Content of the treaties

Contributed by Kate Eastman and current to 1 September 2005

The International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights is the principal human rights treaty. It sets out the major human rights, including the right:

• to not be arbitrarily deprived of life;

• to not be subjected to torture;

• to not be subjected to medical or scientific experimentation without consent;

• to not be imprisoned because of an inability to fulfil a contractual obligation;

• to freedom of movement and choice of residence in Australia;

• to equality before the law;

• to a fair trial in criminal and civil proceedings;

• to protection from arbitrary interference with privacy, family, home or correspondence;

• to protection from unlawful attacks on reputation;

• to freedom of thought, conscience and religion;

• to freedom of expression and freedom of speech;

• to peaceful assembly;

• to participation in public affairs, voting and access to employment in the public service;

• to freedom of association and freedom to join trade unions;

• to not be discriminated against because of race, colour, sex, language, religion, political or other opinion, national or social origin, birth or other status; and

• for minority groups, to enjoy their own culture, religion and language.

The International Convention on the Elimination of all Forms of Racial Discrimination

The International Convention on the Elimination of All Forms of Racial Discrimination focuses on racial discrimination and requires Australia, as a signatory, to guarantee to all its citizens, without distinction on the ground of race, colour, or national or ethnic origin:

• equal treatment before courts and tribunals;

• security of the person, and protection from violence, whether inflicted by government officials or by an individual, group or institution;

• participation in elections and equal access to the public service;

• freedom of movement and residence in Australia;

• the right to leave any country, including Australia, and to return to Australia;

• the right to marriage and choice of spouse;

• the right to own property alone and in association with others;

• freedom of thought, conscience and religion;

• freedom of opinion and expression;

• freedom of peaceful assembly and association;

• the right to employment and training;

• equal opportunity in cultural activities; and

• access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafes, theatres and parks.

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The rights in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment are relatively limited, and there is some overlap with the International Covenant on Civil and Political Rights, which also prohibits torture. Torture in this convention is broadly defined to mean any act by a government which intentionally inflicts severe pain or suffering (physical or mental) to obtain a confession, or for purposes of punishment, intimidation or coercion.

Under the Convention:

• Australia has an obligation not to threaten to deport or extradite a person to another country when there are substantial grounds for believing that the person would be in danger of being tortured if they went there;

• a person who claims to have been tortured has a right to complain to the state’s authorities, and to have the claim promptly and impartially examined;

• a person is protected in court proceedings from the use of statements made under torture.