The Impact of the Doctrine of Cultural Relativism on the Australian Legal System

Abstract

This article commences with a discussion of the doctrine of cultural relativism and its validity. Upon concluding that cultural relativism is valid, the article explores its possible applicability to multicultural Australia. In relation to immigrant practices and customs, the doctrine does not deny the incorporation of international human rights standards into Australian law, but calls for a sensitive and culturally aware approach to the question of prohibition of these practices. However, the author concludes that the doctrine does make out a case for denying the applicability of international human rights standards to aboriginal practices and customs. The article finally concludes with some observations of what the acceptance of cultural relativism entails for both the Australian legal system and the international legal system.

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