See DebeljakJulie, ‘The Human Rights Act 2004 (ACT): A Significant, Yet Incomplete, Step Toward the Domestic Protection and Promotion of Human Rights’ (2004) 15Public Law Review169; EvansCarolyn, ‘Responsibility for Rights: The ACT Human Rights Act’ (2004) 32Federal Law Review291; WilliamsGeorge, The Case for an Australian Bill of Rights: Freedom in the War on Terror (2004) 66–76; WintertonGeorge, ‘The ACT Bill of Rights’ (2004) 7(2) Constitutional Law and Policy Review47. See also Gilbert + Tobin Centre of Public Law's Bills of Rights Resource Page <www.gtcentre.unsw.edu.au/bills-of-rights-resources.asp> at 30 March 2005.
2.
ACT, Parliamentary Debates, Legislative Assembly, 18 August 2004, 3883.
Promotion and Protection of Human Rights: Human Rights and Human Responsibilities, Final report of the Special Rapporteur, Miguel Alfonso Martínez, on the Study requested by the Commission in its resolution 2000/63, and submitted pursuant to Economic and Social Council decision 2002/277, (2003) E/CN.4/2003/105, 17 March 2003.
See ACT, Parliamentary Debates, Legislative Assembly, 18 August 2004, 3873.
8.
Opened for signature 16 December 1966, 999 UNTS 302, entered into force 23 March 1976.
9.
Opened for signature 19 December 1966, 993 UNTS 3, entered into force 3 January 1976.
10.
See SaulBen, ‘In the Shadow of Human Rights: Human Duties, Oblations and Responsibilities’ (2001) 32Columbia Human Rights Law Review565 at 583–8.
11.
The reception of the InterAction Draft is discussed in Promotion and Protection of Human Rights: Human Rights and Human Responsibilities, Report of Mr Miguel Alfonso Martínez, Special Rapporteur appointed by the Sub-Commission on the Promotion and Protection of Human Rights to undertake the study requested by the Commission in its resolution 2000/63 (2002) E/CN.4/2002/107, 19 March 2002 [110]-[116]. See also Saul, above n 10 at 580–616; van BovenTheo, ‘A Universal Declaration of Human Responsibilities?’ in van der HeijdenBarendTahzib-LieBahia (eds), Reflections on the Universal Declaration of Human Rights, A Fiftieth Anniversary Anthology (1998).
12.
Martínez, above n 11, [90]; Martínez, above n 4, [13]-[16].
13.
Martínez, above n 11, [105].
14.
Martínez above n 4, [28].
15.
Draft decision E/CN.4/2003/L.86 was defeated but with 25 votes to 25 and 3 abstentions; see Commission on Human Rights, Report on the 59th Session, E/CN.4/2003/135 (17 March–24 April 2003) [535].
16.
Decision 2004/117 (26 votes to 25 with 2 abstentions); see Report to the Economic and Social Council on the Sixtieth Session of the Commission (Draft Report of the Commission) E/CN.4/2004/L.11/Add.7 (22 April 2004) 82.
17.
FraserMalcolm, ‘The Responsible Course of Action’The Australian (Sydney) 12 September 1997, 13.
18.
Martínez, above n 4.
19.
Ibid [31].
20.
Ibid [32].
21.
Martínez, above n 11 [66]–[86].
22.
FraserMalcolm, ‘Rights without Duties are a Danger’, The Age, (Melbourne) 31 March 1998, 13.
23.
Charter of Responsibilities Bill 2004 (ACT) s 5, Human Rights Act 2004 (ACT) s 6.
24.
Section 5(2).
25.
See, eg, s 18 of the Uniform Evidence Act which allows the spouse, de facto spouse, parent or child of a defendant to object to being compelled to give evidence for the prosecution, and then requires the court to consider, among other factors, the balance between potential harm to the witnesses relationship with the defendant and the desirability of the evidence being heard.
