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Australian States and Territories
Other Countries: International Comparisons
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International Resource page
Australian States and Territories
The past few years have seen significant advances in the protection of human rights at a state and territory level:
The ACT
The ACT enacted Australias first Bill of Rights in March 2004
Human Rights Act 2004; the home page for all ACT legislation, with links through to the Human Rights Act.
ACT Human Rights Office; this site explains the functions of the ACT HRO and contains links to related sites.
Victoria
Next came Victoria, where the the first state bill of rights, the Victorian Charter of Rights and Responsibilities, passed by the Victorian parliament on July 25, 2006 after extensive community consultations.
For full background to this legislation and details of the charter refer to the Victorian Dept. of Justice Website
Tasmania
Tasmania moved a step closer, with the publication of the Tasmanian Law Reform Institutes report on October 12, 2007 “A Charter of Human Rights”. The government subsequently decided to postpone taking any action pending the outcomes of the proposed Federal government consultations on human rights and responsibilites.
The new Attorney General, Laura Giddings issued a press release on October 6, 2008 welcoming debate on a Charter of Rights for Tasmania but did not commit to any concrete initiatives to progress this debate. The Greg Barnes piece “Our rights are under threat” in The Mercury (October 7, 2008) provided a timely update. More:
A copy of the Law Reform Institute report, whose key recommendations include a legislative Charter of Human Rights incorporating economic, social and cultural rights as well as political and civil rights, can be downloaded from www.law.utas.edu.au/reform/
Western Australia
In West Australia, the Consultative Committee for a Proposed Human Rights Act, set up by the state Attorney General to advise the government, issued its final report in November, 2007.
The Committee reported that while there were conflicting views, there was clear majority support for a WA Human Rights Act and the Committee recommend that a Human Rights Act be enacted in Western Australia. For full details refer to the Committee’s Final Report
The then WA attorney general initially welcomed the report but like his Tasmanian counterpart but then decided to postpone taking any action pending the outcomes of the proposed Federal government consultations on human rights and responsibilites.
With the subsesquent change of government in Western Australia in late 2008 it appears unlikely that there will be any action soon on state human rights legislation.
NSW and Queensland and South Australia
In the absence of any government action in these states, (actually the NSW Attorney General is very actively campaigning against any human rights legislation!) community based groups launched state-based campaigns aimed at stimulating public debate into human rights protection and ultimately securing similar consultative processes as have taken place in the other states.
The Human Rights Act for Australia campaign supports these initiatives which if successful will help ensure that much needed added protection for human rights is provided in relation to State laws. They also help educate people about human rights and demonstrate that many of the criticisms leveled at Human Rights Acts are unfounded.
For details of these state campaigns refer to:
http://www.nswcharterofhumanrights.org/
http://www.humanrightscoalition.org.au
For links to organisations actively promoting human rights in Australia and internationally please visit More Human Rights Links
Other Countries: International Comparisons
Australia is the only western country which, as yet, does not enjoy the protection of a Human Rights Act or a constitutional equivalent. We are therefore in the fortunate position of being able to learn from experience in other parts of the world.
The process presently underway in regard to enacting human rights legislation in Northern Ireland is particularly informative.
In preparing the model Human Rights Bill, the Human Rights Act for Australia campaign carefully researched legislation in other nations that have introduced human rights acts since Canada adopted rights protections in 1982.
United States Of America
Bill of Rights 1791
The Bill of Rights in the United States comprises the first ten amendments to the U.S. Constitution. These were adopted together as one unit on 15 December 1791 and have been added to on several occasions since then so that there are now 27 amendments. They represent legally enforceable limits on the power of governments and legislatures in the USA.
United Kingdom
The United Kingdom Human Rights Act 1998 brought into UK Statutory Law the rights and freedoms guaranteed in the European Convention on Human Rights. The provisions of the Act are enforceable through the courts.
Canada
Canadian Human Rights Act 1985 prohibits discrimination on the grounds of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and pardoned conviction.
Canadian Human Rights Commission site gives information on the Commission and its work, and contains links to many related sites.
New Zealand
Human Rights Act 1993, passed by the New Zealand parliament on September 3, 2007
New Zealand Human Rights Commission site gives an overview of the Human Rights Act in New Zealand and explains the system of human rights operating in the country.
