Human Rights Can Human Justice Term Paper

Instead, the commission offers as a compromise more humane treatment of refugees. ("Migration Amendment," Human Rights and Equal Opportunity Commission, 2006, p.1)

But while this may be a laudable effort, it shows that the creation of a perfect schema of justice will always be lacking, as by an accident of birth certain individuals will have access to better opportunities, housing, and a quality of life. Even legally, refugees are deemed to have fewer rights to trial, freedom of movement, and to the rights of citizens, than naturalized Australians, though the refugees are no less human than natives, and simply are bereft of a homeland by an accident of birth that caused them to be born in an oppressive or economically stifling land. ("Migration Amendment," Human Rights and Equal Opportunity Commission, 2006, p.1) Treating non-citizens differently may be necessary, but it does not make it morally, perfectly just. The notion of citizenship is a necessary unjust legal fiction required for a society to prosper.

Still, Australians have a strong sense of intrinsic human rights, which the populace clearly wishes to be integrated into its schema of laws and societal values, however imperfectly. When polled, the nation endorsed such rights as freedom of speech about the process and functioning of government, trial by jury, freedom of religion, protection of ethnic and racial minorities, the right to vote, freedom from arbitrary arrest, the right to work, and protection of people with disabilities from discrimination as inherent human rights. ("National Dialogue Regarding Human Rights," Human Rights and Equal Opportunity Commission, 2006, p.1) This suggests that although not ideal, for citizens a certain level playing ground, regardless of historical past should be the aspiration of society and government. But terms such as "protection" of minorities and disabilities conceals, beneath such evident agreement, if protection should extend to redress for historical ills, and if protection of culture as well as individual rights should be included. And what of the freedom to work and prosper for non-citizens?

Even such notions as individualistic rather than communal or tribal human rights are a culturally bound construct, although members of other nations have positively responded to such constructs around the world, and embraced them within their own societal fabric of laws. An acknowledgment of cultural boundaries does not eschew a nation from enforcing its own moral laws, nor of setting limits on the possibilities of historical redress and citizenship. But it does highlight the impossibility of creating a perfectly just society, where one person's or society's rights and sense of justice can exist in perfect harmony with every other individual and culture.

Works Cited

Calma, Tom "From rhetoric to reconciliation -- Addressing the challenge of equality for Aboriginal and Torres Strait Islander peoples in criminal justice processes." The Elliott Johnston Tribute Lecture -- given at Flinders University. 23 May 2006. Human Rights and Equal Opportunity Website. [31 May 2006]

http://www.hreoc.gov.au/index.html

Migration Amendment: 2006 Opening Statement." The Human Rights and Equal Opportunity Committee. 22 May 2006. [31 May 2006]

http://www.hreoc.gov.au/legal/submissions/migration20060522_opening.html

National Human Rights Dialogue." Australian Human Rights and Equal Opportunity Commission.. [31 May 2006] http://www.hreoc.gov.au/human_rights/human_rights_dialogue/index.html

Shakespeare, William. "The Merchant of Venice." Adelaide and MIT University Shakespeare Homepage.. [31 May 2006] Complete Electronic text.. [31 May 2006]

http://etext.library.adelaide.edu.au/mirror/classics.mit.edu/Shakespeare/merchant/index.html