Similar approaches have been taken in comparable international jurisdictions. For example, the right to education is included in the UK Human Rights Act. The UK Joint Committee on Human Rights has stated that the right to education was ‘without difficulty guaranteed and applied by the UK courts, if in relatively circumscribed and qualified form, alongside the civil and political guarantees’.70 ACT and Queensland jurisdictions have also taken a similar qualified approach to ICESCR rights guaranteed within those Human Rights Acts. The Commission has closely drawn upon the articulation of ICESCR rights in domestic jurisdictions when developing its own proposals. At the state and territory level, the right to education the right to health services and the right to work have been included in at least one jurisdiction. All three state and territory jurisdictions include cultural rights. The fact that these rights are already protected in Australian jurisdictions should engender confidence that they can be similarly included at the federal level. In addition to the rights already protected by state and territory instruments, the Commission recommends including the right to an adequate standard of living, the right to access social security, and the right to a healthy environment, in a similar ‘specific’ manner. This would incorporate all the key ICESCR rights. The inclusion of all these rights are important. ICESCR rights work together to enable the realisation of a dignified life for individuals. Where ICESCR rights are protected at the state and territory level, the Commission has based its own proposals on those rights, with some adjustments to language for clarity or to better reflect international law. The Commission’s proposed approach to these rights are summarised below, as well as outlined in the list at section 5.2 and the Appendix. The right to education implements article 13 of ICESCR. It has been included in both the ACT and Queensland Human Rights Acts. The Commissions proposed articulation provides that every child has the right to free primary education and secondary education without discrimination. A note is included to indicate that this right should be interpreted in light of article 24 of the CRPD. Article 24 elaborates on the requirements for disability inclusive education, which is required to meet the standard for non-discrimination. The proposed right to education also includes the right of a parent to choose schooling for their child in conformity with their religious or moral convictions, as long as this conforms to the minimum education standards in law. An example of how this right may be utilised is to address circumstances where a child is excluded from a school for unfair or discriminatory reasons. The right to health implements article 12 of ICESCR. The Commission’s proposal is based on the Queensland right to health services. It would enable access to health services, including mental health services, without discrimination. It would also prevent the refusal of emergency medical treatment that is immediately necessary. For example, this right could be utilised to ensure equal access to health services in rural and remote communities. Determinants that affect enjoyment of the right to health are also addressed through other rights protected in the Human Rights Act – for example, per the right to an adequate standard of living, everyone has the right to adequate food and housing. The right to an adequate standard of living implements article 11(1) of ICESCR. It is not included in the state and territory human rights acts. This right would provide a right of access to adequate housing, food, water and clothing. It would also prevent unlawful or arbitrary evictions. This right requires the adequate provision of necessities to maintain a basic standard of living and human dignity, and to ensure survival through the prevention FREE AND EQUAL A Human Rights Act for Australia 2022 129