Civil Procedure Is Not An Effective Way Of Establishing...

Civil Procedure is not an effective way of establishing human rights in Australia. Discuss. Human rights are inherent; they refer to the basic standard of treatment that all people should be entitled to. They are based on the fundamental belief that all human beings have inherent dignity and worth, and assist in the protection of people’s freedom to make choices about their own lives, and they promote equal opportunities for all people to develop to their full potential. In order to ascertain as to whether or not civil procedure provides adequate protections of these rights within an Australian context, it is essential to first examine the current mechanisms in place in the absence of a Bill Of Rights, and to assess their overall†¦show more content†¦The following are recent examples where the Federal Government have ultimately failed to provide adequate protection in relation to human rights: - Asylum seekers – including children – have been detained in immigration detention centres indefinitely and for prolonged periods of time - Illegal detention or deportation of Australian citizens - The introduction of harsh anti-terrorism laws which have infringed fundamental human rights, enacted in the absence of sufficient consideration as to their ramifications. If civil procedure provided an effective means whereby citizen were afford adequate protection of their human rights, Australia would not be continually subjected to international criticism and scrutiny. The introduction of a Bill of Rights in Australia would ultimately help to improve the quality and accountability of government, not to mention the process in and outside the courtroom, administrative law decisions, and the efficiency of legislative bodies. This would assist in providing greater protection of citizens by placing rights above changes in political parties, and reducing the power of arbitrary government action. Several rights are protected under our Constitution, although it in itself was not constructed specifically to protect them; instead, the majority