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Were responses to recent anti-racism or environmental protests in Australia and/or the USA in line with human rights standards? In addition to specific rights to protest, you may also consider the policing of minorities, the use of force and sentencing of offenders within the context of these protests. Use at least one case study to critically analyse relevant human rights within the P.L.A.N framework. Consider relevant international conventions, domestic legislation, and police policies.
Sample Answer
Title: Human Rights Implications of Responses to Recent Protests: A Comparative Analysis of Australia and the USA
Introduction
Recent anti-racism and environmental protests in Australia and the USA have sparked debates surrounding the human rights implications of the responses to these demonstrations. This essay critically examines whether the responses to these protests in both countries were in line with human rights standards. By analyzing specific rights to protest, the policing of minorities, the use of force, and the sentencing of offenders within the context of these protests, this essay aims to provide a comparative analysis utilizing the P.L.A.N framework. Relevant international conventions, domestic legislation, and police policies will be considered to assess the human rights implications.
P – Problem
The responses to recent protests in Australia and the USA have raised concerns about potential human rights violations. The right to peaceful assembly and freedom of expression are fundamental rights protected under international human rights conventions and domestic legislation. However, allegations of excessive use of force by law enforcement, racial profiling, and harsh sentencing have emerged, suggesting that human rights may not have been fully respected during these protests.
L – Legislation
Both Australia and the USA have constitutional provisions and domestic legislation that protect the right to protest. In Australia, the right to peaceful assembly is safeguarded under the implied freedom of political communication. In the USA, the First Amendment protects the freedom of assembly and expression.
International conventions such as the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration of Human Rights (UDHR) also recognize and protect the right to protest.
A – Analysis
To critically analyze the human rights implications of responses to recent protests, this essay will focus on the case study of the Black Lives Matter (BLM) protests in both countries. The BLM movement gained significant momentum in 2020, calling for an end to systemic racism and police brutality.
In Australia, the response to BLM protests varied across different states. In Melbourne, law enforcement used forceful tactics to disperse protestors, resulting in injuries. This raised concerns about excessive use of force and potential violations of the right to protest peacefully.
In the USA, there were instances where law enforcement responses to BLM protests were criticized for excessive force, including the use of tear gas, rubber bullets, and aggressive crowd control measures. These actions resulted in injuries to protestors, journalists, and bystanders.
N – Next Steps
To ensure that responses to protests align with human rights standards, several steps should be considered:
Police training and accountability: Enhance training for law enforcement personnel on human rights standards, de-escalation techniques, and non-discriminatory policing practices. Establish independent oversight mechanisms to investigate allegations of excessive use of force and hold accountable those responsible for violations.
Promote dialogue and engagement: Encourage open dialogue between law enforcement agencies and protest organizers to address concerns and find peaceful resolutions. Engage with community leaders, activists, and marginalized groups to understand their perspectives and work towards meaningful change.
Review sentencing practices: Examine sentencing practices for protest-related offenses to ensure they are fair, proportionate, and do not disproportionately impact minority communities. Consider alternatives to harsh sentencing that promote rehabilitation rather than punitive measures.
Compliance with international conventions: Ensure domestic legislation aligns with international conventions such as the ICCPR and UDHR. Regularly review legislation to guarantee protection of fundamental rights, including the right to protest.
Conclusion
The responses to recent protests in Australia and the USA have raised significant concerns about potential human rights violations. The case study of BLM protests highlights allegations of excessive use of force, racial profiling, and harsh sentencing. To address these issues, it is crucial for both countries to prioritize police training and accountability, promote dialogue and engagement, review sentencing practices, and ensure compliance with international human rights standards. By doing so, Australia and the USA can work towards protecting individuals’ rights to protest peacefully while upholding their obligations under domestic legislation and international conventions.
