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Human Rights

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Human Rights: What are they and why are they important

Human rights are the basic entitlements that belong to all of us just because we are human beings.

Everyone has the same human rights entitlements; men, women and children, rich and poor, black and white, all nationalities and faiths.

Every culture and major religion of the world recognises human rights in some form. For example the Christian commandment Thou shalt not kill, is an expression of the right to life that is also recognised by all religions and governments of the world.

Free and fair elections, free speech, the right to work and the right to live free from discrimination on the basis of sex, race or religion are other examples of entitlements we call human rights.

To respect someone's human rights means that you value another person as a fellow member of the human race rather than judge them on their appearance, background, race or gender. To respect human rights means that you believe everyone should live free from discrimination and have equal opportunity. This does not mean that differences among people should be ignored but that we agree to treat people equally, fairly and reasonably regardless of our differences.

However human rights are meaningless without corresponding responsibilities. It has been said that your right to swing your arm ends where another person's nose begins.

Our right to life carries the responsibility not to kill. Our right to free speech carries the responsibility to let others speak.

Many human rights have been agreed to internationally and recorded by the United Nations. Usually when we talk about human rights we talk about those rights that are protected by international human rights conventions, or agreements, through the United Nations. The Universal Declaration of Human Rights, adopted in 1948, forms the basis of these documents.

The Universal Declaration of Human Rights is not a legally binding document, it is more like a promise that countries make to each other and their citizens. The agreements (conventions) that stem from the Declaration are legally binding because countries, including Australia, have signed them. In signing the agreements each country guarantees certain rights to people within its borders.

Basically international human rights laws outline what governments can do to us, can't do to us and should do for us. For example governments should not torture people or invade their privacy and governments should ensure that everyone has shelter, food, medical care and basic education.

Our human rights entitlements include:

The formal recognition of Human Rights aims to protect people from injustice and allow everyone to participate in and contribute to society. For example, everyone has the right to vote. International human rights laws give us a code to live by, because as humans we agree that freedom, justice and peace are the basic values we all share regardless of who we are and where we come from. These laws aim to ensure that we don't descend into barbaric acts of tyranny and oppression.

People still have human rights even when the laws of their countries do not recognise them, or even violate them. For example in countries where slavery is practiced, people who are enslaved still have rights even though they are being violated.

Even though human rights exist as a birthright, to be effective they need to be accepted by everyone and enforced. On an international level human rights enforcement happens through the UN. However at a local level, enforcing human rights is everyone's responsibility from the government, courts, police and human rights agencies to schools, hospitals and workplaces. Our own awareness and respect for human rights is one of the most important ways to enforce them.

In Australia we do not have in our Constitution or in legislation, a comprehensive statement of our human rights and responsibilities. However we do have criminal and civil laws that protect our human rights. For example, theft is against the law, recognising the right not to be deprived arbitrarily of our property. Education up to a certain age is compulsory, recognising the entitlement to education.

In Victoria many human rights are protected under the Equal Opportunity Act which makes discrimination against the law. It is against the law to discriminate against someone or treat them unfairly because of their race, religion, sex, age, sexual orientation, marital status and several other personal characteristics.

Australia's record on human rights is comparatively good although we cannot be proud of our beginnings. The very first policy law of the first Federal Parliament was the White Australia Policy.

The Australian government violated the human rights of Aboriginal people in many ways including the restriction of movement. Until 1967 Aboriginal people were not allowed access to public places such as pubs, swimming pools and public transport. Aboriginal people experienced widespread discrimination and inequalities for many years. Much of this discrimination was through laws set up to prevent Aboriginal people from participating in society as equals. These laws, practices and attitudes have had economic, social, psychological and political consequences that we are still witnessing today.

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Why are human rights important?

In many poor, war ravaged countries the most basic human rights are often abused so there is a tendency among people in developed countries like Australia to assume that the protection of our entitlements is less relevant because we are lucky enough to live in a free and democratic country.

However democracies like Australia have a responsibility to remain vigilant and ensure that everyone's human rights entitlements are protected all the time. This is a challenge for democracies because we must balance representing the will of the majority with protecting the interests of minorities. But ignoring the entitlements of one group does impact on the community as a whole. It is a little like ignoring a leak because it is on the other person's side of the boat.

Sometimes it's difficult for ordinary Australians who have never experienced racism or sexual harassment or negotiating a wheelchair to really appreciate just how difficult the world can be. In a rich country like Australia it's easy for people to believe that human rights abuses do not occur. Unfortunately this is not the reality for many people who suffer from discrimination or harassment every day. People are still discriminated against because of their age, their sex, their race, their religion or their disability.

However Australians do care about human rights because we believe in a fair go and in looking after those who are less fortunate than ourselves. Surveys have shown that Australians value human rights highly. Research carried out by Swinburne University of Technology's Institute for Social Research found that when asked to rank 27 possible constitutional provisions in order of importance, the guarantee of basic human rights for all Australian citizens was ranked the highest. The establishment of fairness, equal opportunity and justice for all was ranked fifth.

