A bill of rights is now tantalisingly close
A bill of rights is now tantalisingly close
Martyn Goddard

A bill of rights is now tantalisingly close

Australia is the only western liberal democracy without a mandated charter of human rights. It’s now closer than at any time in 40 years.

There are certain basic rights that are essential in any liberal democracy and, without them, a country is neither liberal nor a democracy. They include habeas corpus, free speech, the right to peaceably assemble, to form organisations (including unions), and the right of access to healthcare, shelter, education and personal safety.

But in Australia, those rights rest on a legal and constitutional framework that is unclear, tentative and potentially ambiguous. We depend instead on a set of legal precedents, international documents and unwritten conventions, few of which are effectively binding.

That could be about to change. A joint parliamentary committee has just released a draft bill for a Human Rights Act that would allow Australia to become, finally, a full member of the club of western democracies.

Read the full article.

 

For more from Pearls and Irritations on this topic:

Our human rights are fundamental to our chances of peace

Constitutional enshrinement of rights through a federal Human Rights Act is essential.

A Human Rights Act for Australia

In 2005 we commenced a campaign for a Human Rights Act for Australia. In 2009 as part of our campaign a Bill was drafted to respect, protect and promote Human Rights for Australia. This model Bill formed the core of our groups submission to the National Human Rights Consultation, chaired by Frank Brennan SJ OA. Unfortunately the Rudd Government rejected the proposed Human Rights Act. Will Attorney General Mark Dreyfus and the Albanese government once more take up the challenge of reform?

FRANK BRENNAN. We need a Bill of Rights

As Attorney General Lionel Bowen dedicated a lot of time and energy to a Bill of Rights. He introduced legislation which was doomed. But he outlined the principles for an Australian Human Rights Bill espousing the preconditions for the common good in contemporary Australia. He told Parliament:

The views expressed in this article may or may not reflect those of Pearls and Irritations.

Martyn Goddard

Martyn Goddard is a public policy analyst specialising in health and state government funding. He was a member of the Australian Council on AIDS and Related Diseases and its clinical subcommittee; as well as the Pharmaceutical Benefits Advisory Committee. He also served as a health policy officer at the Australian Consumers’ Association (Choice).