Faculty of Law, Masaryk Univesity
Pavel Molek, Martin Bobák, Michal Hájek, Miroslav Knob
Australia
Commonwealth of Australia - Australia
Regional
| Treaty | Signed | Ratified* | Protocols | Reservations | Notes |
|---|---|---|---|---|---|
| African Charter (1981) | – | – | – | – | – |
| Am. Declaration (1948) | – | – | – | – | – |
| Am. Convention (1969) | – | – | – | – | – |
| Arab Charter (2004) | – | – | – | – | – |
| ECHR (1950) | – | – | – | – | – |
| EU Charter [2000 (2009)] | – | – | – | – | – |
Universal
| Treaty | Signed | Ratified* | Protocols | Reservations | Notes |
|---|---|---|---|---|---|
| ICERD (1966) | 13-Oct-1966 | 30-Sep-1975 | – | The Government of Australia ... declares that Australia is not at present in a position specifically to treat as offences all the matters covered by article 4 (a) of the Convention. Acts of the kind there mentioned are punishable only to the extent provided by the existing criminal law dealing with such matters as the maintenance of public order, public mischief, assault, riot, criminal libel, conspiracy and attempts. It is the intention of the Australian Government, at the first suitable moment, to seek from Parliament legislation specifically implementing the terms of article 4 (a). |
– |
| ICESCR (1966) | 18-Dec-1972 | 10-Dec-1975 | – | – | – |
| ICCPR (1966) | 18-Dec-1972 | 13-Aug-1980 | 1; 2 | Reservations: Article 10 “In relation to paragraph 2 (a) the principle of segregation is accepted as an objective to be achieved progressively. In relation to paragraph 2 (b) and 3 (second sentence) the obligation to segregate is accepted only to the extent that such segregation is considered by the responsible authorities to be beneficial to the juveniles or adults concerned.” Article 14 “Australia makes the reservation that the provision of compensation for miscarriage of justice in the circumstances contemplated in paragraph 6 of article 14 may be by administrative procedures rather than pursuant to specific legal provision.” Article 20 “Australia interprets the rights provided for by articles 19, 21 and 22 as consistent with article 20; accordingly, the Common wealth and the constituent States, having legislated with respect to the subject matter of the article in matters of practical concern in the interest of public order ( ordre public ), the right is reserved not to introduce any further legislative provision on these matters.” |
– |
| CEDAW (1979) | 17-Jul-1980 | 28-Jul-1983 | 1 | Reservations: The Government of Australia states that maternity leave with pay is provided in respect of most women employed by the Commonwealth Government and the Governments of New South Wales and Victoria. Unpaid maternity leave is provided in respect of all other women employed in the State of New South Wales and elsewhere to women employed under Federal and some State industrial awards. Social Security benefits subject to income tests are available to women who are sole parents. The Government of Australia advises that it is not at present in a position to take the measures required by article 11 (2) to introduce maternity leave with pay or with comparable social benefits throughout Australia. ..... Declaration: Australia has a Federal Constitutional System in which Legislative, Executive and Judicial Powers are shared or distributed between the Commonwealth and the Constituent States. The implementation of the Treaty throughout Australia will be effected by the Commonwealth State and Territory Authorities having regard to their respective constitutional powers and arrangements concerning their exercise. 30 August 2000 Reservation: The Government of Australia advises that it does not accept the application of the Convention in so far as it would require alteration of Defence Force policy which excludes women from combat duties. |
– |
| CAT (1984) | 10-Dec-1985 | 8-Aug-1989 | – | – | – |
| CRC (1989) | 22-Aug-1990 | 17-Dec-1990 | 1; 2 | Australia accepts the general principles of article 37. In relation to the second sentence of paragraph (c), the obligation to separate children from adults in prison is accepted only to the extent that such imprisonment is considered by the responsible authorities to be feasible and consistent with the obligation that children be able to maintain contact with their families, having regard to the geography and demography of Australia. Australia, therefore, ratifies the Convention to the extent that it is unable to comply with the obligation imposed by article 37 (c). |
– |
| CPRMW (1990) | – | – | – | – | – |
| CRPD (2006) | 30-Mar-2007 | 17-Jul-2008 | 1 | – | – |
| ICCPED (2006) | – | – | – | – | – |
* or accession/succession
KÚPP, Faculty of Law, Masaryk Univesity |
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