Mandatory minimum sentences will not keep communities safe from acts of hate and racism
The Albanese Government’s mandatory minimum sentences are not the right tool to protect people and communities from acts of hate and racism, says the Human Rights Law Centre.
Every person should live free from hate speech, discrimination and vilification. Political leaders must unequivocally condemn the spate of antisemitic hate crimes in Australia, as well as acts of Islamophobia and anti-Palestinian racism, which are often ignored or negated by politicians. There must be a focus on investigating and addressing the root causes of these incidents of racism.
It is deeply concerning that the Albanese Government is imposing mandatory minimum sentences, which will lead to politicians, instead of courts deciding on punishments, and will disproportionately impact marginalised groups of people. The Australian Law Reform Commission has previously recommended repealing any laws which impose mandatory sentencing for federal offences.
Instead, a human-rights based response is critical in tackling hate speech and discrimination at its roots, including through long-term investment in strengthening community initiatives to address rising racism.
The Human Rights Law Centre’s submission to the Senate Inquiry on Hate Crimes recommended:
Strengthening Section 18C: to prohibit offending, insulting or humiliating on the basis of race, religious belief, sexual orientation, gender identity, and disability.
A uniform Anti-Discrimination Act: to consolidate federal antidiscrimination laws into a single, uniform and modern Anti-Discrimination Act that it is simple, consistent and deals with the intersecting nature of discrimination.
Enacting an Australian Human Rights Act: to ensure that our laws, policies, and service delivery are grounded in minimum human rights standards, in a way that is transparent and truly comprehensive.
Quotes attributable to Sarah Schwartz, Legal Director, Human Rights Law Centre:
“Everyone has a right to live free from racial discrimination and vilification, and a right to be safe to practice their religion and culture.
“There is no evidence that mandatory minimum sentencing does anything to reduce acts of hate, violence, racism or extremism. It does not address hate speech and discrimination at its roots, or make communities safer.
“The Albanese Government has gone against its own party platform and buckled to the
LNP Opposition with knee-jerk amendments for mandatory minimum sentences. Mandatory minimum sentences are not the right tool for addressing the rising scourge of hate crimes and racism in Australia.
“Forcing judges to impose potentially inappropriately harsh sentences could put Australia in breach of Australia's obligations under international human rights law.
"Human rights cannot simply be dispensed with due to political expediency. It is incumbent on all governments, in times of crisis, to tackle racism at its roots by taking a principled approach grounded in evidence and human rights principles.”
Media contact:
Chandi Bates
Media and Communications Manager
Human Rights Law Centre
0430 277 254
chandi.bates@hrlc.org.au