But human rights are not important just because they appeal to the Australian sense of the fair go.

People lose jobs, drop out of school, become depressed, stop participating in sport or social activities, and/or become resentful towards the majority when they are denied their entitlements. In short discrimination and harassment causes harm and results in isolation. This means not everyone is able to enjoy full and equal participation in society, which is the intention of an open and multicultural democracy.

Ultimately, neglecting human rights costs money. Slowly governments and businesses around the world are becoming aware of the importance of respecting and protecting our entitlements. They realise that a poor human rights record has consequences such as economic sanctions and consumer and trade embargoes.

But while such penalties are reserved for those countries and businesses with the worst human rights abuses, countries like the United States, Great Britain and Australia also face cost burdens associated with poor human rights protection. This is seen most clearly in the impact of entrenched racism. For example the impact and costs of racism in the community is ultimately reflected in the costs to the criminal justice system, seen most obviously in the imprisonment rates of Indigenous Australians. In spite of the reports and recommendations of important national inquiries including the Royal Commission into Aboriginal Deaths in Custody and the National Inquiry into the Removal of Indigenous Children, Indigenous people continue to be imprisoned at much higher rates than other Australians.

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Discrimination: a matter of life and death

Another example of the impact of human rights violation or neglect can be seen in the health effects of racism. More and more research is starting to point to physical and mental health problems associated with the experience of racism.

Recent UK research found that victims of discrimination are more likely to have high blood pressure, anxiety, depression, psychosis or a long-term debilitating illness.

Those on the receiving end of racism also face:

A US survey released in March 2002 found that non-white Americans did not fare as well as white Americans when it came to effective patient-doctor communication, overcoming cultural and language barriers and access to health care and health insurance.

African Americans, Asian Americans and Hispanics were found to be more likely to have health problems than whites. For example African Americans aged 50 and older are more likely to have been diagnosed with chronic disease and conditions such as high blood pressure, heart attack, cancer, diabetes, anxiety, depression, obesity and asthma.

In Australia there are also clear differences in the health of different groups of people with Indigenous Australians among the worse off.

Victorian Aboriginal men and women, for example, have a life expectancy which is up to 18 years lower than the State average. Cardiovascular disease (including heart disease), respiratory diseases (including pneumonia, asthma and emphysema), injuries (including traffic accidents, suicides and homicides) and diabetes contribute to the high rates of illness and death among Aboriginal people.

The poor health experiences of minority races are not the result of biological or genetic factors but of social, political and economic inequities.

Compared to other Australians, Indigenous Australians are disadvantaged socially and economically. They are disadvantaged in education, income and housing and are more likely to use drugs and other harmful substances. These disadvantages probably impact on their nutrition as well.

It is well known that poverty is associated with higher rates of disease and death. For example, around the world, lower income and lower education increasingly translate into higher rates of smoking and higher probability of dying from it. And people from racial minorities are more likely to be poor.

Poverty and racism are also linked to poorer mental health. Racism is thought to affect the mental health of people in three ways:

  1. People begin to believe the racial stereotypes directed towards them. This affects their self-esteem and their ability to relate to others.
  2. Entrenched racism and discrimination by institutions leads people to poverty, crime and violence, which can affect mental health.
  3. Racism and discrimination are stressful events that can lead to mental health problems.

Poverty also exposes people to stressful events such as unemployment and violence. Also people with mental health problems are more likely to experience poverty because they find it difficult to hold down a job and engage in society.

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The way forward

While it is difficult to estimate the costs associated with treating people with illnesses caused by racism or any other human rights abuse, this work needs to be done if we are to move forward. Research needs to be undertaken to determine just how much discrimination and other human rights abuses cost us as a community. Putting a dollar value on the effects of human rights abuse and neglect is a powerful way to get the attention of governments, business and the entire community and commit us all to take action.

We must also develop strategies to address the cause of racism and other forms of discrimination; the negative attitudes and behaviour that prevent other people from enjoying their human rights entitlements.

We can learn much from successful health programs such as QUIT and SunSmart, which have changed our attitudes and behaviours in relation to smoking and sun exposure through comprehensive and long term action that has included:

The Australian Football League's anti-racism program also successfully combined changes to rules and regulations, community education and mass media to address the problem of racism among football players.

A similar program of action could focus on changing negative attitudes and behaviours towards women, people from different racial backgrounds and people with disabilities for example. Laws could be passed to ensure a greater focus on human rights entitlements across government departments and businesses. Schools could include human rights education as part of the curriculum and mass media campaigns could be used to increase the community's understanding of their human rights entitlements and responsibilities.

If we are to minimise the costs of human rights neglect and grow and develop as a community that truly respects one another we need to commit to action. It is clear that only a comprehensive and effective whole-of-government strategy is required to address not only the problems caused by human rights violations but the attitudes that lead to violations as well.

 

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