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  • Subject Name : Human Rights

Civil and Political Rights

Research Question

  1. Whether the circumstances described in the Charter of Human Rights and Responsibilities Act 2006 is different from the International Covenant on Civil and Political Rights?
  2. Whether and how the circumstances of Charter of Human Rights and Responsibilities Act 2006 (Vic) and International Covenant on Civil and Political Rights are different?

Justification of The Research Question

The research plan aims to justify the research question which revolves around the Charter of Human Rights and Responsibility Act 2006 and International Covenant on Civil and Political Rights[1]. As it is known that the Charter is an Act of the Victorian Parliament that was framed to compile the fundamental human rights and liberties in single document. The purpose of creating this document was to frame out the human right that the Australian Parliament want to safeguard and indorse. The research plan will state about the human rights, its parts, applicability, the implementation of ICCPR and also about the limited restrictions allowed by the state in the exceptional circumstances.

The maximum of human rights depicted in section 2 of the Charter are mostly founded on the International Covenant on Civil and Political Rights which is a treaty sanctioned by Australia in 1980[2]. The Charter clearly declares the vital human rights but it does not mean that it eliminates or restricts any of the rights or liberties which are not comprised in the section 5 of the Charter. It simply means that other rights prevailing at common law or rising from other Acts of Parliament are not unfavorably exaggerated by the Charter[3]. According to section 7 of the Charter restrictions applied on a human right where this restriction can be evidently justifiable in relation to unrestricted and republic community grounded on equality, dignity and liberty[4].

Objectives of Civil and Political Rights

The objective of the research plan is to do detailed comprehending of the subject as well as the issues framed. The research plan aims to explore the sections of both the Charter and ICCPR framed under the human rights. This will assist in understanding the procedures of the Charter in kin to the human rights.

Literature Review of Civil and Political Rights

In order to complete this research, the researcher will seek help from the primary and secondary sources respectively. The primary sources comprises of manuscript materials, journals, published books and governmental publications. The secondary sources includes articles, scholarly textbooks, and encyclopedia and library databases.

Research Design of Civil and Political Rights

The researcher aims to research the assignment in qualitative approach. The researcher has chosen the qualitative method as the research involves document analysis to answer the issues framed. This method is mainly relied on the research question, which comprises of the research tactics based on the research motive and this also depends on the obtainability or approachability to the precise data bases and the existing research materials. For this project, various study materials like textbooks, relevant journals and articles will be taken into consideration. 

References for Civil and Political Rights

Branson, C, ‘Human Rights Protections: Need We Be Afraid of the Unelected Judiciary’ (2019) 40. Adel. L. Rev. 233.

Chen, B, ‘How Does the Charter Affect Discretions? The Limits of s 38 (1) and Beyond’ (2018) 38(1) The Limits of s 55.

Farmer, C, ‘The disparity between human rights policy and parliamentary practice in Australia: A Victorian case study’ (2017) 21(2) The International Journal of Human Rights 167-188.

Garde, J, ‘Kuyken v Chief Commissioner of Police [2015] VSC 204’ (2016) 34 Australian Year Book of International Law 242.

Solomon, R, ‘The social construction of human rights legislation: Interpreting Victoria's statutes through their limitations’ (2017) 22 Deakin L. Rev.27.

[1] Chen, B, ‘How Does the Charter Affect Discretions? The Limits of s 38 (1) and Beyond’ (2018) 38(1) The Limits of s 55.

[2] Solomon, R, ‘The social construction of human rights legislation: Interpreting Victoria's statutes through their limitations’ (2017) 22 Deakin L. Rev.27.

[3] Ibid

[4] Branson, C, ‘Human Rights Protections: Need We Be Afraid of the Unelected Judiciary’ (2019) 40. Adel. L. Rev. 233.

Remember, at the center of any academic work, lies clarity and evidence. Should you need further assistance, do look up to our Human Rights Assignment Help

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