What Kind of Rights Would an Australian Human Rights Act cover?
Human rights are a clear set of minimum legal standards that provide a guiding compass so that every person can live a life with dignity and freedom. A Human Rights Act would cover your economic, social, and cultural rights, which are essential for a person’s well-being and development. It would also cover rights regarding your freedoms and ensure your right to participate in civic life.
This includes:
Right to Life: Protection against arbitrary deprivation of life.
Right to Liberty and Security: Safeguards against unlawful detention and arrest.
Right to a Fair Trial: Ensures the right to a public hearing, legal representation, and a fair process.
Freedom of Expression: Protects the right to express opinions and seek information without censorship.
Freedom of Assembly and Association: Guarantees the right to gather peacefully and form associations, including trade unions and political parties.
Right to Work: The right to gain a living through work and to enjoy just and favourable conditions of employment.
Right to Education: Ensures access to free and quality primary education and the availability of secondary and higher education.
Right to Health: Access to adequate healthcare services and the underlying determinants of health.
Right to Adequate Standard of Living: Protection against poverty, with access to adequate food, housing, and social security.
Everyone benefits from a Human Rights Act, but marginalised groups benefit more because they have a greater need to rely on human rights standards due to systemic barriers they have to face. This could include:
Aboriginal and Torres Strait Islander peoples: including cultural rights and self-determination.
People with disability: Ensuring appropriate access to education, health, and other services for people with disability.
Children: Safeguarding the rights of children to protection, education, and participation in decisions affecting them.
A Human Rights Act could also include provisions for environmental rights, in particular A Right to a Healthy Environment to protect against environmental harm and degradation, and ensure people can enjoy a safe and clean environment.
In an era where personal data is increasingly vulnerable, a Human Rights Act could safeguard:
Right to Privacy: Protection against arbitrary interference with personal and family life, including privacy in communication and data protection.
Rights to Non-Discrimination and Equality: A comprehensive Human Rights Act would emphasize non-discrimination and equality by including a Right to Equality Before the Law so that everyone should be treated equally regardless of their personal attributes like age, race, disability, faith, gender, gender identity, sexual orientation, or colour.
Conclusion
A Human Rights Act in Australia would benefit everyone in our community by ensuring everyone can rely on a broad range of rights focused on dignity, freedom, and well-being of all individuals. By enshrining civil, political, economic, social, and cultural rights, along with protections for marginalised groups and environmental considerations, such an Act would represent a significant advancement in promoting human rights across the nation.
As Australia continues to engage in discussions about the need for a Human Rights Act, understanding the types of rights it should put at the heart of our laws is essential for fostering a more just and equitable society. By recognising and advocating for these rights, Australians can contribute to a future where everyone is empowered to enjoy their freedoms fully and equally.