Rights in Australia and The United States

Australia and America in the past have been known as major proponents of human rights.  And it is important that this status doesn’t change due to political or religious pressures.  Everyone born in these countries have certain unalienable rights.  These…

Australia and America in the past have been known as major proponents of human rights.  And it is important that this status doesn’t change due to political or religious pressures.  Everyone born in these countries have certain unalienable rights.  These rights must be safeguarded as sacred.

Introduction

As earlier stated everyone has certain unalienable rights.  Our Founding Fathers deemed these necessary Universal Truths.  Thomas Jefferson used a quote from John Locke “a peoples’ inalienable right to “life, liberty, and the pursuit of happiness”.

“The necessity of pursuing happiness [is] the foundation of liberty. As therefore the highest perfection of intellectual nature lies in a careful and constant pursuit of true and solid happiness; so the care of ourselves, that we mistake not imaginary for real happiness, is the necessary foundation of our liberty. The stronger ties we have to an unalterable pursuit of happiness in general, which is our greatest good, and which, as such, our desires always follow, the more are we free from any necessary determination of our will to any particular action…” (1894, p. 348)

And the Good book reveals to us to heed a warning about our rights and freedom.  The quote is in the Bible the book of Ephesians 6:11 – 12 that reads:

11 Put on the whole armour of God, that ye may be able to stand against the wiles of the (d)evil.

12 For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.

13 Wherefore take unto you the whole armour of God, that ye may be able to withstand in the evil day, and having done all, to stand.

Rights as an American

The Bill of Rights

The Bill of Rights was added to the Constitution in the form of amendments. The chief purpose of the amendments was to protect the rights of individuals from the government’s interference. They guarantee rights such as religious freedom, freedom of the press, and trial by jury to all American citizens.

First Amendment: Freedom of religion, freedom of speech and the press, the right to assemble, the right to petition government.
Second Amendment: The right to form a militia and to keep and bear arms.
Third Amendment: The right not to have soldiers in one’s home.
Fourth Amendment: Protection against unreasonable search and seizure.
Fifth Amendment: No one can be tried for a serious crime unless indicted (accused) by a grand jury. No one can be forced to testify against herself or himself. No one can be punished without due process of law. People must be paid for property taken for public use.
Sixth Amendment: People have a right to a speedy trial, to legal counsel, and to confront their accusers.
Seventh Amendment: People have the right to a jury trial in civil suits exceeding $20.
Eighth Amendment: Protection against excessive bail (money to release a person from jail), stiff fines, and cruel and unusual punishment.
Ninth Amendment: Because there are so many basic human rights, not all of them could be listed in the Constitution. This amendment means that the rights that are enumerated cannot infringe upon rights that are not listed in the Constitution.
Tenth Amendment: Powers not given to the federal government by the Constitution belong to the states or the people.
Other Important Amendments
Thirteenth Amendment (1865): Slavery (in all of its forms) shall not be allowed in the U.S.

Nineteenth Amendment (1920): Women have the right to vote.

Twenty-sixth Amendment (1971): U.S. citizens who are 18 years of age or older have the right to vote. (Previously, they had to be 21 years old.)

The Rights of a Child

In 1989, the United Nations adopted the Convention on the Rights of the Child by reason of his physical and mental immaturity, needs special safeguards and care and because in all countries of the world, there are children living in exceptionally difficult conditions. The following are highlights of the rights.

• Every child has a right to life.
• Every child has a right to a name at birth and a nationality.
• Every child has the right to live with his or her parent unless it is against the child’s best interests.
• Special protection shall be given to refugee children.
• Every child has the right to the highest standard of health and medical care possible.
• The child has a right to education. The state is to ensure that primary education is free and compulsory.
• No child shall be subjected to torture, cruel treatment, unlawful arrest, or deprivation of liberty.
• Children under 15 shall not be recruited into the armed forces.

Citizens Rights of Australians

Every Australian naturalized and native have certain unalienable rights to freedoms.  Some of those are included in the following outline along with their article number.

• Right to self-determination (ICCPR Article 1)
• Rights to equality and non-discrimination (ICCPR Article 2.1, 26; ICESCR Article 2.1; CERD; CEDAW; CAT; CROC; CRPD)
• Human rights and non-citizens (ICCPR Articles 2.1, 13)
• Right to an effective remedy (ICCPR Article 2.3)
• Equal rights of men and women (ICCPR Article 3; ICESCR Article 3; CEDAW)
• Non-diminution of rights (ICCPR Article 5; ICESCR Article 5)
• Right to life (ICCPR Article 6)
• Freedom from torture or cruel, degrading or inhuman treatment or punishment (ICCPR Article 7; CAT)
• Freedom from slavery and forced labour (ICCPR Article 8)
• Security of the person and freedom from arbitrary detention (ICCPR Article 9)
• Right to humane treatment in detention (ICCPR Article 10)
• Prohibition on imprisonment for inability to fulfil a contract (ICCPR Article 11)
• Right to freedom of movement (ICCPR Article 12)
• Fair trial and fair hearing rights (ICCPR Article 14.1)
• Prohibition on retrospective criminal laws (ICCPR Article 15)
• Right to recognition as a person (ICCPR Article 16; CRPD Article 12)
• Freedom from interference with privacy, family, home or reputation (ICCPR Article 17)
• Freedom of thought, conscience and religion or belief (ICCPR Article 18)
• Freedom of information, opinion and expression (ICCPR Article 19)
• Prohibition of advocacy of national, racial or religious hatred (ICCPR Article 20; CERD Article 4)
• Freedom of assembly (ICCPR Article 21)
• Freedom of association (ICCPR Article 22; ICESCR Article 8)
• Right to respect for the family (ICCPR Article 23.1)
• Right to marry and found a family (ICCPR Article 23.2)
• Rights of parents and children (ICCPR Article 24; CRC)
• Right to name and nationality (ICCPR Article 24; CERD; CEDAW; CRC; CRPD)
• Right to take part in public affairs, voting rights and access to public service (ICCPR Article 25)
• Rights of members of ethnic, linguistic and religious minorities (ICCPR Article 27)

Rights of Australian Children

(a) The development of the child’s personality, talents and mental and physical abilities to their fullest potential;

The right to get an education
The right to play and have fun!

(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;

The right to be treated fairly
The right to have a say about decisions affecting you

(c) The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;

(d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;

The right to live and grow up healthy
The right to be safe no matter where you are

(e) The development of respect for the natural environment.

Thank you for Reading!

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Copyright 2019-2024 Sabrina Renee Lemire