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Human Rights Response PrepThe definition of human rights: Human rights are the recognition of the inherent dignity of and the equal rights of all members of the human race. It is the foundation of freedom, justice and peace in the world. Human rights are universal, inalienable, inherent and indivisible.The abolition of slavery: The system by which people are owned by other people and carry out actions on their behalf, often physical labour or sexual. Protected by Article 4 of the UDHR: Freedom from slavery. Modern Slavery Act 2018 (Cth)Trade unionism and labour rights: Trade union, also called?labour union, association of workers in a particular trade, industry, or company created for the purpose of securing improvements in pay, benefits, working conditions, or social an political status through?collective bargaining. Protected by Article 23 of UDHR: Right to work. Fair Work Act 2009 (Cth)Universal suffrage: The universe right to vote in elections and partake in the democratic process. Protected by Article 21 of UDHR: Right to partake in public affairs. Case: King v Jones 1972. Section 41 of the Australian ConstitutionUniversal education: The right to the process of receiving or giving systematic instruction, especially at a school or university. Protected by Article 26: Right to education. Australian Education Act 2013 (Cth)Self-determination: A collective right. The process by which a country determines its own statehood and its government. The process by which a person controls their life. Protected by Article 1 of ICCPR: Right to self-determination. Case: Mabo v Queensland 1992. Native Title Act 1993 (Cth)Environmental rights: Environmental rights mean access to the unspoiled natural resources that enable survival, including land, shelter, food, water and air. They also include more purely ecological rights, including the right for a certain beetle to survive or the right for an individual to enjoy an unspoiled landscape. Protected by Article 12 of ICESCR: The right of everyone to enjoy the highest attainable standard of physical health. Environment Protection and Biodiversity Conservation Act?1999 (Cth)Peace rights: The?right?to a comprehensive?peace and human?rights?education and the?right?to resist and oppose oppressive colonial, foreign occupation or dictatorial domination. Protected by Article 13 of ICESCR: Right to education and peace. Case: Lipohar v R (1999). Common law breach of the Queens peace. Universal Declaration of Human Rights: The Declaration was adopted by the United Nations General Assembly on the 10th of December 1948 and was originally signed by 48 of the 58 states that existed in the world at that time. The UDHR has 30 articles, covering rights such as the right to life, liberty, security, thought, religion, education, work, join a trade union, have an adequate standard of living, freedom, free from slavery and torture, and, equality of movement and asylum. The UDHR is a declaration, making it soft law that is officially non-binding but still influential. The UDHR has inspired more than 200 international treaties, conventions, declarations and bills and has become a part of international customary law. Motivated by the experiences of the preceding world wars, the UDHR was the first time that countries agreed on a comprehensive statement of?inalienable?human rights.?The UDHR begins by recognising that ‘the?inherent?dignity of all members of the human family is the foundation of freedom, justice and peace in the world’. It declares that human rights are?universal?– to be enjoyed by all people, no matter who they are or where they live. The UDHR includes?civil and political rights, like the right to life, liberty, free speech and privacy. It also includes?economic, social and cultural rights, like the right to social security, health and education. Now has 192 signatures.International Covenant on Civil and Political Rights: Drafted in 1966, came into force in 1976 when meeting 35 ratifications. Creates an obligation to respect the civil and political rights of individuals including equality between men and women (art 2 and 3), right to life (art 6), the right to freedom of movement, the right to a fair trial, right to presumption of innocence (9 and 14), freedom of thought, conscience, speech, religion and assembly (18, 19, 27 and 22), right to marriage, special protection of children (arts 23 and 24). Torture and slavery are outlawed, and prisoners must be treated with respect (art 7 and 8). Ethnic minorities have equal protection and the right to enjoy their own cultures (art 26). ICCPR contains monitoring and periodic reporting arrangements for member states. It is over seen by the Human Rights Committee which reports on the compliance of member states and investigates violations. At the beginning of 2016 the ICCPR had been ratified by 168 states.International Covenant on Economic, Social and Cultural Rights: Drafted in 1966, came into force in 1976 when meeting 35 