Is Near Enough Good Enough? - Implementing Australia's International Human Rights Torture Criminalisation and Prohibition Obligations in the 'Criminal Code' (Cth)

Abstract

The welcome domestic implementation of Australia's international torture criminalisation and prohibition obligations in the 'Criminal Code' (Cth) is important in the creation of general torture offences, but also reflects critical contemporary features of Commonwealth human rights policy and the resetting of Australia's relationship with the United Nations human rights system. The legislative and policy choices made provide signals for future human rights endeavours. These choices confirm that modest changes to the legislative drafting would have asserted a more exemplary foundation for Australian international human rights advocacy and set a higher standard for the development of a domestic human rights framework.