The Victorian Charter of Human Rights and Responsibilities Act became operational in January 2007. Protecting civil, political, and cultural rights, the Act acknowledges and protects rights ranging from the right to life, to the right to a fair trial (see below).

Created as an act of parliament, it is legally binding in parliament, courts, tribunals, and across all public authorities within the state of Victoria. This means that all participants within these areas are required to observe the rights in every day practice, and that every new piece of law passed by the Victorian Government must be proven compatible with the rights protected in the Act.

Learning from the ACT Human Rights Act 2004, the Victorian Act takes further steps to increase the development of a rights-based culture and every day discourse by demanding greater accountability from parliament and public actors, whilst also specifying indigenous rights and property rights.

The Act was developed to promote the inclusion of human rights in policy planing and development at the government level. Rather than creating a platform for people to claim rights violations, the Act is focused on ensuring human rights are protected by every elected government, creating fair and equal laws for all citizens.

The Victorian Act in action

Since the introduction of the Victorian Act, organisations and citizens alike have been educated and trained in the protection and realization of rights. As organisations and community groups have grown in this direction, increasing numbers of rights claims have never had to reach the court stage - showing how easy it is to utilize the Act and avoid any costly, complex, or lengthy processes.

As the rights culture grows in Victoria, there are many real life cases that demonstrate the positive influence the Act is having.

Rights protected in the Act:

  1. Recognition and equality before the law
  2. Right to Life
  3. Protection from torture and cruel, inhuman, or degrading treatment
  4. Freedom from forced work
  5. Freedom of movement
  6. Privacy and reputation
  7. Freedom of thought, conscience, religion and belief
  8. Freedom of expression
  9. Peaceful assembly and freedom of association
  10. Protection of families and children
  11. Taking part in public life
  12. Cultural rights: of ethnic, religious or linguistic minorities
  13. Property rights
  14. Right to liberty and security of person
  15. Humane treatment when deprived of liberty
  16. Children in the criminal process
  17. Fair hearing
  18. Protection of rights in criminal proceedings and against retrospective criminal law
  19. Right not to be tried or punished more than once

Useful Links

Victorian Equal Opportunity and Human Rights Commission

Victorian State Government