ratifications. Created obligations on states to work towards granting economic, social and cultural rights to individuals. Includes labour rights, such as the right to just conditions, fair wages, right to join trade unions, adequate standard of living, food, clothing, housing, education, and health care. Overseen by the UN Committee on Economic, Social and Cultural Rights, as of 2015 has been ratified by 164 nationsState sovereignty: The authority of an independent state to govern itself. A state is recognised as a region with a defined territory, a permanent population, an effective government and the capacity to enter international relations.The authority of an independent state to govern itself. A state is a basic unit of the international system. Statehood should not be confused with political entities within a federal system. Nations do not always correspond with state borders. In international law, recognition as a state requires a number of factors, including: ?– ?A defined territory. – ?A permanent population. ?– ?Effective government. – ?The capacity to enter into international relation. A sovereign state is a geographical area that is controlled by a central government which exercises supreme independent authority over that area internally and externally. The sovereignty of states is one of the most essential components of the international system. State sovereignty refers to the ultimate law-making power of a state - its independence and freedom from external interference in its affairs. Not all governments equally accept the idea that their own people have certain rights. State sovereignty is a large obstacle to the enforcement of human rights. International agreements must be signed, ratified and enacted in order to be legally forceable. The duty to enact is on the nation as they are a sovereign state, it is option for them not to participate or entirely enact the instrument. However, some instruments place responsibility on nations and commitments, such as routine check ins to determine if the nation is complying with their obligations. Within Myanmar, the ICCPR is not signed, allowed due to state sovereignty. Similarly, the UDHR is signed, but not ratified in Myanmar.The ultimate law-making power of a state over its territory and population, including independence and freedom from external influence.States have the ability to choose whether they will enforce human rights and the extent to which they will protect them. State sovereignty may be used as a justification for the unfair abuse and exploitation of a population by its government — not all governments equally accept the idea that their own people have certain rights e.g. Child Brides in Pakistan highlights the violation of children’s rights but due to state sovereignty other states cannot overrule that government. State sovereignty can impact negatively on the protection of human rights because breaches of these rights cannot be controlled. The protection of human rights internationally undermines the idea of national sovereignty because it means interfering with a nation’s domestic affairsStrengthsWeaknesses- Stops interference from other countries into the law making and enforcement of other countries. - Not all governments equally accept the idea that their own people have certain rights = some countries may commit human rights abuses with impunity. - Allows the legal system to meet the expectations of that country’s citizens.- No clear definition of statehood that binds the international community.- Recognises that no one state is valued greater than another state, resulting in equality. - International treaties can have little to no enforceability as they are not domestic law.- Doesn’t allow the influences of international bodies.- Sovereignty can be used by governments as a means to avoid international security regarding human rights record.- Allows for a celebration of diversity.- Nations are only bound by international law when they agree to incorporate into domestic law.The United Nations:The United Nations is a vast organisation with substantial power, consisting of 193 member states, including almost every sovereign state in the world. The ?UN General Assembly? – consisting of representatives from all member states with equal voting power; is the main forum for international discussions, deliberations, declarations, and recommendations. The ?UN Human Rights Council? reports directly to the General Assembly. The ?UN Security Council? – the UN organ charged with maintenance of international peace and security; exercised through legally binding resolutions. The ?Economic and Social Council ?