Letter to the Editor of The Australian - Victorian Charter of Human Rights and Responsibilities

05/12/2007

The Australian
From Dr Helen Szoke
Chief Executive Officer
Victorian Equal Opportunity and Human Rights Commission

In her attempts to frame the possible adoption of human rights laws as an ideological battle Janet Albrechtsen (Conservatives must join charter of rights discussions, The Australian pg 14 05/12/2007), persists in perpetuating the myth that a Charter of Human Rights will shift power from parliament to the judiciary.

It is difficult to decide whether this is disingenuous, irresponsible or just plain paranoid.

Surely the protection of human rights is embraced by both sides of the political divide?

If the Victorian experience is any indication, there is nothing to fear from a Charter of Human Rights.

The Victorian Charter, which comes into full effect on January 1 2008, sets out civil and political freedoms, rights and responsibilities in one document.

It essentially compels State and local Government and public bodies to take human rights into account in developing policies and legislation and in delivering services.

This ensures government actions are more transparent and accountable, improves scrutiny of government decisions and promotes increased community participation in public life.

If a law is inconsistent with human rights, the courts cannot strike it down - only to refer it back to Parliament, which must then decide whether to amend the law. Parliament will always have the final say.

While responsibilities are not spelt out in the way Ms Albrechtsen might prefer, the Charter does make explicit reference to the fact that all human rights come with responsibilities and must be exercised in a way that respects the human rights of others.

This is common sense and most Australians know that rights come with responsibilities. For example, we all understand that freedom of expression does not mean it is acceptable to unlawfully attack another person’s reputation.

Victorians were widely consulted before the introduction of the Charter. The Human Rights Consultation Committee participated in 55 community consultation meetings, information sessions and public forums and 75 consultations with government and other bodies.

More than 2,500 written submissions came in from across the community, most of them supportive of a Charter.