human rights charter-criminals are winners?

Conspirator
User avatar
Posts: 6298
Joined: Wed Jul 22, 2009 4:06 pm
Location: coast

PostTue Jul 19, 2011 11:45 pm » by Mediasorcerer


Criminals 'winners' from human rights charter
Adam Carey
July 20, 2011

Rights for the wrong people: Police Association secretary Greg Davies. Photo: Ken Irwin
CONVICTED criminals have been the biggest winners out of the state government's human rights charter, at the expense of police officers and the victims of crime, the Police Association says.

But leading lawyers and barristers say the charter has not led to a flood of litigation as feared, nor an outbreak of court rulings in favour of convicted criminals, and should be kept.

A state parliamentary committee is reviewing the Victorian Charter of Human Rights, introduced by the former Bracks government in 2006. The review will form the basis of the Baillieu government's decision on the charter's future.

Advertisement: Story continues below
Under the charter, Victorian courts must interpret laws consistently with human rights. However, if a law clearly breaches human rights it is not automatically invalid.

The Police Association said that although the charter was ''in principle well meaning'' it had in part enhanced the rights of criminals and should be reviewed.

''We are concerned that the charter in its current form [extends] previously unavailable rights to those persons who have criminally offended to the detriment of our members and, by default, the wider community,'' Police Association secretary Greg Davies said in a submission to the hearing, which had its second day yesterday.

''There is no doubt that the vast majority of 'rights' created by the charter are intended to favour the element of our community who would prey on the innocent. Conversely, comparatively few 'rights' are bestowed upon victims of crime, including police officers,'' Mr Davies said.

But the Victorian Bar Council said in its submission the charter had been used to invoke the rights of society's most vulnerable - the homeless, mental health patients and the criminally accused - and should be preserved.

''The emphasis on taking human rights into consideration encourages dialogue between public authorities and individuals, which in turn may result in the resolution of potential disputes, thus avoiding unnecessary litigation,'' council chairman Mark Moshinsky said.

The Law Institute of Victoria also backed the charter, saying it had played an important role in guiding decisions of public authorities to keep matters out of the courts.

Law Institute policy lawyer Alice Palmer said that over three years, an average of 57 charter cases, or less than 1 per cent of Victorian matters, were finalised each year in the Supreme Court, Court of Appeal or the Victorian Civil and Administrative Tribunal.

''There was an initial fear that the charter would open the floodgates to litigation,'' Ms Palmer told yesterday's hearing. ''This has clearly not been the case.''



Read more: http://www.theage.com.au/victoria/crimi ... z1SjNecx8k


trust the cops to make out the average person having rights ,[basic ones at that probably] means crims are favoured,? wtf,shows there mentality,everyones a crim,except them,

what a joke,they dont want folks to have human rights? fukin arsehole mentality.

shows u wat a pak of bolkheads they can be sometimes,


fair use notice,this article is included under the fair use laws,and is intended for educational purposes only.
with the power of soul,anything is possible
with the power of you,anything that you wanna do

  • Related topics
    Replies
    Views
    Last post
Visit Disclose.tv on Facebook