At the global level, Article 13 of the United Nations» 1966 International Covenant on Economic, Social and
Cultural Rights recognises the right of everyone to an education.
In 2002, the UN Committee on Economic, Social and
Cultural Rights recognised that water itself is an independent right.
Not exact matches
Before the 1970s, evangelicals voted as often for Democrats as for Republicans, but in the wake of the Civil
Rights movement in the 1960s, a Supreme Court decision ending prayer in public schools, and the legalisation of abortion in 1973, the Republican Party
recognised an opportunity to build a new coalition of Christian conservatives upset with the
cultural changes sweeping the country.
Under the United Nations Convention on the
Rights of the Child, a state fostering agency must
recognise the «desirability of continuity in a child's upbringing and to the child's ethnic, religious,
cultural and linguistic background.»
Through their study of people in diverse places, including those countries from which migrants to Australia have come, students come to
recognise their similarities with other people, to better understand their differences, and to demonstrate respect for
cultural diversity and the human
rights of all people in local, national, regional and global settings.
Free, prior and informed consent is also consistent with the
right of self - determination which is
recognised in key international covenants.23 This
right ensures that indigenous peoples are able to freely determine their political status and their own economic, social and
cultural development objectives and recognizes the
right of indigenous peoples to freely dispose of their natural wealth and resources.
That is, human
rights principles which
recognise and protect the distinct
cultural characteristics of Indigenous peoples worldwide (p81).
The
right to housing is an element within the
right to an adequate standard of living and is
recognised as central to the realisation of all economic, social and
cultural rights.32 The right to adequate housing is also recognized in other international human rights instruments including; the Universal Declaration of Human Rights; the Convention on the Elimination of All Forms of Discrimination Against Women; the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Racial Discrimin
rights.32 The
right to adequate housing is also recognized in other international human
rights instruments including; the Universal Declaration of Human Rights; the Convention on the Elimination of All Forms of Discrimination Against Women; the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Racial Discrimin
rights instruments including; the Universal Declaration of Human
Rights; the Convention on the Elimination of All Forms of Discrimination Against Women; the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Racial Discrimin
Rights; the Convention on the Elimination of All Forms of Discrimination Against Women; the Convention on the
Rights of the Child and the Convention on the Elimination of All Forms of Racial Discrimin
Rights of the Child and the Convention on the Elimination of All Forms of Racial Discrimination.
In our opinion references to enjoyment of
rights and interests in respect of the land in these passages, confirm that the native title
rights and interests that are
recognised and protected by the common law are those which involve physical presence on the land, and activities on the land associated with traditional social and
cultural practices.
This framework promotes respect, protection and fulfilment of all human
rights within the development process; and
recognises the importance of the social,
cultural and political context within development strategies.
[A] n important aspect of the socially constituted fact of native title
rights and interests that is
recognised by the common law is the spiritual,
cultural and social connection with the land.
The CERD Committee
recognises that as a result of both the unique nature of Indigenous property
rights, linked as they are to
cultural and spiritual practices, and the historical disadvantage and dispossession experienced by Indigenous people native title must be
recognised and protected as part of Australia's commitment to equality.
We
recognise the
cultural importance of communal ownership of land, and we are committed to protecting the
rights of communal ownership and to ensure that indigenous land is preserved for future generations.
A human
rights framework
recognises that across the world some traditional, religious and
cultural practices have been used to justify the subordination of women and violations of their human
rights.
The centrality of land to
cultural integrity has also been
recognised by the Human
Rights Committee in respect of its jurisprudence concerning Article 27 of the International Covenant on Civil and Political
Rights.29 International Labor Organisation (ILO) Convention 169 on Indigenous and Tribal Peoples also sets out, in unequivocal terms, the requirement that:
In turn, their
cultural, religious, property and governance
rights,
recognised at international law and embodied in this relationship, fail to be
recognised and protected under Australian law.
In the Croker Island Case this restriction on the recognition of sea
rights is reflected in the finding of the Majority in the Full Federal Court that only non-exclusive
cultural and subsistence
rights could be
recognised.
Land, Sea, Culture and Heritage: Have
cultural, heritage and language
rights and our
right to access land, sea and water
recognised.
Language,
cultural and spiritual identity (articles 11 - 13) These
rights recognise the central role that culture has in Indigenous identities.
Strategies: Service providers integrate customary activities into the curriculum and community planning processes; encourage and support community activities which
recognise the importance of law, culture and language; support intellectual property
rights; Indigenous languages be included as core curriculum in schools and universities; advocate government support for the collection of
cultural information and material from institutions.
Article 12 of the International Covenant on Economic, Social and
Cultural Rights (ICESCR)
recognises «the
right of everyone to the enjoyment of the highest attainable standard of physical and mental health».
Both the International Covenant on Economic, Social and
Cultural Rights (Article 12) and the International Convention on the
Rights of the Child (Article 24)
recognise the
right of all people to the enjoyment of the highest attainable standard of health.
Until we truly value and
recognise Aboriginal and Torres Strait Islander people's
right to self - determination — to participate in and make decisions about their social,
cultural and economic development — we are doomed to fail.
International legal principles also
recognise that Indigenous peoples have economic, social and
cultural human
rights.
Recognised in the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Economic, Social and
Cultural Rights
[104] As the Court has held, the spiritual, social and
cultural connection with the land is an important aspect of the socially constituted fact of native title
rights and interests that is
recognised by the common law.
Justices Beaumont and von Doussa in the majority of the full Federal Court decision in the Croker Island case endorsed Justice Olney's finding that only non-exclusive
cultural and subsistence
rights could be
recognised by the court.
These decisions indicate the limitations of relying upon the native title system in order for Indigenous people to have aspects of Aboriginal Customary Law
recognised and consequently for them to be able to enjoy their
cultural and property
rights.
Effectively, any
right to protect
cultural knowledge that is not a restriction of access to country can not be
recognised as native title.
The Social Justice Commissioner developed the following checklist of human
rights standards relating to diversion of juveniles, with a particular emphasis on
recognising Indigenous
cultural needs.
And an important aspect of the socially constituted fact of native title
rights and interests that is
recognised by the common law is the spiritual,
cultural and social connection with the land», Yanner - v - Eaton (1999) 201 CLR 351 at 373 per Gleeson CJ, Gaudron, Kirby and Hayne JJ.»
Increasingly, domestic jurisprudence is accepting the international law standard that requires more than formal equality and
recognises the distinctive
cultural rights arising from the unique and enduring relationship Indigenous people have with both land and sea.
The Charter is significant as it explictly acknowledges the
right to health as one of its three guiding principles, and, as such
recognises «everyone's
right to have the highest possible standard of physical and mental health»; as well as specific
rights in relation to participation and
cultural respect (as set out in text box 7, below).
The failure to
recognise native title before the Mabo decision in 1992 can be seen, as it was in that case, as the failure to give equal respect and dignity to the
cultural identity of Aboriginal and Torres Strait Islander peoples; to be racially discriminatory; and a violation of Aboriginal and Torres Strait Islander people's human
rights: