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Introduce a Federal Human Rights Act

Updated: Aug 26

Download the 1-page policy brief PDF here:

Reported by: Madison Purkis, Lucy Skelton, Connor Wright & Marie Dovermann Publish date: 8/7/24

Problem Identification:

In many cases, individuals whose human rights have been breached have no avenue to pursue a legal remedy.

In 2022, the Australian Human Rights Commission (AHRC) said, “currently, there are very limited options for people to gain redress for human rights abuses, both formally and informally.”

This means that if a person’s human rights are breached in Australia, there may not be a pathway to enable them to seek and receive justice. This acutely affects vulnerable and marginalised groups.

Context:

Australia has a patchwork legal framework of human rights protections. The rights that are protected are located in scattered pieces of legislation, the Constitution and Common Law. It has been described by the AHRC as, “incomplete and piecemeal”.

Human Rights Acts have been operating since 2004 in Australia, and have been passed in Victoria, the Australian Capital Territory and Queensland. Thus, without an overarching federal instrument, a person’s access to rights protections is wholly contingent on where they live.

Human Rights Acts have operated in Australia since 2004 on a state level in Victoria, the ACT, and Queensland. Without an overarching federal instrument individual’s access to human rights protections is wholly contingent on where they live.

Australia is a party to the 7 core international human rights treaties, such as the Universal Declaration of Human Rights. However, UN Treaty bodies have consistently determined that these fundamental treaties have not been sufficiently integrated into Australia's legal framework.

Australia is the only liberal democracy in the world that does not have a national act, or charter of rights that explains what people’s basic rights are, and how they can be protected. Human rights obligations are attributed to assisting countries in achieving greater substantive equality and enhancing their resilience to crises.

In 2022, the AHRC proposed a model that includes 28 rights including the right to education, an adequate standard of living, a healthy environment, to work and more. The model incorporates rights derived from the ICCPR and the ICESCR. The AHRC shared that when formulating the wording of these rights, the Commission took into account current state and territory human rights instruments, and Australia’s specific constitutional and federal structure. Models such as this have been applauded by the United Nations Office of the High Commissioner.

The 2024 May report of the Inquiry into Australia's Human Rights Framework recommends “that the government introduce legislation to establish a Human Rights Act” and that it should broadly reflect the AHRC model. This recommendation follows Australian public opinion with reportedly 73% of Australians supporting a Human Rights Act.

Solution Identification:

Introduce legislation for a Federal Human Rights Act using the AHRC model outlined in their 2022 position paper.

This would create legal protections for the human rights of all Australians, and ways to seek justice if people’s rights are breached in some way. Thus, anchoring the promotion and protection of human rights in Australia.

Advice:

The Attorney General should introduce legislation for a Federal Human Rights Act following the AHRC model at the next opportunity.

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If your organisation would like to add your support to this paper please email Info@foreaustralia.com

If you have any ammendment suggestions please reach out to Info@foreaustralia.com

Reference list:

Introduce a Federal Human Rights Act

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