– body has 54 rotating members meeting annually to assist in promoting international economic and social cooperation and development. The UN Secretariat - the main administrative body of the United Nations with over 40,000 staff working worldwide; provides the various information, studies, tasks, and facilities needed by the UN. International Court of Justice? –? ?the principal judicial organ of the UN; has jurisdiction under the UN Charter to settle international disputes submitted to it by member states and produce advisory opinions on matters of international law submitted to it by international organs. The first case entered in the General List of the Court (Corfu Channel (United Kingdom?v.?Albania)) was submitted on 22 May 1947. Between 22 May 1947 and 1 July 2019, 177 cases were entered in the General List.International Criminal Court- Established the signing of an international treaty, Rome Statute of the International Criminal Court (Rome Statute in 1968). Came into force in 2002 when 60 states had formally ratified. Over 110 state parties to the ICC. ICC aims to prosecute and try international crimes of a serious nature. Separate from the UN, consists of 18 judges from different signatory countries. Operates in pre-trial, trial and appeals divisions. Addresses genocide, crimes against humanity and war crimes. Court of last resort. Can only prosecute a case when state courts are unwilling to do so. Jurisdiction can only be exercised when the accused is a national of a member state of the treaty, the alleged crime occurred in the territory of a member state, the situation is referred to the ICC by the UN Security Council. If convicted, the ICC can impose a sentence on an individual.43 warrants issued by the court. Only 16 of the individuals have been brought before the court. Including Ahmad al-Mahi in 2016, was charged with war crimes and received a sentence of 9 years.The Office of the UN High Commissioner for Human Rights is an administrative agency under the UN Secretariat that works to promote and protect human rights contained in the UDHR and international law. Its purposes include: – Advancing universal ratification and implementation of the UDHR and human rights standards and treaties. – Promoting universal enjoyment of human rights and international cooperation. – Providing support and information for other UN human rights bodies and treaty-monitoring bodies. The UN Human Rights Council addresses human rights violations worldwide and makes recommendations and works closely with the OHCHR to perform its duties. It has adopted a series of specific measures that aim to increase its power and address human rights abuses, including: – A complaints procedure allowing individual people to bring issues to the Council’s attention if they have been a victim of human rights abuse in a state. – ?Compulsory periodic reviews of the human rights situation in all 193 member states. – An Advisory Committee to provide expertise and advice and recommend issues for the Council to consider. MDGs and SDGs- Millennium Declaration or Millennium Developmental Goals were signed in 2002, after the world poverty conference, by all UN member nations. This declaration aimed to reach several goals by 2015 including, eradicate extreme poverty and hunger, universal primary education, gender equality, reduce child mortality, improve mental health, combat various diseases, ensure environmental sustainability. Some countries made noticeable gains, but others showed limited improvement. 17 Sustainable Development Goals were signed and agreed upon by 70 countries in 2015.Intergovernmental organisations:An intergovernmental organisation is an international institution made up of member states. IGOs are created by agreement between states, and each has an international treaty that acts as a charter outlining the organisation’s purpose and operation. Some of the first worldwide IGOs were the International Telegraphic Union in 1865 and the Universal Postal Union in 1974. The United Nations, created by the 1945 UN Charter, is the most important of all IGOs. Other powerful IGOS include the World Trade Organisation, the International Monetary Fund, the North Atlantic Treaty Organisation, and INTERPOL. A number of the IGOs have the promotion of human rights as part of their stated goals and can exert significant influence on the human rights situations of their member states, although the influence of every organisation differs. Examples are: – Commonwealth of Nations. – African Union. – ?Organisation of American States. – European UnionEuropean Union (EU)-States must be democracies that uphold the rule of law, respect and uphold universal human rights and adhere to the UN Charter on the use of force North Atlantic Treaty Organisation (NATO)-States must be democracies that uphold the rule of law, respect and uphold universal human rights and adhere to the UN Charter on the use of forceCommonwealth of Nations-Abide by the principles of democracy and respect human rights Can be expelled from the Commonwealth due to non-compliance (e.g. Fiji, Nigeria, Pakistan and Zimbabwe have all been temporarily suspended) Promotion of democracy, the rule of law, human rights, individual liberty and good governance Association of Southeast Asian Nations (ASEAN)-ASEAN Charter 2008 ASEAN Intergovernmental Commission on Human Rights: established in 2009, aims to promote and protect human rights, no formal enforcement powers, members cannot be punished for infringements Courts, tribunals and independent:The International Court of Justice is an organ of the United Nations and started operation in 1946 at the Peace Palace in The Hague, The Netherlands.The ICJ has two roles: – ?To hear and judge disputes between states. ?