Australia has not implemented key rights contained in human rights treaties through a cohesive legislative instrument or the Constitution. This renders Australia an anomaly among all other liberal democracies.9 There is a gap between what we expect from government, and how our laws and administrative systems operate in practice. Human rights are not always respected and protected by governments in Australia. Failures to protect human rights can affect all kinds of people, and any lack of respect for human rights degrades society at large. Often, those most harmed by human rights breaches are the most vulnerable among us. The need for better human rights protections in Australia can be summarised by one simple proposition: we should have proper protection of human rights at the national level because everybody’s human rights matter, all the time. To do so requires that human rights are embedded within the laws of our country, so that they have practical effect for individuals, and are consistently and coherently applied by government. A Human Rights Act would ensure that the rights and freedoms that Australians rightly expect – and assume – are protected,10 are in fact protected. There is nothing exceptional about the idea that when making laws, or taking actions or decisions under them, parliamentarians and public officials should consider the human rights impact of their actions and should favour options that positively protect human rights or cause minimal harm to them. A Human Rights Act as proposed by the Commission would mean that the following is reflected in our federal laws: • assurance of fairness in government, legal and administrative decisions that affect rights • priority given to respecting and protecting human life • freedom to speak, create, protest, travel and organise • freedom to live in accordance with your own beliefs, values and ideals • freedom to make personal choices without interference, coercion or surveillance, including medical decisions and decisions about your family life • protections against cruel treatment, arbitrary detention, and unjust court processes • recognition of the essential standards required for a dignified life – including the provision of access to basic healthcare, housing, education and work; and protections against homelessness, hunger and poor working conditions • assurance of equal treatment and respect, regardless of your sex, gender, sexuality, disability, age, nationality, race or religion • embedding of supports to ensure the full autonomy of people with disabilities • recognition and respect for the selfdetermination of First Nations peoples • ensuring that the best interests of children are prioritised in decisions that affect them • opportunities for disadvantaged, disenfranchised and vulnerable people and groups to participate more fully in the democratic process. Where parliamentarians or public officials make decisions or take actions that may harm a person (by infringing their human rights) they should transparently justify this choice, by identifying whether limitations on human rights are necessary, reasonable and proportionate to achieving the intended purpose. FREE AND EQUAL A Human Rights Act for Australia 2022 35