Equality before the law is a highly ‘fundamental value of Australia’s criminal justice system’. Throughout Australia's legal system, Gaze and Smith (2016) stated that the equality laws seek to guarantee that everyone has an equitable chance to access employment, jobs and healthy life. Judicial officers must be informed of any political bias or discrimination towards people from diverse backgrounds. This ensures people have equality before the Law. Therefore, the judiciary system in Australia must ensure judges in courts do not view another citizen preferentially or create a mistaken inference regarding other people in the community. To consider the diversity of history, meaning and lifestyle, as well as the perspectives of individuals with diversified backgrounds, the program employs several approaches, to ensure that everybody is willing to achieve the same legal conclusions. Australia's legal framework recognizes that Aboriginal Australians have a varied history, ethnicity, age, sex and impairment. There are also disabled citizens in some of the regions of the world, and young citizens have a high degree of social inequity and inequality (Arstein-Kerslake and Flynn 2016). That is why it agrees that such persons are more likely to be perpetrators or interested. The goal of Australia 's equity law is both to take care of those communities who are more likely to face disadvantage and injustice and, at the same time, to guarantee fair exposure to resources available.
As litigants, claimants, witnesses or testimonies; as attorneys, prosecutors or even more commonly as judges, women engage in the judicial system. There have been certain instances in the criminal courts, where the children and women were treated with suspicion (Jülich and Thorburn 2017). A lot of times the trial judge refused to penalise the accused based on the older evidence. When a spouse of a woman is killed in criminal proceedings through incompetence, she is often required to endure a judge's embarrassment to determine how "marriageable" she is and whether her losses will be diminished. With regards to criminal law, it has become very challenging for the courts to enforce the different strategies by which women tend to react to threat or self-defence might be available to action (Jülich and Thorburn 2017).To comparison to the overwhelming number of perpetrators of sexual violence, Indigenous women are often female prisoners who obtain jail terms (Martin 2018).To comparison to the overwhelming number of perpetrators of sexual violence, Indigenous women are often female prisoners who obtain jail terms (Martin 2018). Thus, Australian women are largely treated unfairly. Therefore, for guaranteeing fair rights for all our people, a standard by which equity problems should be evaluated should be particularly relevant because they are in many common law countries.
Arstein-Kerslake, A. and Flynn, E., 2016. The General Comment on Article 12 of the Convention on the Rights of Persons with Disabilities: A roadmap for equality before the law. The International Journal of Human Rights, 20(4), pp.471-490.
Gaze, B. and Smith, B., 2016. Equality and discrimination law in Australia: an introduction. Cambridge University Press.
Jülich, S. and Thorburn, N., 2017. Sexual violence and substantive equality: Can restorative justice deliver? Journal of Human Rights and Social Work, 2(1-2), pp.34-44.
Martin, W., 2018, September. Unequal justice for indigenous Australians. In Judicial Review: Selected Conference Papers: Journal of the Judicial Commission of New South Wales, The (Vol. 14, No. 1, p. 35). Judicial Commission of NSW.
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