– ?To issue advisory opinions on matters of international law. In Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,? presented on 9 July 2004, the ICJ issued an important, though controversial, advisory opinion that the Israeli West Bank barrier - a 700km wall partitioning the Palestinian-occupied West Bank from Israeli territory - was contrary to international law and encroached on disputed territory. The strongest criticism of the ICJ is that it requires the consent of state parties to hear matters, and so has very little jurisdiction. The court is unable to hear cases brought by individual people or private organisations. The International Criminal Court was established in 2002 to prosecute international crime. The ICC is not a court for human rights violations specifically, but it does prosecute and hear matters relating to the most serious international crimes. The ICC has jurisdiction to prosecute individual people rather than states. The European Court of Human Rights was set up in 1959 in Strasbourg, France, to apply and protect the human rights on the citizens of Europe. The Association of Southeast Asian Nations is in talks to develop a human rights charter and a human rights court. A quasi-judicial body which assesses member state compliance with the ICCPR and can hear petitions raised by the states about each other’s compliance A number of cases have been raised against Australia, and the strong persuasive power of the Committee’s rulings can be seen in the case of ?Toonen v Australia.Statutory authorities:Human Rights Committee-Assesses member states compliance with the ICCPR and can hear petitions raised by the states about each other’s compliance The First Optional Protocol to the ICCPR hives the Committee jurisdiction to hear personal complains brought by individuals of member states about human rights violations in their own countryToonen v Australia 1994 (UN Human Rights Committee) Tasmanian Nicholas Toonen complained about Tasmanian laws that criminalised consensual sex between adult males; were a violation of his right to privacy (protected under Article 12 of UDHR and 17 of ICCPR) Discrimination based on sexual activity and orientation breeched Articles 2 and 7 of UDHR and Article 26 of ICCPR The Committee ordered Australia to repeal the law as it was in violation of Toonen’s right to privacy Tasmania refused to repeal the law and thus the federal government was forced to enact the Human Rights (Sexual Conduct) Act 1994 (Cth), which legalised consenting sexual activity between adults throughout all of Australia Human Rights Council-Universal Periodic Review of all member states However, it is up to the state to declare what action they will take if inadequacies present themselves Committee on Economic, Social and Cultural Rights (CESCR)Committee on Elimination of Racial Discrimination (CERD)Committee on the Elimination of Discrimination Against Women (CEDAW)Committee on the Rights of the Child (CRC)Their role is to consider reports, individual complaints and communications and publishing general comments and organising forums and discussions related to issues Non-government organisations:International Court of Justice (ICJ)-To hear and judge disputes between states, and to issue advisory opinions on matters of international law Relatively few cases Strong criticism over the requirement of the consent of state parties to hear matters and thus has limited jurisdiction Unable to hear cases brought by individuals or private organisations Limited powers of enforcement International Criminal Court (ICC)-Permanent international court that hears cases relating to the most serious international crimes and gross human rights abuses (i.e. genocide, war crimes and crimes against humanity) Individuals can be tried for crimes against humanity and human rights infringements Established by the Rome Statue (111 parties have agreed to the statute’s provisions and the jurisdiction of the ICC) Ad Hoc UN Tribunals-Set up by the UNSC under the rules of UN Charter Individuals could be prosecuted for crimes against humanity e.g. International Criminal Tribunal for the former Yugoslavia 1993 heard breeches of the Geneva Conventions (i.e. war crimes) e.g. International Criminal Tribunal for Rwanda 1994 (cases of genocide)European Court of Human Rights-Member states are all bound by the European Convention on Human Rights Individuals can bring forward cases Jurisdiction over human rights issues in the EU Limited enforcement powers (states that do not comply to its ruling could be expelled from the Council) Influential body: numerous laws in the UK have been revised following ECHR rulings. However, has a