Foreword
Edward Santow
Kristen Hilton
Australian Human Rights
Commissioner
Victorian Equal Opportunity
and Human Rights
Commissioner
The right to freedom of religion is recognised in international human rights law and receives some
protection in Australia’s federal, state and territory laws. Many people of faith report that Australia offers
peace and freedom to practise their religion. Indeed, some have come to this country from places where
they were persecuted for their beliefs.
However, we also know that some people of faith in Australia experience serious harms on the basis of their
religious identity. We use the term ‘serious harms’ to include experiences of violence, abuse, intimidation,
severe discrimination and some forms of vilification. Serious harms can occur as a result of activity in the
physical world and online. These actions have terrible effects on individuals and communities, and they are
a serious violation of the human right to freedom of religion.
We were profoundly shocked by the killing of 51 worshippers at the Al Noor Mosque and the Linwood
Islamic Centre in Christchurch, New Zealand, on 15 March 2019. The person who has pleaded guilty to these
killings is an Australian. The repercussions of this atrocity, which occurred so close to home, have been felt
by Australia’s many Muslim communities, as well as by Victorians and Australians of all faiths—and none.
Though Australia has never experienced an attack on people of faith on this scale, we should think carefully
as a nation about the prevalence and effects of serious harms perpetrated on the basis of people’s religion,
and about how we can best address this problem.
The Australian Human Rights Commission (AHRC) and the Victorian Equal Opportunity and Human Rights
Commission (VEOHRC) have come together to produce this Position Paper. It examines some research on
serious harms experienced by religious communities and draws on two roundtable consultations that the
AHRC and VEOHRC held in Sydney and Melbourne in June 2019. The Position Paper concludes with several
recommendations as to how governments in Australia can improve protections for the right to freedom of
religion in Victoria and Australia.
Edward Santow, Australian Human Rights Commissioner
Kristen Hilton, Victorian Equal Opportunity and Human Rights Commissioner
Freedom of religion in Australia: a focus on serious harms • July 2020 • 5