(c) Enhancing participation and trust
The dialogue Human Rights Act model ensures
that laws, policies and decisions affecting
human rights are publicly justified and subject
to scrutiny. For example, legislative proponents
must outline the human rights implications of
new Bills to Parliament; and public authorities
must justify their decisions by reference to
human rights criteria. This leads to the public
becoming better informed about decisions
made by government to limit human rights and
of the justifications behind those decisions.
Armed with this information, the public is better
prepared to participate in democratic processes.
The role of parliamentary scrutiny, and
particularly that of the Parliamentary Joint
Committee on Human Rights, established
in 2011, in partial implementation of the
recommendations of the NHRCC report, is a
positive step. The ‘dialogue’ that is engendered
is limited, however, while the reference point of
scrutiny remains outside domestic laws.
A Human Rights Act would encourage greater
public participation, including via consultation
with communities. As a principle, participation
is central to good decision making and good
governance. The OHCHR has observed that,
76
While the responsibility and accountability
for taking decisions ultimately rests with
public authorities, the participation of
various sectors of society allows the
authorities to deepen their understanding
of specific issues; helps to identify gaps,
as well as available policy and legislative
options and their impact on specific
individuals and groups; and balances
conflicting interests. As a consequence,
decision-making is more informed and
sustainable, and public institutions
are more effective, accountable and
transparent. This in turn enhances the
legitimacy of States’ decisions and their
ownership by all members of society.63
As the OHCHR highlights, participation
processes ensure that decision makers are
fully informed about the implication of their
proposals on affected groups and individuals,
which aids government planning and improves
the overall quality of resulting laws and policies.
The Commission’s proposed Human Rights
Act model emphasises participation as a key
element, noting that many of the worst (and
most financially costly) human rights failures
in Australia arise out of a failure to consult
with affected groups. This is illustrated by the
following case study.