The Commission’s recommended model primarily incorporates rights derived from the ICCPR and the ICESCR. When formulating the wording of these rights, the Commission has taken into account state and territory human rights instruments, and Australia’s specific constitutional and federal structure. The Commission has also reflected Australia’s obligations arising from ‘thematic’ treaties beyond the ICESCR and ICCPR, relating to particular sections of the population, such as children (CRC) and persons with disability (CRPD); as well as rights and principles from the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), noting Australia’s particular obligations to First Nations peoples. The Commission proposes that the thematic instruments are reflected through the inclusion of a clause that requires the Human Rights Act to be interpreted in light of international human rights instruments. This clause would reference the 7 core treaties that Australia has ratified, and UNDRIP. This will encourage courts (as well as Parliament and the Executive) to take into account these instruments when interpreting the rights within the Human Rights Act, and consider how the rights in the Human Rights Act may apply to federal legislation that raises human rights considerations. (f) Approach to economic, social and cultural rights Economic, social and cultural rights are of critical importance to people’s ability to live healthy, safe and productive lives. Whether it is through access to bare minimums, such as safe drinking water, accommodation or social security, or ensuring that health, education and employment can be accessed in a respectful manner, no one can thrive without these rights being recognised. 56 For this reason, the Commission includes rights contained in the ICESCR in its model Human Rights Act. To ensure that these rights are justiciable and constitutionally compliant, the Commission proposes an implementation of ICESCR rights that is narrower than the full expression of those rights contained in ICESCR. The Commission proposes focusing on including the essential, core and/or immediately realisable aspects of these rights. Importantly, the proposed articulation of ICESCR rights is designed to accord with the Commission’s proposal for including a direct cause of action for unlawfulness under the Human Rights Act. The Commission notes that the full scope of ICESCR rights are implemented through the package of proposals in a new National Human Rights Framework, not solely through the operation of the proposed Human Rights Act. The Commission recognises that ICESCR implementation, particularly with regard to the principle of progressive realisation, occurs primarily outside of the realm of the courts. Progressive realisation is most relevant to ‘upstream’ decision making about policy and resourcing. Parliamentary scrutiny and Commission reporting would provide opportunities to address the broader aspects of ICESCR rights that extend beyond the narrower articulation of rights in the Human Rights Act to be applied by courts. The Commission also envisions that legal foundations in a Human Rights Act would be complemented by overarching national targets and measurable indicators assessing human rights implementation, enabling the progressive realisation of rights over time. It would be accompanied by effective national level responsiveness to the Concluding Observations of treaty body periodic reviews, which may include some other priority actions for reform. FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights