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By F. Rouessac, A. Rouessac

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8 Thus there are three limitations to the rights under the Act. The first is that there must be some ambiguity, the second is that the resulting decision (upholding the right) must be in line with the law, and finally, the result must be proportionate. These limitations have their basis in the HRA, conventions of international law and domestic case law. These limitations are effected through the legal concepts of reasonableness and proportionality. While these prima facie have ‘common sense’ meanings, within this legal context they are realised in specific ways.

Santa Ana’s work5 on the representation of immigrants in the US finds that they are often referred to as animals. The protestors too are portrayed and treated as animals. This is hardly co-incidence as animals have no human rights. The two very different examples have been chosen in part to show that we need to ask questions not only about certain groups being denied rights, but about the operation of such rights in general. II LIMITED BY THE LAW It is worth noting at the outset that European Convention rights (and as articulated in the HRA) are limited by ‘the law’; indeed there is no such thing as an absolute right.

Aboriginal Australians, white culture’s guilty secret, feature there in a narrative contradiction symptomatic of repressed guilt. On behalf of contemporary Europeans, this (white) narrative denies that later non-Aboriginal generations share any responsibility with those who preceded them for the theft of Aboriginal land that accompanied the European invasion; or for the theft of children from Aboriginal families, and their attempted destruction of Aboriginal culture during the period of attempted assimilation; or for the effects of those practices on the condition of Aborigines in the present.

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Chem Analysis - Modern Instrum. Methods and Techniques by F. Rouessac, A. Rouessac


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