Regardless of our level of vulnerability, all of
us deal with government agencies that make
decisions that affect our lives. For example,
when attending school, accessing healthcare
or aged care, obtaining an ID, interacting with
the police, paying off a fine, claiming benefits,
traveling in and out of the country, using public
transport and so on. A Human Rights Act will
apply to all of these areas. It would support
decision makers to consider human rights in
a way that is more appropriate to individual
circumstances, rather than taking an inflexible,
blanket approach to administration. It would
protect against arbitrary or unfair decision
making.
A Human Rights Act would also set up a safety
net in case a member of the ‘majority’ should
slip into a more vulnerable group – due to
unemployment, accident, mental health issues,
family circumstances, or any other reason.
Indeed, we all experience various forms of
‘vulnerability’ throughout our lifetime – for
example, we all experience childhood, and
expect to grow old. A Human Rights Act would
be there to protect us, our family members and
our communities during periods of vulnerability
and disadvantage, safeguarding us from
inequity, disregard or maltreatment at the hands
of public entities with power over us.
The two following case studies collected by the
Human Rights Law Centre show how Human
Rights Acts at the state and territory level have
improved decision making regarding renting, an
issue that affects many Australians.
Family violence and renting
Tenants Queensland used the
Queensland Human Rights Act
to help a single mother who had
experienced domestic violence to
avoid eviction. The tenant’s housing
provider had sought to terminate her
lease for serious breaches caused by
her ex-partner who refused to leave
the premises. Tenants Queensland
assisted the mother to draft a letter
of complaint under the Human Rights
Act and submissions in response to
the application for termination. The
tribunal granted an adjournment
which allowed the parties to negotiate
a transfer of tenancy. The housing
provider then withdrew the application
for termination.
Extracted from Human Rights Law Centre,
101 Charter Cases, 2022.7
New human rights challenges will also
continue to emerge, for example in relation
to technological change, Australia’s ageing
population, and the effects of climate change.
Importantly, as COVID-19 has highlighted,
there are times when the rights of every single
person may be directly affected by government
decisions for an extended period of time in
response to an emergency. This also happens
on a smaller scale in the context of responses to
floods and fires. We must be prepared for the
impacts of these eventualities on people and
communities – by building in consideration for
human rights at all levels of government.
FREE AND EQUAL A Human Rights Act for Australia 2022
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