South Africa
Bill of Rights 1996 is part of the South African Constitution, recording the individual rights and freedoms of all South Africans.
South African Human Rights Commission describing its functions and work.
Northern Ireland
The Northern Ireland Human Rights Commission is required by statute to advise the Secretary of State on the scope for defining, in a Bill of Rights for Northern Ireland to be enacted by Westminister legislation, rights supplementary to those in the European Convention on Human Rights.
The Belfast (Good Friday) Agreement 1998 states that the Bill should reflect the particular circumstances of Northern Ireland, drawing as appropriate on international instruments and experience.
The Human Rghts Commission presented its report: Advice on a Bill of Rights for Northern Ireland, to the Government on International Human Rights Day, 10 December 2008.
The United Nations
Universal Declaration of Human Rights
The Universal Declaration of Human Rights was approved by the General Assembly of the United Nations in 1948. The Declaration contains 30 Articles which set out universal rights and freedoms for all individuals.
International Covenant on Economic, Social and Cultural Rights (CESCR)
CESCR entered into force in 1976 and now has 66 signatories. It was signed and ratified by Australia in 1975.
International Covenant on Civil and Political Rights (CCPR)
CCPR entered into force in 1976 and now has 67 signatories. It was signed by Australia in 1972 and ratified in 1980.
International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
CERD entered into force in 1969 and now has 84 signatories. It was signed by Australia in 1966 and ratified in 1975.
International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
CEDAW entered into force in 1971 and now has 98 signatories. It was signed by Australia in 1980 and ratified in 1983.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
CAT entered into force in 1987 and now has 74 signatories. It was signed by Australia in 1985 and ratified in 1989.
Convention on the Rights of the Child (CRC)
CRC entered into force in 1990 and now has 140 signatories. It was signed and ratified by Australia in 1990.
Office of the United Nations High Commissioner for Human Rights
Click here for the home page of the High Commission web site. It contains links to the various committees which administer conventions and covenants, as well as other reports and information on current issues.
European Union
European Convention on Human Rights
Originally approved under the auspices of the Council of Europe, the Convention came into force in 1953. 45 European countries have now ratified the Convention.
Faith in Human Rights. The International Inter-religious Conference Faith in Human Rights is an initiative of the Municipality of The Hague and supported by the Netherlands Ministry of Foreign Affairs.
On December 10th 2008, on the 60th anniversary of the Universal Declaration of Human Rights in the Peace Palace, The Hague, the Netherlands, in the presence of Her Majesty Queen Beatrix of the Netherlands, high-ranking religious leaders representing the world religions and spiritual traditions, signed the Statement Faith in Human Rights.
Local Australian Resource Pages
Australian Human Rights Commission
The Human Rights and Equal Opportunity Commission is a national independent statutory government body, established in 1986 by an Act of the federal Parliament, the Human Rights and Equal Opportunity Commission Act. The federal Attorney General is the Minister responsible in Parliament for the Commission.
The AHRC has initiated several activities around the National Human Rights Consultation:
- To help organisations and individuals get involved in the National Consultation process, the Australian Human Rights Commission has produced a toolkit: Let’s talk about rights. They have also produced a toolkit for children and young people.
- The Commission yesterday launched a Facebook page.
- The Commission is hosting a series of workshops around the country.
The Gilbert + Tobin Centre of Public Law
The G+T Centre for Public Law maintains an excellent Bill of Rights resource page. Among the topics covered are arguments for and against, bills of responsibilities, a comparative study of international bills of rights, and history of bills of rights in Australia.
Public Interest Advocacy Centre (PIAC)
PIAC is currently running a campaign called Protecting Human Rights in Australia. It aims to raise awareness about human rights and to provide training to groups so that they can train others. Their website contains a number of case studies that demonstarte the importance of human rights.
NSW Council for Civil Liberties
The NSW Council for Civil Liberties supports a constitutionally-entrenched federal Bill of Rights for all Australians. The Council also supports the interim measure of instituting a statutory Human Rights Act: to encourage a rights culture in Australian. They have a range of resources on this issue.
Australian Lawyers for Human Rights
ALHR is a network of Australian lawyers active in practising and promoting awareness of international human rights standards in Australia. Through training, information, submissions and networking, ALHR promotes the practice of human rights law in Australia. ALHR has extensive experience and expertise in the principles and practice of international law, and human rights law in Australia.
