1. THE PROMISE AND POTENTIAL OF QUEENSLAND'S HUMAN RIGHTS ACT FOR INDIGENOUS PEOPLES: INTERPRETING THE 'ENVIRONMENTAL RIGHT'.
- Author
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Wray-Jones, Nick and Bell-James, Justine
- Subjects
Australian aborigines -- Environmental aspects -- Laws, regulations and rules ,Harm principle (Ethics) -- Environmental aspects -- Analysis ,Land titles -- Demographic aspects -- Environmental aspects -- Laws, regulations and rules ,Cultural property, Protection of -- Environmental aspects -- Laws, regulations and rules ,Human rights -- Demographic aspects -- Environmental aspects -- Laws, regulations and rules ,Native people's land claims -- Environmental aspects -- Laws, regulations and rules ,Government regulation ,Australia. Native Title Act 1993 ,American Convention on Human Rights, 1969 (art. 21) ,Queensland. Human Rights Act 2019 (s. 28(2)(e)) ,United Nations Declaration on the Rights of Indigenous Peoples (art. 29(1)) (art. 28(2)(e)) - Abstract
I INTRODUCTION In 2019, Queensland became the third Australian jurisdiction to provide legislative protection for human rights, with the passage of the Human Rights Act 2019 (Qld) ('HRA'). (1) The [...], In 2019, Queensland became the third Australian state to legislate human rights protections, but the first to enshrine a right of 'Aboriginal peoples and Torres Strait Islander peoples [to] not be denied the right, with other members of their community ... to conserve and protect the environment and productive capacity of their land, territories, waters, coastal seas and other resources '. This article analyses how this right may be interpreted and applied in practice, and argues in favour of an expansive interpretation, encompassing a right to consultation. Coupled with Queensland's complaints and conciliation process, it is argued that this right may provide significant protection for indigenous cultural rights in Queensland.
- Published
- 2023