3. A Human Rights Act for Australia
The Secretariat of National Aboriginal and
Islander Child Care (SNAICC) suggested that:
A federal Human Rights Act would
contribute to both a stronger renewed
national discourse on rights and increase
accountability for protecting rights across
all levels of government.
The Charter of Rights campaign coalition,
an alliance of 90 organisations across the
Australian community, urged:
By ensuring human rights are at the heart
of our laws, and that people can take action
when their rights are violated, a Charter
makes a huge difference to the lives of
people across our community. Charters are
of particular importance for parts of the
community marginalised by a combination
of neglect with respect to critical
services, or cultural attitudes that lead to
discrimination, and as a result are prevented
from fully enjoying their rights. People need
enforceable human rights to help redress
the wrongs they face, but more importantly
improve government laws and decisions so
that they properly consider human rights at
the outset.4
Much of the discussion at the PJCHR public
hearings has focused on the Commission’s
model for a Human Rights Act. Witnesses and
submissions have proposed amendments to the
Commission’s model, for example to expand
the scope of the rights included in the model
Human Rights Act.
Ultimately, the dialogue that has occurred
in the PJCHR hearings has shown that the
Commission’s model is an appropriate vehicle
by which to take forward a national Human
Rights Act to the Exposure Draft Bill stage.
3.4 The case for a Human
Rights Act
(a) People’s rights matter, all of the time
The need for a national Human Rights Act
can be summed up in one simple statement:
people’s human rights matter, all of the time.
No matter who we are, we all deserve to
be treated with dignity and respect by our
government. The Human Rights Act would
embed these values into public life in Australia
by making the government accountable for
protecting our rights – no matter who is in power.
A Human Rights Act would mean that all of us, no
matter who we are, will have a better understanding
of our human rights. We will be empowered to
stand up for ourselves and our communities
and take action to get justice when someone in
the government tries to violate our rights.
No matter who we are or what our life
circumstances are, we all have the right to
be treated with respect and dignity by our
government and the people that work for it.
When we know what our rights are under the
law, we can stand up for ourselves and our
communities if the government does something
unfair or even abusive.
But right now, it is too hard to understand just
what rights we do have under Federal law. That
can make it difficult for us to know what to
do when we are treated badly or denied our
fundamental freedoms by someone who works
for the government. Our human rights are
scattered across a patchwork of different and
sometimes contradictory laws – and some are
not protected at all.
With a Federal Human Rights Act, all our rights
would be clearly laid out in one place and
accessible to anyone who needs them – from
families navigating the healthcare system to
people detained by immigration authorities.
The Human Rights Act would be a powerful
new tool not only to protect ourselves and
our communities, but to get justice when
governments fail us.
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights
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