Chapter 2: Context: the current Australian framework for protecting human rights 2.1 What are human rights? Human rights are the basic rights that all people are born with, no matter who they are or where they are from. Human rights recognise the inherent dignity of human beings. They are based on principles of fairness, equality, autonomy and mutual respect. They are about being treated fairly, and having the ability to make genuine choices in our daily lives. Human rights are universal and inalienable, applying to everyone, everywhere, all the time. They work to improve our lives as individuals, build strong and socially cohesive communities, and enhance the quality of our democracy. Prior to the modern international legal system, human rights were recognised through law and practice over many centuries in various forms. Key human rights are rooted in the common law tradition that Australia inherited from the United Kingdom,1 and developed from theories of natural rights that are foundational to modern democratic societies.2 Since the horrors of World War II human rights have been codified in international instruments, including declarations and treaties. Australia was a key participant in the development of human rights instruments through involvement in international forums.3 By ratifying human rights treaties, the Australian government has voluntarily made pledges that it will uphold people’s rights. This pledge has been made to other countries – by governments on both sides of Australian politics. But more importantly, it has been made to the people of Australia. Human rights instruments Australia is a party to seven of the major international human rights treaties. Two core treaties, adopted by the UN General Assembly in 1966, are the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Together with the Universal Declaration of Human Rights, adopted in 1948, these three instruments form the ‘International Bill of Rights’.4 Australia has also ratified five treaties that identify specific obligations to certain groups of people and in relation to particular thematic areas: • International Convention on the Elimination of All Forms of Racial Discrimination (CERD) 1965 • Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979 • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 1984 • Convention on the Rights of the Child (CRC) 1989 • Convention on the Rights of Persons with Disabilities (CRPD) 2008 FREE AND EQUAL A Human Rights Act for Australia 2022 45