Australia is the only liberal democracy without a Human Rights Act – that could finally change
OPINION | Human Rights Act
For too long, Australia’s human rights laws have not been fit-for-purpose. For the first time since 2010, there are signs of change.
By Caitlin Reiger CEO
Human Rights Law Centre
Human rights belong to all of us, simply by virtue of being human, no matter who we are, regardless of what life’s lottery has thrown at us.
Human rights are a clear set of minimum legal standards that provide a guiding compass so that every person can live a life with dignity and freedom.
Recognition of, and respect for, our human rights is fundamental to Australia’s peace and prosperity, and reinforces the strength and inclusivity of our democracy.
Yet Australia is the only western liberal democracy still without unambiguous legal protection of human rights. A Human Rights Act is the missing piece at the heart of our legal and political system.
Right now, while every person has human rights, some people in Australia enjoy those rights more than others, based on where they live, or whether a specific law exists for them.
For too long, Australia’s human rights framework has not been fit-for-purpose. Our current legal protections are complicated and patchy, leaving large gaps. For most people the laws are poorly understood and difficult to access, while for governments, they are hard to follow.
Australia’s legal system also struggles to prioritise and strike the right balance between people’s rights when they come into tension. We saw this during the pandemic and more recently, the ongoing debates around hate speech and religious discrimination.
For the first time since 2010, there are signs of change.
The Parliamentary Joint Committee on Human Rights last week released its report into Australia’s Human Rights Framework. The key recommendation is that Australia should adopt a Federal Human Rights Act.
This would fill a long-overdue gap in our systems and put the law in the hands of ordinary people. A legislated Australian Human Rights Act is the missing foundational piece in Australia’s laws. It would require governments and public decisions to consider people’s human rights when creating new laws and policies, and delivering services – like aged care, Medicare, disability services, and education funding.
For too long, we have seen how some people’s rights are hidden, forgotten or disregarded. While some individuals can use the courts, the media or access to power to raise injustices when they occur, decades of Royal Commissions paint a different picture.
We’ve heard thousands of stories of harm experienced by older people in care, people with disabilities, those affected by Aboriginal deaths in custody, and more recently Robodebt. These scandals reveal cultures of neglect and the failure of our systems to protect the basic rights for so many in the Australian community.
When some people’s rights are ignored, we are all more vulnerable.
By putting human rights considerations at the heart of government policies and decisions, an Australian Human Rights Act will help prevent human rights violations and ensure governments are held accountable.
A Human Rights Act will be a shield, providing people with a safeguard to take action and seek justice if their rights are being violated.
Evidence from the states and territories in Australia that already have Human Rights Acts show how these laws make a practical difference to people’s everyday lives.
For a family violence survivor avoiding eviction, to a child able to keep learning, to a faith group able to build a safe place of worship, to an injured person receiving urgent medical care, a legislated Human Rights Act will protect what we all deserve: access to education, healthcare, safe housing, freedom of expression and freedom to live free from discrimination.
Our world will continue to face persistent and emerging threats, and those who are already vulnerable will overwhelmingly bear the brunt, whether of the climate crisis, cost-of-living pressures or new technologies.
While a Human Rights Act won’t solve everything, it will mean our Australian society is far better placed to face these challenges together, with our shared humanity equally protected at the heart of national responses to crisis.
There is widespread community support for a Human Rights Act, with the idea supported by three in four people in Australia and only three per cent opposed, in recent polling released by Amnesty International.
With the parliamentary inquiry’s work done, now is the time for the Albanese Government to seize the moment and create a fairer future for every person in Australia.
Caitlin Reiger is the CEO of the Human Rights Law Centre.