She, along with other collaborators, has been actively involved in promoting migrant workers' rights as human rights before the UN Committee on Migrant Workers, in proceedings under the NAALC, in "shadow" reports on US compliance with the ICCPR and the CERD, and on the UN Special Rapporteur's visit to the United States in summer 2007.
However, Dietrich argued that the common law of Australia should be developed in accordance with the principles in the ICCPR, as well as other international treaties to which Australia is a party.
The rights to peaceful assembly (ICCPR, art. 21), freedom of association with others (ICCPR, art. 22), and the right to take part in the conduct of public affairs and to vote (ICCPR, art. 25); 6. Equality before the law and the prohibition of discrimination (ICCPR, art. 26).
The government has also argued with the UN's interpretation of the ICCPR, claiming that "lawfulness" does not mean "lawful under international law" or that arbitrary detention is not lawful.
While indefinite administrative detention is legal under Australian law, it is incompatible with Australia's international treaty obligations under the ICCPR, the committee ruled.
However, these treaties have typically not been introduced into Australian law by Parliament, so that key instruments such as ICCPR and CROC are not directly applicable by our courts.
The Commission found that the failure by the Commonwealth was a violation of the right not to be detained arbitrarily under Article 9 of the ICCPR, a provision in the spirit of Magna Carta.
"I am an unswerving advocate of freedom of expression, which is guaranteed under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), but it is not absolute.
He also highlighted the fact that both the ICCPR and elements of the International Convention on the Elimination of All Forms of Racial Discrimination – both of which have been ratified by the UK and other European countries – had sprung from a desire to avoid a repetition of the Holocaust.
Although the Covenants were adopted at the same time, unlike the ICCPR, the ICESCR was not accompanied by an Optional Protocol providing the Committee on Economic, Social and Cultural Rights with a mandate and jurisdiction to hear individual complaints against states for alleged violations of human rights obligations.
