Essay – Cultural Rights

Essay Topic : Is Australia a racist country? Critically discuss.

Things to consider

• Indigenous Australians (past and present)
• White Australia Policy
• Immigration Restriction Act 1901
• Australia and Human Rights Treaties
• Racism (individual and institutional)
• Refugees and Asylum seekers
• Diversity and inclusion
• Multiculturalism (the benefits-foods, festivals, etc
• Racial Discrimination Act 1975
• Fair Work Act 2009
• Victorian legislation
• Victoria Equal Opportunity Act 2010
• Racial and Religious Tolerance Act 2001
• National security, terrorism and crime
• Racial profiling
• Strategies to combat racism
• Immigration policies

CULTURAL RIGHTS

1. Every human being has the right to culture, including the right to enjoy and develop cultural life and identity.
2. Cultural rights, however, are not unlimited.
3. The right to culture is limited at the point at which it infringes on another human right.
4. No right can be used at the expense or destruction of another, in accordance with international law.
5. This means that cultural rights cannot be invoked or interpreted in such a way as to
   justify any act leading to the denial or violation of other human rights and fundamental freedoms.
6. Therefore, claiming cultural relativism as an excuse to violate or deny human rights is an abuse of the right to culture.
7. There are limitations on cultural practices, even on well-entrenched traditions. For example, no culture today can legitimately claim a right to practise slavery.
8. Despite its practice in many cultures throughout history, slavery today cannot be considered legitimate, legal or part of a cultural legacy entitled to protection in any way.
9. All forms of slavery, including contemporary slavery-like practices, are a gross violation of human rights under international law.
10. Similarly, cultural rights do not justify murder, torture, genocide, discrimination on grounds of sex, race, language or religion or violation of any of the other universal human rights and fundamental freedoms established in international law.
11. Universal human rights do not impose one cultural standard, rather one legal standard of minimum protection necessary for human dignity.

Referencing Style : BV Harvard