ABSTRACT
Equality is perhaps the primary human right. Fundamental human rights are meaningless unless there is a complete absence of discrimination. There can be no equality where there is discrimination based upon political or jurisdictional considerations. In this regard Koowarta v Bjelke-Peterson30 is very instructive. The High Court of Australia affirmed the validity of the Racial Discrimination Act 1975.31 It was enacted to implement the obligation of Australia under the International Convention on the Elimination of All Forms of Racial Discrimination.
