Public Law and the Rights of Individuals Research Paper

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 â€Å"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 cl aim 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: â€Å" 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 individualâ€℠¢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. â€Å"Right to Wellbeing† may be considered as a rough draft as a child’s rights protection in Australia: â€Å"

The slavery in America Research Paper Example | Topics and Well Written Essays - 1000 words

The slavery in America - Research Paper Example Most of them were enslaved for agricultural purposes, such as, cotton, tobacco, rice, and sugar production. Majority of these African slaves were American born since slave import to United States was officially banned in 1808, however, thousands of Africans were smuggled during next 50 years after ban on international trade. Among 40 million Africans were the descendents of those 12 to 13 million Africans who were kidnapped and brought to America in a massive slave trade starting from 1400s. Most of those enslaved Africans were either died in the brutal passages from Africa or landed in the West Indies or in South and Central America. Nearly 5 million Africans were imported to Brazil only (Davis, n.d.). There are three basic reasons which started and accelerated the practice of slavery in America. Firstly, early America needed cheap and excessive labor. Secondly, the belief of master and worker was prevalent in Americas. Thirdly, the prejudice against people of color and racism led to acceptance and justification of slavery in American society. With the increase in large plantations in the Southern states and invention of cotton gin, need of cheap and hardworking labor increased, therefore, slavery flourished even more in America (Buell, 2004, p.9). Though slave trade was practiced as an economic activity, but it entirely differs from traditional trade since its product is nothing else but human being. In a nonslave economy, workers determine the workload and consumption decision. Therefore, labor is different from other factors of productions. On the other hand, in slave economy, owner determines the workload and consumption (feeding) (Barzel, 1977, p.87). From the time when a Dutch ship smuggled 20 enslaved Africans in Virginia colony to 1865 when U.S Constitutions 13th Amendment and Lincolns Emancipation Proclamation (1863) ended slavery, 12 generations of Africans survived in America.