backlog of 120 000 cases.The media:The media plays a crucial role in the ‘naming and shaming’ of governments and human rights violators by investigating, reporting, and then exposing instances of human rights abuse. This is, however, largely the case in only the Western world, as many countries that inflict the greatest human rights abuses on their people do not allow freedom of the media. Media freedom is severely restricted in many countries - it is often unsafe for reporters to undertake their work, as it could result in censorship, imprisonment, beatings, or even death. According to one important NGO, the Committee to Protect Journalists, 71 journalists were killed in 2009, including 29 who were killed in one brutal massacre in an unstable region of the Southern Philippines. AUSTRALIAThe Constitution, including division of powers and separation of powers:Expressed Rights-s. 116 (freedom of religion i.e. Commonwealth not to legislation in respect of religion) s. 117 (right against discrimination on the basis of out-of-State residence i.e. no subjection to any disability or discrimination on a state basis) s. 109 (inconsistency of laws i.e. legislature hierarchy – Commonwealth law shall always prevail) s. 80 (trial by jury i.e. indictable offences against any law of the Commonwealth shall be by jury in the state where the offence was committed) s. 51 (xxxi) (right to just compensation i.e. acquisition of property on just terms) s. 51 (xxxvii) (residual powers i.e. States can refer power back to Commonwealth) s. 51 (legislative powers of the Parliament: “power to make laws for the peace, order, and good government of Commonwealth”)Implied Rights:s. 7 & s. 24 (implied HCA right to vote i.e. “composed of members directly chosen by the people of the Commonwealth” — Roach v Electoral Commissioner 2007) s. 7 & s. 24 (implied HCA freedom of political communication — Lange v Australian Broadcasting Corporation 1997) (Separation of Powers): the prevention of one person or group from gaining total power by dividing power between the executive, the legislature and the judiciary The Legislature: elected law-makers in Parliament The Executive: government ministers, the Governor-General and Prime Minister The Judicature: the courts that interpret and apply the law Since the New South Wales v Commonwealth (Wheat Case) 1915, the HCA decided that a strict separation of judicial power was a fundamental principle of the Constitution — does not want to be politicized.The judiciary is able to strike down any legislation that is deemed incompatible with the provisions of the Constitution (Division of Powers): the arrangement of how the powers between the federal and state government are divided.Heads of Power: powers listed in s. 51 and s. 52 describe the area that the Commonwealth can legislate on e.g. currency (s. 51 (xviii)), marriage (s. 51 (xxi)), external affairs (s. 51 (xxix) – ability to legislate on treaties (ICCPR, ICESCR, CROC, CEDAW, UDHR) Residual Powers: powers not listed (thus omitted) in the Constitution for the Commonwealth to legislate on are deemed to remain the powers of states e.g. air navigation and terrorism regulation Statute law:Racial Discrimination Act 1975 (Cth)- Article 2 UDHR Eatock v Bolt (2011)Sex Discrimination Act 1984 (Cth)- Article 2 UDHR Poppy v Service Youth Council (2014) FCAAustralian Human Rights Commission Act 1986 (Cth) Disability Discrimination Act 1992 (Cth)- Article 2 UDHR Stevenson v Murdoch Community Services (2010)Age Discrimination Act 2004 (Cth)- Article 2 UDHR Duggan v Belmont 16 Foot Sailing Club Ltd (2015) NSW Civil and Administrative TribunalAnti-Discrimination Act 1977 (NSW)- Article UDHR Walsh v St Vincent de Paul Society Queensland (2008) Queensland Anti-Discrimination TribunalSocial Security Act 1991 (Cth) – adequate standard of living for all Creation of Bodies (e.g. Australian Human Rights Commission and NSW Anti-Discrimination Board) administer federal human rights legislation, including anti-discrimination and privacy legislationThe AHRC investigates and conciliates complaints about human rights abuses but it does not have the power to make legally binding decisions. Parliamentary committees and law reform bodies investigate the protection of human rights in Australia and make recommendations for reform e.g. Parliament’s Human Rights Subcommittee. Common law:The body of law passed down by judgements of the courts. Has evolved over the years independent of government and carries the power to protect many human rights. Common law cannot be relied upon to develop new rights as judgements will only define those rights on a case-by-case basis e.g.ABC v Lenah Games Meats Pty Ltd 2001, the HCA suggested the possibility of a tort for invasion of privacyGiller v Procopets 2008, the Supreme Court of Victoria recognised a person’s right to privacy Mabo and other v the State of Queensland 1992, decided ‘native title’ existed if the Indigenous occupiers of the land could demonstrate an ongoing traditional connection with