Federal government must prioritise national Human Rights Act says Victorian Commissioner

08/10/2009

The Victorian Equal Opportunity and Human Rights Commissioner has called on the federal government to adopt a national Human Rights Act, as recommended by the national human rights consultation committee report released today.

“The Commission applauds the recommendation for a federal Human Rights Act,” said Dr Helen Szoke, Victorian Equal Opportunity and Human Rights Commissioner. ”Australians have given the federal government a clear message that we want and need better protection of human rights at a national level, and this means legislation.”

Dr Szoke congratulated the committee charged with conducting and reporting on the consultation, the most thorough and extensive exercise in participatory democracy of its kind.

According to the committee’s report, over 35, 000 submissions were received, with 87.4 per cent support for a national Human Rights Act.

The report recommends the adoption of a national act, similar to that which has operated in Victoria since January 2008, including a process for the independent scrutiny of proposed laws for compatibility with human rights.

Dr Szoke said that laws that are compatible with human rights, or that clearly justify any limitations placed on rights, means fairer laws that are more likely to work well.

“However, the real power of a Human Rights Act is to promote a culture of rights, resulting in better public service delivery – in areas such as health, education and policing,” said Dr Szoke. “It is a fallacy that a human rights act will give anyone power to do undemocratic things, or that it would lead to a flurry of legal action.”

“In Victoria, we are seeing people use the Charter to gain access to vital services, and to assert their rights to improve public service delivery. This is happening because the Victorian Charter of Human Rights is providing the basis for a practical approach to delivering programs and services to ordinary people, rather than a heavily legalistic approach.”

The Commission also welcomes the committee’s recommendations to improve public education about human rights and responsibilities in Australia.

“We know that human rights education is an important tool for guarding against human rights abuse and creating a broader culture of rights,” said Dr Szoke. “However, the goal of preventing rights abuse from occurring in the first place is best achieved by legislative rights protections in the form of a national Human Rights Act.”

A full copy of the national Human Rights Consultation Report is available http://www.humanrightsconsultation.gov.au