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Human Rights Act 2019 (Qld): a Guide to Rights Interpretation

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Human Rights Act 2019 (Qld): a Guide to Rights Interpretation TC Beirne School of Law 17 August 2020 Human Rights Act 2019 (Qld): A Guide to Rights Interpretation Written by UQ LLB students studying LAWS5124 Human Rights Law in 2019 and 2020 Edited by: Sienna McInnes-Smith, Linden Peacock, Alexia Cuss, Emma Beckinsale, Sophia Horrocks, Clare Foran, Tomea Ryan, Elizabeth Aisi and Christoph Baer Course Coordinator: Prof Tamara Walsh Contents Introduction ..................................................................................................................................................... 7 Section 16: Right to Life ................................................................................................................................. 8 The Right to Life in Other Jurisdictions ............................................................................................................. 8 Public Entity ....................................................................................................................................................... 8 A Fundamental Right ......................................................................................................................................... 9 Negative and Positive Duties ............................................................................................................................ 9 The Right not to be Arbitrarily Deprived of Life: The Negative Duty .................................................................. 9 Meaning of ‘Arbitrarily’ ....................................................................................................................................... 9 Use of Force .................................................................................................................................................... 10 Capital Punishment ......................................................................................................................................... 10 Abortion ........................................................................................................................................................... 10 Euthanasia ...................................................................................................................................................... 11 Withdrawal of Treatment ................................................................................................................................. 11 The Right to Life: The Positive Duty ................................................................................................................ 11 Laws and Procedures ...................................................................................................................................... 11 A Duty to Warn ................................................................................................................................................ 12 Special Duty of Care ....................................................................................................................................... 12 Health Care and Welfare Rights ...................................................................................................................... 13 Duty to Investigate ........................................................................................................................................... 14 Scope of the Positive Duty .............................................................................................................................. 14 Conciliated Outcomes ..................................................................................................................................... 14 Section 17: Right to Protection from Torture and Cruel, Inhumane or Degrading Treatment ............... 16 Interpretation ................................................................................................................................................... 16 Torture ............................................................................................................................................................. 16 Cruel, Inhuman or Degrading Treatment ......................................................................................................... 17 Medical or Scientific Experimentation or Treatment ........................................................................................ 17 Other interpretations ........................................................................................................................................ 18 Conciliated Outcomes ..................................................................................................................................... 19 Section 18: Right to Freedom from Forced Work ...................................................................................... 22 Interpretation ................................................................................................................................................... 22 Slavery ............................................................................................................................................................ 22 Servitude ......................................................................................................................................................... 23 Forced Labour ................................................................................................................................................. 24 Conciliated Outcomes ..................................................................................................................................... 25 Section 19: Freedom of Movement .............................................................................................................. 27 Interpretation ................................................................................................................................................... 27 Persons ‘Lawfully within Queensland’ ............................................................................................................. 27 When the right may be restricted .................................................................................................................... 28 Comparison with s 92 of the Constitution ........................................................................................................ 29 Conciliated Outcomes ..................................................................................................................................... 29 Section 20: Freedom of Thought, Conscience, Religion and Belief ......................................................... 31 Interpretation ................................................................................................................................................... 32 Thought and Conscience ................................................................................................................................ 32 Religion and Belief .......................................................................................................................................... 32 The freedom to have and demonstrate a religion or belief .............................................................................. 34 Limitations ....................................................................................................................................................... 36 Human Rights Act 2019 (Qld): A Guide to Rights Interpretation 2 Conciliated Outcomes ..................................................................................................................................... 36 Section 21: Freedom of Expression ............................................................................................................ 38 Interpretation ................................................................................................................................................... 38 A right to hold an opinion ................................................................................................................................. 38 Freedom of Expression ................................................................................................................................... 38 What should Queensland do? ......................................................................................................................... 41 Conciliated Outcomes ..................................................................................................................................... 41 Section 22: Right to Peaceful Assembly ..................................................................................................... 43 Interpretation ................................................................................................................................................... 43 Australian Jurisdictions .................................................................................................................................... 43 International Jurisdictions ................................................................................................................................ 44 Limitations ....................................................................................................................................................... 45 Conciliated Outcomes ....................................................................................................................................
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