andrew Byrnes | The University of New South Wales (original) (raw)

Papers by andrew Byrnes

Brooklyn journal of international law, 1996

This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It ... more This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of International Law by an authorized editor of BrooklynWorks.

Elder Law Studies eJournal, 2019

This paper was prepared as a submission to the United Nations General Assembly Open-Ended Working... more This paper was prepared as a submission to the United Nations General Assembly Open-Ended Working Group on Ageing, which is considering the desirability of the development of a new international treaty on the human rights of older persons. The paper explores issues relating to the participation of older persons in the labour market, in particular the barriers to their entry to and continued participation in paid work. It notes that the ‘work’ performed by older persons includes not only paid work in the formal or informal economies, but work that is unremunerated and often goes unrecognised including in national accounts (such as caring and volunteer work). The paper notes the role that ageism plays in shaping and restricting the participation of older persons in work, and describes the particular challenges and discrimination that older women face in the context of work and obtaining access to the labour market. It also addresses the issue of mandatory retirement ages and whether t...

The Australian Year Book of International Law Online, 2020

Peoples' Tribunals and International Law

<p>This chapter examines the state's role in promoting and protecting human rights, and... more <p>This chapter examines the state's role in promoting and protecting human rights, and is organized as follows. Section 2 deals with substantive protections: the nature, status, and scope of human rights protections under national law. These include the incorporation or other use of international human rights norms in domestic law, constitutional guarantees of rights, human rights legislation, protection under the general law, including the concept of the rule of law, and the common law. Section 3 considers institutional protections of human rights. It briefly outlines the types of institutions that commonly play a role in the implementation, monitoring, and protection of human rights, including the courts, the executive, and the legislature, as well as mechanisms such as ombudsmen and national human rights institutions.</p>

SSRN Electronic Journal, 2020

This submission to the Parliamentary Joint Committee on Human Rights sets out how the Australian ... more This submission to the Parliamentary Joint Committee on Human Rights sets out how the Australian government’s scheme around the COVIDSafe app can better align with the human right to privacy. We recognise the app pursues a legitimate objective and that the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—Public Health Contact Information) Determination 2020 (Cth) and exposure draft of Privacy Amendment (Public Health Contact Information) Bill 2020 provide important protections. Nevertheless, we make a series of recommendations that would improve the transparency of the scheme and better protect the privacy of those downloading and using the app.

International Psychogeriatrics, 2020

Australasian Journal on Ageing, 2020

This article argues that, in relation to ageing issues in Australian society, we need to more str... more This article argues that, in relation to ageing issues in Australian society, we need to more strongly embrace an explicit and comprehensive human rights framework in analysing what is going on in our society and to adopt a much more robust and demanding human rights approach to policy development and holding government accountable for its actions and inaction. This means not just the explicit invocation of existing human rights norms to ageing issues, but also the development of new norms and interpretations of human rights that more fully reflect the perspectives of older persons than current mainstream norms do. The argument is developed through an analysis of reports of the Royal Commission into Aged Care Quality and Safety and into Violence against Persons with Disabilities. It maintains that these bodies and others engaged in policymaking relating to older persons in Australian society can enhance their work by systematically applying a comprehensive and robust human rights framework.

Australian Year Book of International Law, 2014

... Other Authors/Contributors: Charlesworth, HC (Hilary C.) McKinnon, Gabrielle. ... Page 24. Bi... more ... Other Authors/Contributors: Charlesworth, HC (Hilary C.) McKinnon, Gabrielle. ... Page 24. Bills of Rights in Australia While the 18th century ended with these major statements of individual rights as an essential component of the modern state, the reality belied the rhetoric. ...

Victoria University of Wellington Law Review, 1999

In this address to the UNDR commemorative seminar in April 1998 Lord Cooke speaks of human rights... more In this address to the UNDR commemorative seminar in April 1998 Lord Cooke speaks of human rights, his current judicial roles and the prospects for a common law of the world. Lord Cooke discusses the importance of human rights law in both substance and implementation. The author reports on the process of implementing constitutional law and human rights in New Zealand, Samoa, the Republic of Fiji, the United Kingdom, and Hong Kong.

Fresh Perspectives on the "War on Terror", Jul 1, 2008

At present, sixty-four of the one hundred and ninety-two member states of the United Nations have... more At present, sixty-four of the one hundred and ninety-two member states of the United Nations have National Human Rights Institutions (NHRIs) - state-based institutions, with mandates to promote and protect domestic and international human rights. This article explores the current moves towards the creation of NHRIs within the Pacific region. It first reviews recent developments in human rights protection in the Pacific, in particular the discussions about the establishment of NHRIs in Pacific Island states, and examines the external and national factors contributing to the increased momentum for the establishment of NHRIs in the region. The article then analyses the advantages a NHRI would offer for the better protection of human rights in Pacific Island states, and the challenges posed for them by the need for NHRIs to comply with governing international standards for effective NHRIs (the Paris Principles). We then explore how NHRIs in the Pacific might be modelled to suit what are...