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In 1991, Toonen complained to the Human Rights Committee that Tasmanian laws criminalising consensual sex between adult males in private were a violation of his right to privacy under Article 17 of ICCPR; distinguished between people on the basis of sexual activity, sexual orientation and identity in violation of Article 26; and meant that gay ...
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. [3]
This is protected by the International Covenant on Civil and Political Rights' (ICCPR) Article 18 guarantee. Article 26 of the Constitution, which enables the exercise of customary practices with the qualification that any customary practice that violates the rights of any individual will be forbidden. [7
The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights (ICCPR). It was adopted by the UN General Assembly on 16 December 1966, and entered into force on 23 March 1976.
The International Covenant on Civil and Political Rights, Article 26, does promise to protect all individuals from discrimination on the grounds of language. Following that, Article 27 declares, "minorities shall not be denied the right... to use their own language". [10]
All Australian states and territories have enacted a statute (variously called the anti-discrimination act) which prohibits all forms of discrimination in public life on the basis of nominated attributes identified in Article 26 of the International Covenant on Civil and Political Rights (ICCPR). [13]
The ICCPR states the basic rules for the membership of the Human Rights Committee. Article 28 of the ICCPR states that the Committee is composed of 18 members from states parties to the ICCPR, "who shall be persons of high moral character and recognized competence in the field of human rights", with consideration "to the usefulness of the participation of some persons having legal experience."
For example, Article 25 of the ICCPR recognises participation rights for all people within the affairs of their own country and Article 26 equality of protection before the law without discrimination, although age is omitted from the specified grounds prohibited and must be read in under ‘or other status’. [6]