Human Rights and Social Justice

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In any of the nations, people get the right to raise questions whenever any of the powerful bodies takes such action or decision which is not beneficial for public at large. It is one of the activities which affects the nation, either directly or indirectly. It is essential to realise that, in any of the situations, people will not conduct the process of protest in a manner that leads to emergence of issues. Right to protest is deciphered as the process in which group of individuals come together for the purpose of performing peaceful protest against the decision which is not favourable for future period of time (Howard-Hassmann, 2018).

There are altogether seven different core international human rights and treaties on which Australia has agreed. Here, all of the people will get equal rights to enjoy their life and take decisions on their own. The right to freedom of assembly and association is explained under article 21 & 22 of ICCPR (International Covenant on Civil and Political Rights). Secondly, people are required to consider article 8(1)(a) of ICESCR (International Covenant on Economic, Social and Cultural Rights). Get Assignment Examples.Talk to our Experts!

These laws, regulations and articles are required to be considered because it will give an idea regarding the basic limits of individuals while conducting any peaceful protest (Right to Freedom of Assembly and Association, 2018). Secondly, it will prohibit a person from conducting any of the activities within the protest that can lead to generation of issues. Here, whenever any protest is conducted, it should be performed in a peaceful manner. This is so because in any situation, violation is not allowed as it creates issues in future period of time. If protest is conducted in a peaceful manner, then the chances to achieve desirable result will automatically increase. If, in any of the circumstances, the protest is conducted in a violent manner, then it allows the police to take legal action against the person who creates issues. Right of freedom states that humans have the right to raise their voice against any wrong decision. But, if they do not follow legal law, then in that respective situation, legislation gives the power to government bodies such as police, army, court and many more to undertake legal action. In addition to this, Protest law of Australia states that people have the right for peaceful assembly whereby they are allowed to raise the points which they want to get included in the decision (Griffiths and et. al., 2016). However, while conducting the project, it is essential to ensure that no circumstance results in damage caused to the national security and property because that would turn violence into criminal activity.

In context of legislation, if any of the taken decisions is not in the favour of human rights then public can raise their voice against it. But if people have breached rules and regulations in any circumstance then, in that respective situation, they will not be permitted to raise any question. In simple words, Civil disobedience is the term which seeks to explain that if people fail to perform their part of work or rules due to which other person has to suffer, then, it becomes necessary to ensure that all the rules and regulations are being followed (The Right of Peaceful Protest in International Law, 2018). Civil disobedience does not allow the people to conduct protest because process of protest can be conducted only in the situation whereby decision is not taken in public welfare. On the other side, civil disobedience states that in an instance whereby breach has been done, legal action is required to be taken so that similar form of problem does not occur again.

The law of Protest explains that people have the right to protest against the decision which they are not willing to accept because it might affect their right to freedom. However, during the course of conducting the protest, it is necessary that authorised police department shows their support by managing the people who are involved in protest (Bertot and Jaeger, 2016). Herein, the role of police is important because they need to watch each and every activity so that no unlawful activity takes place during the protest.

There are some situations whereby decision is taken as per the requirement and thereby, police department has the responsibility to manage every activity. Whenever protesters are likely to break rules and regulations, it becomes necessary for the police to stop the protest. Also, department of police has the right to arrest people at large who are engaged in breach of terms and conditions. All of this is done to bring back the situation under control. According to LEPRA (Law Enforcement Powers & Responsibilities Act 2002), Part 6A, the police is allowed to deal with emergency situations whereby people are trying to cause disorder within the community and nation (Taking to the Streets in Protest? Know Your Rights Beforehand, 2019).

The Anti-Protest Law was passed in Australia in the year 2018 by New South Wales centre-right coalition government. The law came into act on 1^st July, 2018. It is the statute which gives low ranking to people who are very active towards protest for enjoying their rights. This has a direct impact upon the democracy and it does not give people the right to do protest in any of the circumstances. As an effect of the implementation of this law, the protest is completely banned. In addition to this, the law has created issues which do not allow the public at large to conduct any kind of violent activity. In the year 2019, the public demanded to review the law since last two decades as the law passed for anti-protest was creating problems for public. In addition to this, it was not allowing the public to utilise their human rights related to right to freedom. So, the individuals started doing protests against the statute (Jaeger, Shilton and Koepfler, 2016). This is the reason why legal action had been taken against the public at large. People had created the situation of civil disobedience which led to arrests. After conducting discussions and protests against the law and legislation, the government did not change its decision. The final decision which was declared with the protest was that, in any of the circumstances, the law would not be changed and it would be necessary for each and every individual to follow it.

In the entire case, it was found that there were some laws which placed direct impact over the rights and freedom of public. According to the law passed, public was not allowed to protest and in an instance whereby they are found to indulged in the same, legal action would be taken against them. In the similar manner, the right to freedom was affected in this case (Lee, 2018). Secondly, it was found that civil disobedience had been raised due to which people were arrested. Although it was not allowed to do protest as per the legislation but, along with this, violation was also not permitted. In short, both of the parties had been affected in the case which created several issues such as destruction of national property, injury of large number of individuals and many more (Wronka, 2016). Order assignment help from our experts!

After having a detailed discussion about the topic, it is quite easy to understand that people do protest for presenting their view points over the decision taken by the authorised body. Such protests are time consuming which depicts that people do not want to perform the task as per the order passed by government. This sort of protest has both positive as well as negative aspects. The former is that government will not be allowed to take any of the decisions impacting upon the human rights (Alexander, 2016). It will provide the right to speak whereby an individual thinks that a decision may create bigger problem in future period of time. Here, right to freedom will give an idea regarding the points which can explain how government can introduce new law for attainment of better results. However, everything has a negative point. The negative aspect associated to the case was that protest could turn into bigger issues which may result in damage to a large number of lives. Further, there will be high chance of damage to national property, which places direct impact over the economy of a country.

Additional recommendation which can be given is that feedback should be taken by government from the public whenever it assumes that a law can create issues amidst public. Feedback allows gaining understanding of the situation, according to which they can prepare plans and policies. This will ensure that no such situation arises whereby protest will be require to done (Smyth and et. al., 2019). Secondly, whenever a protest is conducted, government should specify the area where public can conduct their protest as this will help in reducing the chances of creation of problems for economic conditions of the country. In addition to this, government should introduce the law where police will ensure that no such situation develops whereby protest gets converted into civil disobedience.

In short, there are many improvements which are needed to be done within law of Protest as in no circumstance, public will enjoy the right to create a situation of civil disobedience (Donnelly, 2019). Also, the right to protest is freedom which is given to public that cannot be revoked by any of the government agencies. Don't worry get assignment help london from UK's leading assignment helpers.

CONCLUSION

From the above discussion, it can be concluded that human rights are crucial for public which must not be affected by the decisions of government. Law of Protest gives right to every individual to present their doubts and points at a bigger ground for certain changes. In any circumstance, the government does not have the right to form those laws which affect the right of freedom. At last, Civil disobedience can allow government to take legal action against the person who is involved in unlawful protest.

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