12 days left to call for a Human Rights Act for Australia!, Human Rights Today, Amnesty International Australia

12 days left to call for a Human Rights Act for Australia!

3 June 2009, 02:00PM

Australia is the only liberal democracy without a Human Rights Act or similar form of protection for human rights.

The Australian Government is conducting a nationwide consultation on how we want our rights protected in Australia. This is a once-in-a-lifetime chance to call for legal human rights protection.

The public consultation finishes on Monday 15 June.

Making a submission: online form on Amnesty International’s website

You and your students can use an online form to make a personalised submission to the consultation in four easy steps - it won't take longer than five minutes. Your submission will then be emailed directly to the Committee.

There is also an online forum which you can get your students to participate in.

Human Rights Act: classroom resources in development

Amnesty International will shortly be releasing teacher notes and student activities on the Human Rights Act for use later this year. (The Human Rights Act debate will remain in the news during 2009. The National Human Rights Consultation Committee's report to Government is due on 31 August 2009, and ongoing community discussion can be expected.)

Some topics that students could investigate are listed below.

What is a Human Rights Act?

A Human Rights Act would be a national law that protects the rights of all people in Australia.

Significantly, it would also require federal members of parliament and agencies to consider human rights in the development of all new policies and legislation.

Bills of Rights and Human Rights Acts have been widely accepted in other countries: the USA’s Bill of Rights is one of its central national documents, the UK has Human Rights Act, Canada has a Charter of Rights and Freedoms and NZ has Bill of Rights Act. (For details of how these work in each country see our interactive world map.

Don't we already have human rights protection in Australia?

Some of our human rights are protected by Australian law, but many are not.

The Australian Constitution only explicitly mentions a few rights, including the right to vote, the right to trial by jury, and the right to freedom of religion. However, the provision of these rights is limited to specific circumstances. Our rights are also protected through anti-discrimination laws at a Federal and State level.

However, there is no overarching mechanism for the protection of human rights in Australia at a national level.

Why does Australia need a Human Rights Act?

A Human Rights Act will set out the fundamental rights that Australians agree should be protected.
A Human Rights Act will improve government decision making by requiring government to recognise and protect human rights. All new legislation should be assessed against the Human Rights Act.
Current Australian laws only protect a narrow number of rights in a limited way. One instrument will bring all of those rights together and protect them in the same way.
A Human Rights Act will ensure that as a democratic society we all bear the responsibility to protect the rights of others.

Find out more

Human Rights Act for Australia page, Amnesty International Australia

Background, blog entries, links and online form for you to take action.

Majority support the introduction of a law to protect human rights in Australia

Results of a recent opinion poll commissioned by Amnesty International, which found that 81 percent of people surveyed would support the introduction of a law to protect human rights in Australia.

“Constitution poses no obstacle to national Human Rights Act”

This article details how the Australian Human Rights Commission recently held a roundtable, bringing together some of Australia’s leading constitutional and human rights lawyers to discuss the constitutional validity of a Human Rights Act.

Wrongs, Rights and Remedies: An Australian Charter?

In this essay Professor Spencer Zifcak and Alison King argue that it is now imperative that Australia legislates comprehensively to protect human rights.

How a Human Rights Act Can Promote Dignity and Address Disadvantage

Human rights belong to everyone. The Human Rights Law Resource Centre (HRLRC) has compiled a number of case studies from Victoria, the ACT and the UK which demonstrate that human rights are for everyone; they are an important tool that can help create a more just society where everyone receives a fair go.

These case studies illustrate how human rights laws can be used to encourage common-sense policies and decisions that promote human dignity and addresses disadvantage. For more details visit the HRLRC website.

Human rights in Australia - we should do better

The absence of a national human rights law in Australia permits the mistreatment of people, writes George Williams.

Case studies demonstrating the positive impact of the Victorian Charter of Human Rights

Examples include:

Man with a physical disability gains access to additional care funds
Human rights inform primary school redevelopment
Local council decides against “move on” local laws

We'll have what they're having!

Check out our interactive world map at the link above to find information on other countries with human rights protection.

Frequently Asked Questions: Human Rights Act and the national consultation

Focusses on questions such as:

Why are we having a National Human Rights Consultation?
What are human rights?
How do human rights relate to me?
Which international human rights instruments does Australia uphold?
Is this National Human Rights consultation only about a bill of rights?
What can I do if I have a human rights complaint?

Some themes for students to investigate.

Here are some questions to then further investigate the protection of Human Rights in Australia -

What is the purpose of a human rights act?
Why does Australia need a human rights act now? OR “If it ain’t broke why fix it?”
Don’t we already have protection for our rights?
Do Australians want a human rights act?
Why a legislative “Human Rights Act” rather than a constitutional “Bill of Rights”?
Would a human rights act transfer power from parliament to unelected judges?
Would a human rights act protect ordinary people?
What rights should be included in a human rights act?
Would a human rights act include responsibilities too?
Do other countries with similar systems of law and government have human rights acts?
Have human rights acts in other countries led to increases in litigation?
Will a human rights act stop the government from protecting national security?
If a bill of rights didn’t stop atrocities in the Soviet Union under Stalin, how will it be of benefit to Australia?
Why doesn’t Australia’s constitution include a bill of rights?
Why are there so many different terms used – “human rights act”, “charter”, “model bill” and “bill of rights”? What is the difference?