1. Introduction: Towards a revitalised Human Rights Framework for Australia
This Framework proposes measures that will meet Australia’s obligations to respect, protect and
fulfil human rights as set out in Table 3.
Table 3: How a National Human Rights Framework will meet Australia’s obligations to respect, protect
and fulfil human rights
Respect
Protect
Fulfil
Cohesive legal protections
for human rights through a
domestic Human Rights Act,
with remedies available.
Early consideration of human
rights impacts in policy, law
and decision-making through a
Human Rights Act and reformed
parliamentary scrutiny processes.
Overarching Human Rights
Framework with long- and
short‑term priorities, with
sufficient resourcing and in-built
accountability mechanisms.
Private contractors providing
public services on behalf of
government bound by Human
Rights Act. Other private
businesses may voluntarily opt‑in
to human rights obligations.
National Indicator Framework
enables better tracking of human
rights progress and efforts to
progressive realise rights.
Positive duty in Human Rights
Act prevents breaches of human
rights by government.
Positive duties to ensure
effective participation and
access to justice will protect
marginalised groups from
human rights violations.
More effective protections
against discrimination through
federal discrimination law reform.
Positive duty across all
discrimination acts to prevent
discrimination in areas of
public life.
Strengthened parliamentary
scrutiny regime will ensure that
human rights implications of
legislation is robustly considered.
Human rights education for the
general community and duty
bearers builds rights-mindedness
and prevents human rights
violations.
Human rights education for
public servants builds rightsmindedness and prevents human
rights violations.
Stronger regulatory powers
for the AHRC to increase
compliance with human rights
and discrimination standards.
Domestic reporting requirements
under the Human Rights Act,
including by the Australian
Human Rights Commission.
Processes to ensure better
responsiveness to international
mechanisms.
Strengthening the role of civil
society in advocating and
educating on human rights.
Strengthening institutional
accountability and the
development of a human rights
culture across government.
The proposed National Human Rights Framework would also create a ‘human rights eco-system’
within which human rights impacts are front of mind at all stages of the legislative and decision
making process as set out in Figure 2.
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights
23