14,
International Covenant on Civil and Political Rights. 3.1.7. Subject any person to arbitrary arrest, detention, or exile (See Article 9, United Nations Universal Declaration of Human Rights; Article 9
International Covenant on Civil and Political Rights. 3.1.8. Subject any person to arbitrary interference with a person’s privacy, family, home, or correspondence without the express written consent of the person (See Article 12, United Nations Universal Declaration of Human Rights; Article 17
International Covenant on Civil and Political Rights. 3.1.9. Arbitrarily deprive any person of his/her/their property (See Article 17, United Nations Universal Declaration of Human Rights);
International Covenant on Civil and Political Rights. The latter provides that: (a) Everyone shall have the right to hold opinions without interference; (b) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice; (c) The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (d) for respect of the rights or reputations of others; (e) for the protection of national security or of public order (ordre public), or of public health or morals.” – Xxxxx Xx Xxx - Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, 16 May 2011 (A/HRC/17/27) Working Group B - Openness | 17 Annex “In this regard, the Special Rapporteur also emphasizes that the existing international human rights standards, in particular article 19, paragraph 3, of the International Covenant on Civil and Political Rights, remain pertinent in determining the types of restrictions that are in breach of States’ obligations to guarantee the right to freedom of expression.” – Xxxxx Xx Xxx - Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, 16 May 2011 (A/HRC/17/27)
