"Australian Positivism and Infringement on Human Rights"

This brief jurisprudential note concerns the nature of legal positivism in the context of developments in Australian statutory and common law, and specifically in connection with the New South Wales state government's response to the "Covid19 pandemic" through the then Health Minister, Brad Hazzard MLA. The author critically analyses the government's approach which is demonstrated to encroach upon principled of human rights law as settled in various instruments of international law. The author concludes that the problems identified during this period could partly be resoled through the legislation of statutory guarantees for religious liberties.

Richard Kouchoo is a Sydney based legal practitioner admitted at the Supreme Court of New South Wales, who has also been involved in various local Catholic initiatives.

Athavle v State of New South Wales [2021] FCA 1075

Kassam v Hazzard; Henry v Hazzard [2021] NSWCA 299

Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320

Kassam & Ors v Hazzard & Ors [2022] HCATrans 131

Korte v. Sebelius 735 F.3d 654 (7th Cir. 2013)

International Covenant on Civil and Political Rights (Office of the High Commissioner, United Nations Human Rights, 16 December 1966), Article 18

International Covenant on Economic, Social and Cultural Rights (Office of the High Commissioner, United Nations Human Rights, 16 December 1966), Article 2

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Menno T. Kamminga, Final Report on the Impact of International Human Rights Law on General International Law (Social Science Research Network, 1 June 2008 [revised: 21 November 2011])

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Philip Ruddock (Chair), Religious Freedom Review: Report of the Expert Panel (Commonwealth Attorney General’s Department, 18 May 2018)

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