The Commission’s observation is that law,
policy and practice at the federal level have
drifted over the past decade without a durable
reference point from which to fully consider the
human rights implications of decisions made.
The experience during the COVID‑19 pandemic
and of decision making in relation to the
Robodebt scheme are illustrations of how
decision making can lose focus of the human
rights impacts on people when decisions are
being made without human rights guidance.
This Final Report outlines the actions necessary
for the Australian Government to meet its
obligations to respect, protect and fulfil human
rights in a revitalised Human Rights Framework.
The report is released on the occasion of the
75th anniversary of the adoption by the United
Nations (UN) of the Universal Declaration
of Human Rights. Australia had a significant
leadership role in its adoption, which remains a
guiding light for humanity the world over.
1.3 Why do we need a National
Human Rights Framework?
There are 5 key factors that underpin the
Commission’s call for a National Human
Rights Framework.
(a) Building a human rights culture
of ‘rights-mindedness’
Throughout this project, the Commission has
emphasised the importance of building a human
rights culture, or of building ‘rights-mindedness’.
This means that human rights are front of mind
when decisions are made or actions taken by
the Parliament and Government so that they
can choose pathways that advance human
rights and that do not unnecessarily cause
harm to people in the community. Through
‘rights-mindedness’, policy design and decision
making are based on human rights principles.
At the community level, it means that we are
aware of how our actions affect others and we
actively choose not to harm others.
At present, our legal framework and supporting
policy framework for human rights is very
limited and reactive in focus. It relies too heavily
on discrimination laws to set the standard,
which mostly come into operation when harm
has already occurred.
There is not enough focus on proactive
measures to advance human rights in the first
place or to bring these issues to the front of
mind when decisions are made.
We have described the desired mindset shift
as building ‘upstream’ consideration of human
rights into our systems for law, policy and
practice, as opposed to such consideration
being ‘downstream’ and focused on measures
‘after the event’.
A National Human Rights Framework is of vital
importance if we are to build a human rights
culture at the federal level.
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FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights