5.2 List of rights for inclusion The Commission proposes the following rights for inclusion in the Human Rights Act, with suggested wording. Please see the Appendix for further commentary on the sources and wording of the rights. Recognition and equality before the law; and Freedom from discrimination (1) Every person has the right to recognition as a person before the law. (2) Every person has the right to enjoy the person’s human rights without discrimination. (3) Every person is equal before the law and is entitled to the equal protection of the law without discrimination. (4) Every person has the right to equal and effective protection against discrimination. (5) Measures taken for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination do not constitute discrimination. (6) Discrimination in the context of the Human Rights Act has the same meaning as discrimination in federal discrimination laws (including any future discrimination legislation): Age Discrimination Act 2004 Disability Discrimination Act 1992 Racial Discrimination Act 1975 Sex Discrimination Act 1984 Fair Work Act 2009 Right to life Every person has the right to life and has the right not to be arbitrarily deprived of life. Protection from torture and cruel, inhuman or degrading treatment (1) A person must not be— (a) subjected to torture; or (b) treated or punished in a cruel, inhuman or degrading way; or (c) subjected to medical or scientific experimentation or treatment without the person’s full, free and informed consent. Protection of children (1) Every child has the right, without discrimination, to the protection that is needed by the child by reason of being a child. (2) Public authorities shall take into account the best interests of every child as a primary consideration in all actions concerning them. (3) Every child shall be registered immediately after birth and shall have a name. (4) Every child has the right to acquire a nationality. Note: A child also has the other human rights set out in this Act. Note: This right should be interpreted in light of Article 10(3) of ICESCR. Protection of families (1) The family is the fundamental group unit of society and is entitled to protection by society and the State. (2) Every person of marriageable age has the right to marry or refuse to marry another person of their own free choice, and to found a family. Note: This article should be interpreted in light of Article 10 of ICESCR. 110