Type:	Conference Paper
Title:	Australian judicial approaches to international human rights conventions and "family law"
Other Titles:	Family law conference : the changing legal definitions of family, Cape Tow[cut]
Authors:	Nicholson, Alastair
Keywords:	Legal issues;Family law;Human rights
Year:	2002
Publisher:	Family Court of Australia
Notes:	Noting the absence of any constitutionally entrenched domestic Bill of Rights in Australia, and the requirement that human rights instruments be incorporated into domestic law before they have any legal force, this article argues that, given these deficiencies, there is a burden placed on the common law rules and judicial interpretation of statute to ‘fill the gap’, particularly in the area of family law. A series of cases in which Australia’s human rights obligations under international instruments have converged with family law doctrines and rules, such as applications for relocation and legal representation of domestic violence victims in family law proceedings, are reviewed and it is suggested that the current judicial position, whilst legally justifiable, leaves the instruments of human rights law without substantial utility.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/20903
Physical description:	32 p.
Appears in Collections:	Conference Papers

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