'Making It All Rights: International to Queensland Human Rights Law'

Presentation

Jones, N.. "'Making It All Rights: International to Queensland Human Rights Law'." Legal Studies Conference. University of Southern Queensland, Ipswich Campus 03 May 2024
Paper/Presentation Title

'Making It All Rights: International to Queensland Human Rights Law'

Presentation TypePresentation
AuthorsJones, N.
Conference/EventLegal Studies Conference
Event Details
Legal Studies Conference
Delivery
In person
Event Date
03 May 2024
Event Location
University of Southern Queensland, Ipswich Campus
Event Venue
University of Southern Queensland, Ipswich Campus
Event Description

This conference is organised annually by the Business Educators' Association of Queensland for secondary school students of Legal Studies.

Abstract

Although the title of my presentation is very broad, what I want to focus on today is one of the important requirements under the Human Rights Act 2019 (Qld). Although the HRA protects human rights, it also prescribes a proportionality test which is a well-known mechanism that is applied by courts in national and international jurisdictions to determine whether a limit imposed on a human right is justified.

I’ll start broadly by focusing on the question: what are human rights? Then I’ll offer some answers with reference to legal theory and international human rights treaties. Finally, I want to discuss how to deal with human rights under human rights laws such as the HRA, and what proportionality analysis means for decision-makers who have to assess whether laws or conduct are compatible with human rights.

KeywordsHuman rights, proportionality
ANZSRC Field of Research 2020480703. Domestic human rights law
Byline AffiliationsSchool of Law and Justice
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