(b) Who is responsible for advancing
human rights in Australia?
As the Australian Government signs and ratifies
human rights treaties on behalf of Australia,
it is the Australian Government that has
responsibility for protecting and promoting
human rights in Australia. This includes an
obligation to ensure that all governments in
Australia (federal, state and territory) respect
human rights.5
However, governments are not solely
responsible for advancing human rights – it is
a responsibility across society.
The Universal Declaration of Human Rights
states that:
• everyone has duties to the community, and
• every individual and every organ of society
… shall strive by teaching and education to
promote respect for … rights and freedoms.
This means that not only the government, but
also businesses, community organisations,
providers of education, health, employment
and other social services, police and law
enforcement agencies, civil society, and
individuals share the responsibility of
promoting and respecting human rights.
When exercising our own rights, we have a
responsibility to respect the rights of others.
Human rights are about creating and maintaining
an environment of mutual respect and
understanding, so that everyone can participate.
For the Australian Government, agreeing that
all people in Australia will be provided with the
protections of human rights treaties creates
legal commitments. Governments are obliged
to respect, protect and fulfil human rights.
34
2.3 Prior momentum towards
reform
(a) The National Human Rights
Consultation Committee Report 2009
On 10 December 2008, International Human
Rights Day, the then Commonwealth
Attorney‑General, the Hon Robert McClelland
MP, launched the National Human Rights
Consultation, in fulfilment of the Australian
Labor Party’s 2007 election commitment to
‘initiate a public inquiry about how best to
recognise and protect the human rights and
freedoms enjoyed by all Australians’ and to
‘establish a process of consultation which will
ensure that all Australians will be given the
chance to have their say on this important
question for our democracy’.6
The National Human Rights Consultation
Committee (NHRCC), chaired by Father Frank
Brennan AO SJ, was to undertake consultation
and to report by 30 September 2009.7
During 2009, the NHRCC conducted a
wide‑ranging nationwide consultation on
human rights protections. The consultations
involved 35,014 written responses and 66
community roundtables with 6,000 people,
held in 52 locations around Australia.8 The
NHRCC also held 3 days of public hearings in
Canberra, with over 70 speakers taking part in
discussions.9
The comprehensive NHRCC Report made a
series of recommendations about the fulfilment
of human rights in Australia.
The NHRCC Report’s first recommendation
was that education be the ‘highest priority’
for improving and promoting human rights
in Australia towards creating a human rights
culture. This included developing a national
plan to implement a comprehensive framework,
supported by specific programs, of education
in human rights and responsibilities in
schools, universities, the public sector and the
community generally.10
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights