Australian Charter of Human Rights will be a powerful tool to protect human rights

The Albanese Government must seize the moment to introduce an Australian Charter of Human Rights to guide government decision making, prevent breaches of human rights and provide access to justice, the Charter campaign today told a parliamentary inquiry.

In a submission to the Parliamentary Inquiry into Australia’s Human Rights Framework, the campaign, made up of over 90 organisations including Aboriginal and Torres Strait Islander peoples, people with a disability, women, children, older persons, LGBTIQ+ people, and people from migrant and refugee communities, provided evidence that a Charter will benefit the whole community by:

preventing human rights violations
providing a powerful tool to challenge injustice; and
fostering understanding and respect for human rights

Australia is the only western liberal democracy without a Charter of Human Rights or similar in our laws. A Charter would mean governments must consider people’s human rights when creating new laws and policies, and delivering services – like aged care, Medicare, disability services, and education funding. People could also take action and seek justice if their rights are violated.

The inquiry is due to report back on 31 March 2024.

Quotes attributed to Dr Cassandra Goldie, Australian Council of Social Services:

"People on low incomes are at increased risk of experiencing human rights violations. We urge the Government to introduce a Charter of Human Rights that recognises the interdependence of human rights and income inequality and strengthens social and economic rights."

Quotes attributed to Helen Dalley-Fisher, Convenor of the Equality Rights Alliance:

“From Robodebt to ParentsNext, women have been disproportionately impacted by human rights violations enacted from government policies in Australia. A Charter of Human Rights would protect everyone’s human rights, and ensure government decisions and policies must consider women’s rights. When governments think seriously about women’s human rights we get better policy, which means whole communities benefit.”

Quotes attributed to Nicole Lee, President of People with Disability Australia:

“Every disabled person should have equal access to human rights just like everyone else in our society, such as an inclusive education alongside our peers, quality health and mental health care, and dignified treatment that involves upholding our choices. Yet we have a Royal Commission’s worth of stories of systemic human rights failures endured by disabled people. That’s why we need enforceable human rights protections at the heart of our laws through a Charter of Human Rights so that disabled people can participate equally in all aspects of Australian life.”

Quotes attributed to Caitlin Reiger, CEO of the Human Rights Law Centre:

“The Albanese Government can make Australia a fairer and more equitable place by introducing an Australian Charter of Human Rights. The Charter will place the values we all share – like fairness, respect, dignity and compassion – at the heart of all government decisions, laws and policies.

“For too long, people in Australia whose human rights have been violated have been unable to take effective action. Numerous Royal Commissions have highlighted repeated and widespread examples of human rights breaches particularly in the aged care sector and for people with disability. The Charter will give people power to take action if their rights are breached.”

Read the Charter campaign submission to the Parliamentary Inquiry into Australia’s Human Rights Framework here

Background

Charters of Human Rights promote respect for human rights and give people power to take action if their rights are breached.

In Australia, Queensland (2019), Victoria (2006) and ACT (2004) all have protected human rights through charters of human rights. Recently, the “101 Cases” report and website highlighted 101 examples of people’s rights being protected by the Charters of Rights that exist in the ACT, Victoria and Queensland. Read the 101 cases here