The Impact of Human Rights Norms: 'A Law Undergoing Evolution'

"In this paper, the Hon Justice Kirby outlines the history of, and reasons for, the growing impact of international human rights jurisprudence upon the work of judges in Australia, New Zealand, England, and elsewhere." International human rights can be used in domestic judicial decision-making "in the application of constitutional or statutory provisions reflecting universal principles stated in international treaties. But, according to the 'Bangalore Principles', it can also be done where there is a gap in the common law or where a local statute is ambiguous. The judge may then fill the gap or resolve the ambiguity by reference to international human rights jurisprudence which will ensure that domestic law conforms, so far as possible, to such principles." Justice Kirby describes the evolution in the law, suggesting that judges should be aware of the evolution and in appropriate cases inform their decisions with relevant international human rights jurisprudence. [the focus of this paper is not specifically women's human rights]