Society works best when we all know what the
basic rules are. A Human Rights Act would be a
central document that everyone can access – a
way to make sure we all know what our rights
are – and what action we can take if they are
not respected. At present, Australia does not
adequately protect human rights. The impact of
a Human Rights Act is illustrated in Figure 5.
A national Human Rights Act would mean that:
• the impact of laws, policy and practice on
people’s human rights would always be
considered
• Parliament, government officials and decision
makers would be held to account for how
they consider the human rights impact of
their actions and decisions
• people in Australia would have access
to a remedy when their rights have been
breached unjustifiably.
Figure 5: The impact of a Human Rights Act
People’s rights matter, all of the time
The impact of laws, policy and practice on people’s human rights
should always be considered.
Parliament, governments and public officials should be held to account
for how they consider human rights impacts in their decision-making.
This reflects: our commitment to democratic principles, and ‘Australian
values’ that respect civil liberties, rights and fundamental freedoms.
It means that:
Laws should respect
human rights.
1
Remedies should be
available where human
rights have not been
considered or have
been breached without
justification.
When decisions are made,
the human rights impacts
should be considered.
2
3
The legal framework should:
• Protect human rights.
• Prevent violations of human rights.
• Provide effective relief for breaches of human rights.
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FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights