What are your rights during COVID-19 lockdown? You have inherent rights that are your duty to protect.

The International Covenant on Civil and Political Rights (treaty) provides human rights guarantees, minimum guarantees The Parliament provides you, and these guarantees are being encroached on by locking you down in your homes.

  • Right of association
  • Right to freedom of movement
  • Right to freedom of expression
  • Right to political protest
  • Right to peaceful assembly

Directions are optional, they are by consent only. During a state of emergency, there is no derogation of our rights. Our rights are inherent and stay intact.

The Vienna Convention on the Law of Treaties states a signatory to a treaty cannot use internal laws to suspend a treaty or to not meet their obligations under a treaty.

Article 27 – Internal law and observance of treaties:

A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to article 46.

Police cannot trespass and must not remain on your private property.

In Plenty v Dillon, Mason CJ, Brennan and Toohey JJ said that the principle in Entick v Carrington ‘applies to entry by persons purporting to act with the authority of the Crown as well as to entry by other persons’.

Plenty v Dillon [1991] HCA 5; (1991) 171 CLR 635 (7 March 1991) (Mason CJ, Brennan and Toohey JJ). Their Honours then quoted Lord Denning adopting a quotation from the Earl of Chatham. “The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail-its roof may shake-the wind may blow through it-the storm may enter-the rain may enter-but the King of England cannot enter-all his force dares not cross the threshold of the ruined tenement.” So be it-unless he has justification by law’: Southam v Smout [1964] 1 QB 308, 320.

Similarly, in Halliday v Nevill, Brennan J said: The principle applies alike to officers of government and to private persons. A police officer who enters or remains on private property without the leave and licence of the person in possession or entitled to possession commits a trespass and acts outside the course of his duty unless his entering or remaining on the premises is authorized or excused by law.

Halliday v Nevill [1984] HCA 80; (1984) 155 CLR 1 (6 December 1984) (Brennan J). Brennan J was quoted in Plenty v Dillon (1991) 171 CLR 635, 639 (Mason CJ, Brennan and Toohey JJ).In Plenty v Dillon, Gaudron and McHugh JJ said: ‘If the courts of common law do not uphold the rights of individuals by granting effective remedies, they invite anarchy, for nothing breeds social disorder as quickly as the sense of injustice which is apt to be generated by the unlawful invasion of a person’s rights, particularly when the invader is a government official’: Ibid 655.

Categories: Law

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