Human Rights Explained
Fact sheet 7:Australia and Human Rights Treaties
Australia does not generally ratify human rights treaties unless it is satisfied that its domestic laws comply with the terms of the treaty. Australia has ratified the ICCPR and the ICESCR as well as other major human rights instruments, including:
- Convention on the Prevention and Punishment of the Crime of Genocide
- Convention on the Political Rights of Women
- Convention on the Elimination of all forms of Racial Discrimination
- Convention on the Elimination of all forms of Discrimination against Women
- Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
- Convention on the Rights of the Child
- Convention on the Reduction of Statelessness
- Convention relating to the Status of Stateless Persons
- Convention Relating to the Status of Refugees
- Slavery Convention of 1926
- Supplementary Convention on Slavery
Australia has also recently ratified the Convention on the Rights of Persons with Disabilities.
Australia has also ratified a number of conventions developed by the International Labour Organisation including the Declaration on Fundamental Principles and Rights at Work.
The Human Rights Conventions that Australia has not ratified include:
- Convention on the Rights of Migrant Workers and their Families
- The Optional Protocol to the Convention Against Torture and Cruel, Inhuman and Degrading Treatment or Punishment
- The Optional Protocol to the Convention on the Elimination of Discrimination Against Women
While Australia has ratified the major international human rights treaties, they do not form part of Australia’s domestic law unless the treaties have been specifically incorporated into Australian law through legislation.[1] Some provisions of a treaty may however already exist in national legislation. For instance, many of the provisions contained in the Convention on the Rights of People with Disabilities already exist in Australian law through the Disability Discrimination Act 1992.
This principle reflects the fact that the ratification of treaties is the responsibility of the Executive in the exercise of its prerogative power whereas law making is the responsibility of the Parliament.
Section 51(xxix) of the Australian Constitution,
gives the Commonwealth Parliament the power to enact legislation that implements
the terms of those international agreements to which Australia is a
party.[2]
For further information on the treaties and
conventions that Australia has signed see the Department of Foreign Affairs and
Trade (DFAT) Treaty
Database.
[1] Kioa v West (1985) 159 CLR 550.
[2] Commonwealth v Tasmania (Tasmanian Dam Case) (1983) 158 CLR
1.
Updated July 22, 2008 .