the land and the title had not been extinguished by a valid government action.Courts and Tribunals:The most significant human rights body in Australia is the Australian Human Rights Commission. An independent national body, it was established under the??Human Rights Commission Act 1986 (Cth), ? to deal mainly with the alleged violations of the Anti-Discrimination Act 1977 (NSW).The AHRC has the responsibility to: – Receive and investigate complaints into discrimination and breaches of human rights. – Promote public awareness about human rights and provide legal advice. – Conduct public inquiries into human rights issues and produce recommendations. – Give advice and make submissions to parliament and governments on the development of laws, policies, and programs consistent with human rights. The Commission’s report, Bringing Them Home, recommended that the Australian Government make an apology to the victims. The Human Rights Commission has two complaints functions: – ?It has the power to investigate many kinds of discrimination, and will try to conciliate the complaint, but if it cannot be resolved, the complainant can take the matter to the Federal Court of Australia. – The Commission can hear complaints on many other human rights breaches in Australian law and international human rights law, although the complainant is unable to take the matter to the Federal Court, but the Commission can make a report to the Attorney-General. The High Court has the power to set precedents that are binding on other courts and to overturn state or Commonwealth legislation where it conflicts with the Constitution. High Court cases involving human rights include the decriminalisation of homosexuality (Toonen v Australian 1994) (Croome v Tasmania 1997), a constitutional right to freedom of political communication (Lange v Australian Broadcasting Cooperation 1997), and a possible common law right to privacy (?ABC Lenah Games Meats). The case of Mabo v Queensland is one of the most important cases in Australian law and involved recognition for the first time of Australia’s Indigenous peoples’ right to a title in their traditional land. With the court’s power to declare legislation inconsistent or invalid, to uphold the rights provided for in the Constitution and to continue to develop the common law, the High Court is arguably the most important protector of human rights in Australia. The NSW Administrative Decisions Tribunal can hear complaints about discrimination and make legally binding decisions about the matter (can award damages up to $40 000).The ACT and Victorian courts can also hear and make decisions about the abuse of human rights contained in their legislative Charter of Rights. High Court of Australia: can set binding presents on other courts and overturn state of Commonwealth legislation e.g. decriminalisation of homosexuality (Croome v Tasmania 1997), Constitution right to freedom of political communication (Lange v Australian Broadcasting Corporation 1997), possible common law right to privacy (ABC v Lenah Games Meats Pty Ltd 2001), all peoples right to vote (Roach v Electoral Commissioner 2007), recognition of the Australia’s indigenous peoples’ right to their traditional land i.e. ‘native title’ (Mabo v Queensland 1992) International tribunals can also be effective in addressing human rights violations where there is no domestic legislation enacting the provisions of signed treaties e.g. Toonen v Australia 1994 (Tasmanian homosexuality laws interfered with his right to privacy under Articles 17 and 26 of the ICCPR – lead to Human Rights (Sexual Conduct) Act 1994 (Cth)).Non-government organisations:Amnesty International The Red Cross The Australian Human Rights Centre at UNSW (provides information about human rights and publishes material about current developments that affect human rights law)The NSW Council for Civil Liberties (monitors and comments on developments that may affect civil rights) Effective in cultivating public awareness, researching issues, making submissions to the Commonwealth, prompting law reform and exposing violations, however, are have very limited on-the-ground functionality The media:Indispensable role in ‘naming and shaming’ governments and human rights violators e.g. ‘Slaving Away’ by Four Corners expose s human rights violations in more depthSignificant influence on public opinion and government action The rights of Australian reports to disseminate information and the right of the public to receive information are not enshrined in law but the freedom of political communication is protected to an extent by HCA interpretation. A Charter of Rights (arguments for and against):Charter of Rights (aka Bill of Rights or Declaration of Rights) is a legal document which sets out the basic rights (civil, political and cultural) to which every human should be entitled.Entrenched Charter: Part of the Constitution therefore all citizens are protected no matter who is in government (no government can pass a law which contradicts a