The COVID-19 border closure to India: Would an Australian Human Rights Act have made a difference?

Chen, Bruce 2021, The COVID-19 border closure to India: Would an Australian Human Rights Act have made a difference?, Alternative Law Journal, pp. 1-6, doi: 10.1177/1037969X211040618.

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Title The COVID-19 border closure to India: Would an Australian Human Rights Act have made a difference?
Author(s) Chen, BruceORCID iD for Chen, Bruce orcid.org/0000-0002-9200-3414
Journal name Alternative Law Journal
Start page 1
End page 6
Total pages 6
Publisher Sage Publications
Place of publication London, Eng.
Publication date 2021-08-31
ISSN 1037-969X
2398-9084
Keyword(s) National Human Rights Act
COVID-19
border closure to India
Biosecurity Act 2015 (Cth)
Summary In late April 2021, the Commonwealth government determined to prohibit overseas travellers who had been in India from returning to Australia, subjecting them to heavy penalties for breach. This measure was controversial and unprecedented in Australia’s response to COVID-19, drawing sharp criticism for breaching human rights. This article analyses the human rights issues arising under the Health Minister’s determination, and the ensuing Federal Court case of Newman v Minister for Health and Aged Care. Against the backdrop of a renewed push for a national Human Rights Act, it finds that a national Human Rights Act could have made a difference.
Notes In Press
Language eng
DOI 10.1177/1037969X211040618
Field of Research 1606 Political Science
1801 Law
2201 Applied Ethics
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30155374

Document type: Journal Article
Collections: Faculty of Business and Law
Law
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