Human Rights
In Australia, Human rights are generally respected and recognised. The Human Rights and Equal Opportunity Commission (HREOC) is a national independent statutory body of the Australian government. It has responsibility for the investigation of alleged infringements under Australia's anti-discrimination legislation.
The term "human rights" is a relatively modern invention. It covers three different types of rights under its umbrella:
- The fundamental freedoms or classical civil liberties
- Ethnic and religious rights and
- Socio-economic rights
In countries which have bills of rights there is a basic statement of freedoms subject to permitted abridgement of such freedoms. Freedoms are restricted in the public interest on grounds of national security, to preserve public order, to protect public health, to maintain moral standards, to secure due recognition and respect for the rights and freedoms of others or to meet the just requirements of the general welfare of a democratic society. Although Australia is the only western democracy with no bill of rights, numerous laws have been enacted to protect human rights and the Constitution of Australia has been found to contain certain implied rights by the High Court. However, Australia has been criticised at various times for its immigration policies, treatment of asylum seekers, and treatment of its indigenous population. The absence of a Bill of Rights does not necessarily mean disrespect for human rights.
A Bill for an Act to respect, protect and promote human rights
Preamble
This is an Act to respect, protect and promote human rights in Australia.
Human rights are built upon democracy. In a true democracy human rights are assured.
Human dignity depends upon the free exercise of reason, conscience and belief. When human rights are not respected human dignity is injured.
All people in Australia have the right to pursue their individual purposes without undue, unjust or arbitrary interference from the State. Without respect for human rights human potential is denied expression.
The Universal Declaration of Human Rights proclaims freedom of speech and belief and freedom from fear and want as the highest aspirations of the common people. In this Act, the Parliament of Australia seeks to embed these freedoms and their associated rights and responsibilities in law.
The exercise of human rights implies corresponding responsibilities. It is every individual's responsibility to respect the rights of others, observe the law, engage in useful activity and accept the burdens and sacrifices demanded for the common good.
Recognition of human rights also implies responsibilities for Australian governments. Chief among these is the responsibility is to create the economic, political, social and environmental conditions in which all people may develop their physical, mental and moral capacities.
All people in Australia are entitled to the rights and freedoms set down in this Act without discrimination of any kind. This includes discrimination on the grounds of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or belief, political or other opinion, property, birth, disability, age, sexual orientation or gender identity.