The Human Rights Law Resource Centre
The Human Rights Law Resource Centre Ltd (’HRLRC’) aims to promote human rights in Victoria and Australia, particularly the human rights of people that are disadvantaged or living in poverty, through the practice of law. The HRLRC seeks to achieve this aim by undertaking and supporting the provision of legal services, litigation, education, training, research and advocacy regarding human rights.
Parliament of Australia Parliamentary Library
This guide contains links to Internet resources and documents in the area of federal civil and human rights law, as well as providing links to other guides and directories which contain material on State and Territory & overseas law. Especially see
ACT Human Rights Act Research Project The ACT Human Rights Act Research Project is a joint project of the ANU and the ACT Government, supported by a grant from the Australian Research Council. The project will document the impact of Australia’s first Bill of Rights - the ACT Human Rights Act 2004 - over its first five years.
Amnesty International Australia
GetUp!
Action Australia
Chilout
Campaign to keep children out of immigration detention
Law Council of Australia; A Charter of Bill of Rights: Questions & Answers
Federation of Community Legal Centres; 10 Reasons why we need a Bill of Human Rights in Australia
Edmund Rice Centre
The Edmund Rice Centre is involved in a range of projects and activities across the four areas of its operation in research, community education, advocacy and networking
Rights Australia
Campaigns for more effective protection of human rights in Australia
A Just Australia
A Just Australia is a national campaign for just policies and programs for refugees and asylum seekers, coordinated by national policy lobby group, Australians for Just Refugee Programs Inc.
UnitingJustice Australia UnitingJustice Australia has produced a suite of resources for Human Rights Day on December 10, 2009. Some are particularly relevant for a Christian context and others more general.
They include information resources about the origins of the United Nations and Human Rights Day, the Universal Declaration of Human Rights, human rights in Australia and particular human rights issues such as poverty, the death penalty and climate change.
The Australian Human Rights Register. Facilitated by the Catholic Commission for Justice, Development & Peace, Melbourne, this is an annual Non Government Organisation audit of Human rights developments.
The Register records individual reports and accounts of developments and violations and analyses them in the light of the human rights conventions that Australia has ratified. It focuses on individual instances within Australia and contains reports from community legal centres, non-government organisations and the national media.
International resource pages
The UK Equality and Human Rights Commission has just released its report “Developing a Bill of Rights for the UK” in which it considers possible paths towards human rights law reform in the UK, taking into account the experiences elsewhere (including Australia).
The Department for Constitutional Affairs
Department for Constitutional Affairs is responsible for the UK Human Rights Act 1998 and development of human rights policy generally.
The British Institute of Human Rights
The British Institute of Human Rights (BIHR) is an independent charity based in London which raises awareness and understanding about the importance of human rights.
The Human Rights Act - Changing Lives: Ten years on from the introduction of the Human Rights Act, a second “Changing Lives”report from the British Institute of Human Rights continues to challenge the perception that the law is being used solely by criminals or celebrities.
The case studies in this new second edition of Changing Lives continue to illustrate the added value of the Human Rights Act, its ideas and language. They demonstrate that ordinary people going about their day-to-day lives are benefi ting from the law, without resorting to the
law.
JUSTICE was founded in 1957, following the visit of a group of British lawyers to observe treason trials in South Africa and Hungary. It was set up to promote the rule of law and to assist the fair administration of justice. It is the British section of the International Commission of Jurists. Link:
Of particular interest, in the context also of the growing Australian debate on human rights is their recently released report “A British Bill of Rights - Informing the debate”
Liberty is one of the UK’s leading human rights and civil liberties organisations. It was founded as the National Council for Civil Liberties in 1934 and has campaigned for equal rights for over 70 years. The Liberty Guide to Human Rights explains the relevance of the Human righs Act 1998 and its impact in many different areas of law.
Human Rights Watch Founded in 1978, Human Rights Watch is an independent NGO, dedicated to preventing discrimination, upholding political freedom, protecting people from inhumane conduct in wartime, bringing offenders to justice, and investigating and exposing human rights violations around the world.
Amnesty International
Amnesty International (AI) is a worldwide movement of people who campaign for internationally recognised human rights. Links to all AI groups worldwide are available on this website.
Please email us if you know of any other useful links we could add to this site.
