A Human Rights Act would lead to the
general public having general awareness and
understanding of their own human rights, and
being empowered to stand up for them. It would
also improve awareness of the experiences of
vulnerable members of society. Ideally, this
will result in a willingness to face the ongoing
human rights issues within Australia head on,
through our democratic processes. In this
regard, a Human Rights Act would be a positive
statement of who we are as Australians, what we
expect from our government and a framework
for realising our values in practice.
There is significant public support for the
introduction of a Human Rights Act in
Australia.2 In 2009, the National Human Rights
Consultation Committee (NHRCC) conducted
the largest ever nationwide consultation on
human rights protections. Almost 9 out of 10
Australians consulted supported a Human Rights
Act.3 A Human Rights Act was recommended
by the NHRCC report, but has not yet been
implemented.
Recent debates on religious freedom and
discrimination legislation, and about the
COVID-19 emergency, indicate that there is
a desire to embed human rights in Australia
from many sectors within society, across the
political spectrum. This conclusion is supported
by Human Rights Law Centre data which
shows that the appetite for a Human Rights
Act remains strong within the community. A
2021 opinion poll of over 1,000 people across
Australia found that 83% of people consider
that there should be a document that sets out
in clear language the rights and responsibilities
that everyone has here in Australia — an increase
from 66% in 2019. Additionally, 74% agreed that
a Charter of Human Rights would help people
and communities to ‘make sure the government
does the right thing’, compared to 56% two
years earlier.4
68
Meanwhile, a 2021 Amnesty International survey
found that
more than half of Australians believe we
already have a national Human Rights Act
and when told we’re the only Western
liberal democracy without one, 76% said
they would support its introduction.5
The Commission itself has also recorded
renewed interest in human rights issues related
to COVID-19 measures, evidenced by a dramatic
increase in human rights related complaints
and inquiries, and high engagement with online
materials about COVID-19 and human rights
issues.6
This data indicates that there is a strong
democratic base in support of implementing a
Human Rights Act that reflects our core values;
and that the time for change is now.
(b) Applies to all
A Human Rights Act would not only benefit
vulnerable individuals and minority groups.
It would help to ensure that the rights of all
people in Australia are properly understood
and protected. A Human Rights Act will
benefit anyone who relies upon or deals with
government services or agencies.
It may be that, in practice, members of the
‘majority’ will have limited need to enforce their
rights through courts. However, the systems set
up by the Human Rights Act would ensure that
the rights of all people in Australia are respected
in everyday life. It is the effect on decision
making that will ultimately have the most impact
in protecting people’s human rights.