Jurisdiction Model Obligations on branches of government Protected rights Cause of action Remedies United Kingdom Legislative Executive »» Civil and political rights »» Standalone, direct cause of action »» Some economic and social rights (right to marry and family, education, peaceful enjoyment of property) »» Ability to use human rights in other legal actions »» Court can award any remedy including damages Since 1998 Human Rights Act 1998 (UK); European Convention on Human Rights Parliament Unlawful for public authority to act incompatibly with human rights Statements of compatibility must accompany every Bill »» By reference to the European Convention Courts Must read legislation in a way compatible with human rights Courts must act compatibility with human rights New Zealand Legislative Since 1990 New Zealand Bill of Rights Act 1990 (NZ) Canada Since 1960 Constitutional and legislative Executive Attorney-General must bring to the attention of Parliament any provision of a Bill that is inconsistent with human rights Parliament No legislative requirement for scrutiny of Bills Courts Interpretation of legislation consistent with human rights to be preferred Executive »» No express obligations, but cause of action permits anyone whose rights have been infringed or denied to apply to a court for a remedy Canadian Human Rights Act 1985; Canadian Charter of Rights and Freedoms in the Constitution Act 1982; Canadian Bill of Rights 1960 24 »» Justice Minister must examine every Bill and instrument and report any inconsistency with human rights to Parliament Parliament No legislative requirement for scrutiny of Bills Courts Must read legislation in a way compatible with human rights United States Constitutional Executive Cannot pass unconstitutional laws Since 1787 United States Constitution Parliament No legislative requirement for scrutiny of Bills Courts No explicit obligations FREE AND EQUAL An Australian conversation on human rights 2019 Limited civil and political rights, based on the ICCPR »» Breach of human rights may provide a ground of judicial review »» Ability to apply to the European Court of Human Rights, if all domestic avenues are exhausted No express legislative cause of action, but developed in common law »» Court can make declaration of incompatibility (no effect on validity; flags that reconsideration by government needed) »» European Court of Human Rights can award any remedies, including damages »» No express legislative remedies, but courts have awarded commonlaw based remedies including damages »» Court can make declaration of inconsistency (no effect on validity; flags that reconsideration by government needed) »» Civil and political rights Standalone, direct cause of action »» Some economic, social and cultural rights (minority language educational rights, language rights) Limited civil and political rights »» Courts can award any remedy, including damages »» Court can invalidate law that is inconsistent with the Charter, unless Parliament has expressly overruled in advance A person can challenge the constitutionality of any law »» A court can award damages as a remedy for the enforcement of constitutional guarantees »» A court can invalidate unconstitutional legislation and executive action FREE AND EQUAL An Australian conversation on human rights 2019 25