Civil and political rights
Research working papers, relevant journals and other research centres and institutions.
Working papers
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THE COMMERCE COMMISSION V AIR NEW ZEALAND [2011] NZCA 64. Size: 151.0 kB.
Document Description: This paper examines a recent challenge to the Commerce Commission’s power to impose non-disclosure orders under the Commerce Act 1986. Argument before the Court claimed the orders unduly infringed on the NZBORA right to justice and freedom of expression. While the paper endorses the final result reached by the Court, it suggests that the treatment of freedom of expression raises questions about the robustness of rights protection in New Zealand.
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Privacy: Right, Value or Fundamental Interest?. Size: 88.3 kB.
Document Description: As time goes by legal recognition of privacy in New Zealand continues to develop, but terminology remains uncertain, and this provides restrictions on privacy being protected to its fullest extent. Part of this uncertainty stems from difficulties in defining what privacy is and what it means to people, but this difficulty should not deter New Zealand from attempting to clarify a matter of such importance.
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Closed Material Procedures in Civil Trials. Size: 89.1 kB.
Document Description: This paper considers the adoption of closed material procedures in civil trials in England. It does so in the of the adversarial system, European Convention and common law fair trial, and the procedure that currently exists to deal with situations that the government would like closed material procedures to deal with – public interest immunity.
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Women’s Rights versus Cultural Rights in Pakistan. Size: 149.1 kB.
Document Description: Culture has been cited by many governments to justify deprivation of women’s rights and the principle of state sovereignty has been used to prevent outside reformers from intervening. Women in provincial Pakistan are notably deprived. Although international law provides for the respect of culture, the adoption of the principle of cultural change can be interpreted as an affirmation of the importance of women’s rights in any culture.