ABSTRACT
Tort law offers real prospects for human rights remedies in Australia, especially in the absence of human rights legislation in most Australian jurisdictions. In this chapter, we provide an overview of human rights protection in Australia, relevant aspects of tort law in Australia and its relationship to human rights, and the torts of most relevance to potential human rights claims. We then move to case studies concerning the detention of and medical treatment for asylum-seekers, and asbestos exposure.
Joseph, Sarah and Kyriakakis, Joanna, Australia: Tort Law Filling the Human Rights Void (February 1, 2022) in Civil Remedies and Human Rights in Flux (Aristova and Ugljesa eds) (Bloomsbury, 2022), https://www.bloomsbury.com/au/civil-remedies-and-human-rights-in-flux-9781509947591/.
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