A human rights charter at work : the Victorian experience

The following letter by Helen Szoke, Chief Executive Officer, Victorian Equal Opportunity and Human Rights Commission, in edited form, was published in the Sunday Herald-Sun, 1/02/2009.

Contrary to recent media claims that, 12 months on, the Victorian Charter of Human Rights and Responsibilities has been hijacked by criminals, the Victorian Equal Opportunity and Human Rights Commission can say that the Charter is proving to be an effective tool for promoting and protecting the rights of ordinary people in our community, and making for better government.

In one case, a move to relocate several young people with acquired brain injuries to aged care facilities was stalled when advocates caused the hospital to consider its obligations under the Charter.

Advocates for a woman with a brain injury obtained funding for her medical treatment, thus avoiding the painful and costly deterioration of her health.

A family with a young child has been saved from homelessness when advocates showed how the ‘notice to vacate’ limited the family’s human rights.

Members of a local community have successfully challenged their council’s community plan because it failed to consider the human rights of residents. The council has reviewed its decision-making processes, and considered equality and accessibility in service delivery and facilities.

These examples show that the Charter, and the rights it promotes and protects, means something. That everyone has the right to recognition and equality before the law, protection from cruel, inhuman or degrading treatment, to privacy and reputation, the right to liberty and security.

The government is also accountable to undertake its responsibilities under the Charter, to conduct itself with respect for the human rights of all Victorians.

The Charter is proving to be a valuable tool for claiming and delivering human rights in our democracy.

Helen Szoke, Chief Executive Officer, Victorian Equal Opportunity and Human Rights Commission