Human Rights, the Right to Have Rights, and Life Beyond the Pale of the Law

Bibliography File Note.

Type
Journal Article

Author
Emma Larking

URL
http://ift.tt/2qqJ8XK

Volume
18

Issue
1

Pages
57

Publication
Australian Journal of Human Rights

Date
2012

Accessed
2017-05-13 08:32:18

Library Catalog
papers-ssrn-com.ezproxy.lib.monash.edu.au

Abstract
In The Origins of Totalitarianism, Hannah Arendt is famously scathing of the societies established between World Wars I and II to advocate on behalf of refugees

Human Rights, Personal Responsibility, and Human Dignity: What Are Our Moral Duties to Promote the Universal Realization of Human Rights?

Bibliography File Note.

Type
Journal Article

Author
Julio Montero

URL
http://ift.tt/2qqJZaJ

Volume
18

Issue
1

Pages
67-85

Publication
Human Rights Review

ISSN
1524-8879, 1874-6306

Date
2017/03/01

Journal Abbr
Hum Rights Rev

DOI
10.1007/s12142-016-0430-6

Accessed
2017-04-04 01:55:19

Library Catalog
link.springer.com.ezproxy.lib.monash.edu.au

Language
en

Abstract
According to the orthodox or humanist conception of human rights, individuals have a moral duty to promote the universal realization of human rights. However, advocates of this account express the implications of this duty in extremely vague terms. What does it mean when we say that we must promote human rights satisfaction? Does it mean that we must devote a considerable amount of our time and resources to this task? Does it mean, instead, that we must make occasional donations to charities working to advance human rights realization? In this essay, I argue that this duty can only be constructed as imperfect. This means that it confers agent-relative discretion on us to decide when, how, and to what extent to advance the human rights of others. It also means that it is neither correlative with rights nor enforceable. As I will explain, the main reason for this is that any attempt to construct it as a perfect duty would infringe the dignity of the potential duty bearers and thereby undermine the very values that human rights practice aspires to serve. Finally, I will conclude by providing some guidelines for those who wish to comply with their imperfect duties to improve the situation of those whose human rights are in peril.

Short Title
Human Rights, Personal Responsibility, and Human Dignity

Human Rights, Free Movement, and the Right to Leave in International Law

Bibliography File Note.

Type
Journal Article

Author
Colin Harvey

Author
Robert P. Barnidge

URL
http://ift.tt/2lNYaSO

Volume
19

Issue
1

Pages
1-21

Publication
International Journal of Refugee Law

ISSN
0953-8186

Date
2007/03/01

Journal Abbr
Int J Refugee Law

DOI
10.1093/ijrl/eel025

Accessed
2017-02-15 04:34:53

Library Catalog
academic-oup-com.ezproxy.lib.monash.edu.au

Closing the country

This article was originally published on APPS Policy Forum.

Asher Hirsch unpicks the precarious future of Australia’s hard-line asylum seeker policy.

What does the future hold for refugee policy in Australia? Following a brutal policy approach to people seeking asylum in recent years and a blanket policy of harsh deterrence from both major parties, a key question now is whether these policies are sustainable, let alone desirable, over the longer term. Already, tensions and challenges have emerged that threaten Australia’s absolute refusal to face up to its refugee responsibilities.

Continue reading “Closing the country”

Does What Happens Offshore, Stay Offshore?

This article was originally published on Asylum Insight.

Australia leads the world in outsourcing and offshoring its human rights obligations. It is the only nation to subcontract the management of its entire detention centre network to private for-profit corporations. It is also the only nation that mandatorily detains those who arrive without a visa, and sends those who come by boat to third countries for processing. Between 2001 and 2007, and again from 2012, the Australian government has attempted to avoid both moral and legal responsibility for asylum seekers by sending them to offshore detention centres in the Pacific.

Australia maintains that responsibility for the management of these centres, and for the numerous abuses that have taken place there, rests solely with the host countries of Papua New Guinea and Nauru. The secretary of the Department of Immigration and Border Protection, Mr Michael Pezzullo, asserted during the 2015 Senate inquiry into conditions at the detention centre on Nauru that:

‘The Australian government does not run the Nauru Regional Processing Centre, or RPC. It is managed by the government of Nauru, under Nauruan law, with support from the Australian government. The government of Nauru operates the RPC, assesses asylum claims and, where persons are found to be in need of protection, arranges settlement. The government of Nauru is specifically responsible for security and good order and the care and welfare of persons residing in the centre.’ (emphasis added)

Continue reading “Does What Happens Offshore, Stay Offshore?”