right given by the charter), however, difficult to amend as it requires a referendum and thus is not as fluidly reflective of changing social values (e.g. the US’ right to bare arms sees mass shootings, violence and murder as it is no longer relevant) Legislative Charter (aka Statutory Charter): an act passed by a parliament in the same way as any other law is passed, the Human Rights Consultation Committee suggested that Australia should pass a legislative charter as it can be continually reflective of community values, however, it does not have the same level of protection as an Entrenched Charter as the political party in power can change it (e.g. Britain, New Zealand, Victoria and the ACT)FORAGAINSTExplicit rights, social demand, people not relying on implied rights, such as the IMPLIED right to freedom of speechWould protect EVERYONE, such as demographics that still experience inequality, low socio-economic status and Indigenous peoplesWould fit in with other Western nations- only Western nation without creates a negative image that impacts trade, political deals, tourismGovernment would not be able to interfere with human rights if constitutionalDifficult to amend if constitutional- moral and ethical standards tend to fluctuateVery broad to legislate on, leaves room for legal loopholesIf legislative, easy to change, thus government corruption may influenceDivide may occur, American divide regarding the second amendment, right to bear arms, unable to amend which leads to divisionHuman trafficking and slavery:Trafficking in humans refers to all acts related to recruitment, transport, sale or purchase of individuals through force, fraud or other coercive means for the purpose of exploitation. Force labour, debt bondage, sexual slavery.The abolition of slavery Article 4 Universal Declaration of Human Rights.The Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children was adopted by the UN in 2000. It has been ratified by 166 countries and came into force in 2003.This legislation was refined, and more specific human trafficking offences were added to the Criminal Code through the Criminal Code Amendment (Trafficking in Persons Offences) Act 2005 (Cth).R v Tang?is a?landmark?Australian?judgement of the?High Court. The?matter?related to Wei Tang, the operator of a?Melbourne?brothel,?convicted?for?slavery. The?case?was the first?criminal?conviction?for a slavery offence in Australia and was significant for establishing the modern legal definition of slavery and has been described as "the most crucial test of the effectiveness of our criminal laws against … slavery ever to come before an Australian court." Tang was convicted in 2006 of 5 counts of intentionally possessing a slave and 5 counts of intentionally exercising a power of ownership over a slave, contrary to section 270.3(1)(a) of the Commonwealth Criminal Code. She was sentenced to 10 years’ imprisonment, with a non-parole period of 6 years. Ms Tang was the first person convicted under the anti-slavery laws, introduced in 1999. The charges related to five women, all Thai nationals.NGO- A21. The A21 Campaign develops global programs and initiatives to inform the general public about human trafficking, as well as encouraging the public to fight against trafficking in their own way. Their efforts are focused in and supported by teams in Greece, Ukraine, Australia, USA, Bulgaria, United Kingdom, Norway, South Africa, Thailand, and Spain, where trafficking is most active. Greece, a destination country for human trafficking, and other Eastern European countries, including Ukraine and Bulgaria, are countries of origin, and increasingly countries of destination, for victims of trafficking.?The United States of America, Great Britain, and Australia are destination countries for trafficking victims, while South Africa and Thailand are both sources and destinations for trafficking victims. A21 offers legal counsel to any victims and takes care of them during their trial or recovery process.Australian Federal Police Stats- from 2003-2915, over 600 reports of Human Trafficking. However, there have only been 15 Human Trafficking charges in the entirety of Australian history. They have received 10000 calls to their hotline, helped 300 victims and won 19 court cases- resulting in 38 traffickers sentenced.International Labour Organisation- September 2017 statistics reveal that there are approximately 24.9 million people being illegally trafficked, with this number possibly reaching up to 31 million.According to the State Department's 2017 Trafficking in Persons (TIP) report, there were globally only 14,894 trafficking prosecutions and 9,071 convictions in 2016.Equality now fact sheet revealed that sex trafficking, makes 99 billion dollars a year.UNODC revealed that 71% of human trafficking victims are females and children. 2016 UNODC Global Report on Trafficking in Persons revealed that 54% of trafficking victims are sexually exploited. ................
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