Public Law and the Rights of Individuals - Research Paper Example

Individuals Rights Protection Five rights of individuals are outlined in the Constitution of Australia (Clark et al, 2010). The first and the most important right for every individual is the right to vote (Sec. 41). In terms of modern democracies, it is of great importance that every individual could realize his role as an active participant of a social life of the country. A right to vote underlines a civil significance of every individual. The second right outlined in the Constitution of Australia is “protection against acquisition of property on unjust terms” (Sec. 51 (xxxi)).

To have a property and to assure safety and protection to it means personal safety and peace (McKnight, 2005). Section 116 is focused on the right of freedom of religion, which is beneficial for the citizens of Australia, but with respect to modern diversities of the society it would be relevant to take into account discrimination against sexual orientation and race (Willet, 2000; Sanders, 2002). The latter point is underlined in Section 117, which is focused on prohibition of discrimination basing on the place of residence.

Section 80 considers the right of a trial to jury. With respect to individual’s rights protection, this point means a lot as well. It is of crucial importance for citizens to be aware of fair trial (Tazreiter, 2009; Hansen and Ainsworth, 2009). Still, individual’s rights are not properly taken into account in Australia. This can be illustrated by some restrictions of the common law (Morabito, 2003). For example, women and men are considered to have equal rights. Nevertheless, it is often claimed that women are prevented from been occupied in different professions in Australia (Harris and Twomey, 2008).

Fortunately, starting from 70s, some legal Acts were issued directed on discrimination prevention on the basis of racial discrimination (1975), sex discrimination (1984), disability discrimination (1992) (Roht-Arriaza, 1995). Thus, we can claim that the main principle of individual’s rights protection is based on non-discrimination principles. Anti-discrimination laws are promoted in Australia. It is claimed that every complaint should be properly processed and mutual agreement on it should be reached either by means by peaceful negotiations or in the court.

Still, there is a serious gap concerning individual’s rights protection, when discrimination occurs on the basis of sexual preferences, age, religion or other matters (Meyerson, 2009). Thus, Gelber (2002) claims: “ human rights law has `not engaged explicitly with religious traditions', in the sense that human rights principles tend to advocate freedom of religion, yet this freedom is controversial in cases where a religious tradition denies plurality. Furthermore, many religious traditions evidence historical discrimination and intolerance” (Gelber, 2002).

  Thus, it is relevant to introduce some changes in individual’s rights protection in Australia. This may concern a better protection of the rights of a child, or individual’s rights protection on the basis of concerns other than outlined in International Human Rights Protection. “Right to Wellbeing” may be considered as a rough draft as a child’s rights protection in Australia: “