Lexi Webster
Human rights are an inherent part of everyday life in Australia, from drinking clean water to freedom of speech. While Australia does not have a Bill of Rights, human rights are protected by the Australian Constitution, federal laws, and the common law. The Australian Human Rights Commission is responsible for monitoring and promoting human rights protection, investigating alleged infringements, and overseeing the protection of human rights in the country. Australia is also a signatory to the Refugee Convention and has endorsed the Universal Declaration of Human Rights, demonstrating its commitment to upholding human rights both domestically and internationally. Despite these protections, there are ongoing human rights issues in Australia, particularly regarding the treatment of Indigenous Australians and vulnerable groups, highlighting the need for continued efforts to safeguard the rights of all individuals.
| Characteristics | Values |
|---|---|
| Human rights protection in Australian law | Protections for human rights may be found in the Constitution and in legislation passed by the Commonwealth Parliament or State or Territory Parliaments. |
| Australian Human Rights Commission | The Australian Human Rights Commission Act 1986 details the powers and functions of the Australian Human Rights Commission as the Commonwealth agency responsible for monitoring and promoting human rights protection. |
| Treaties | Australia is a signatory to several treaties including the Refugee Convention, the Convention on Economic, Social and Cultural Rights (ICESCR), the Convention on Civil and Political Rights (ICCPR), and the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. |
| Federal laws | Federal laws exist to protect people from discrimination and breaches of human rights, including the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992, and the Age Discrimination Act 1996. |
| State and territory laws | State and territory jurisdictions have laws such as the Victorian Charter that help Australia fulfil its human rights obligations. |
| Common law | Australia's common law provides strong protections for freedom of speech related to public affairs and political matters. |
| Immigration | A component of the Australian immigration program is devoted to providing protection for refugees, and the Special Humanitarian Program offers refuge to people facing substantial discrimination or gross violations of human rights in their home countries. |
| Indigenous rights | The Declaration on the Rights of Indigenous Persons establishes a universal framework of minimum standards for the survival, dignity, and wellbeing of Indigenous peoples. |
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What You'll Learn
Human rights protections in the Australian Constitution
Australia does not have a Bill of Rights, but human rights are protected by the Constitution and legislation passed by the Commonwealth Parliament or State or Territory Parliaments. There are five explicit rights in the Constitution. These include the right to self-determination through a system of responsible government chosen by the people in the form of the Australian Parliament. Section 116 of the Constitution prohibits the Commonwealth from passing laws establishing religion, imposing religious observance, or requiring a religious test for qualification for public office. Section 117 prohibits discrimination on the basis of State residence.
In 1992, the High Court decided that Australia's form of parliamentary democracy, as dictated by the Constitution, requires a degree of freedom for individuals to discuss and debate political issues. The Australian Human Rights Commission Act 1986 details the powers and functions of the Australian Human Rights Commission, which is responsible for monitoring and promoting human rights protection. The Commission also has responsibilities under the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992, and the Age Discrimination Act 1996.
Australia is a signatory to the seven major human rights treaties, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. These treaties set the standards for human rights scrutiny at a national level.
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Federal laws protecting human rights
Australia does not have a Bill of Rights, unlike most similar liberal democracies. Instead, human rights are protected by the Constitution and legislation passed by the Commonwealth Parliament or State or Territory Parliaments. There are five explicit individual rights in the Constitution. Section 116 prohibits the Commonwealth from passing laws establishing religion, imposing religious observance, or requiring a religious test for qualification for public office. Section 117 prohibits discrimination on the basis of State residence. The High Court has also found that additional rights for individuals may be necessarily implied by the language and structure of the Constitution. For example, the Court decided that Australia's form of parliamentary democracy necessarily requires a degree of freedom for individuals to discuss and debate political issues.
There are a number of federal laws that exist to protect people from discrimination and breaches of human rights. These include the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992, and the Age Discrimination Act 1996. The Australian Human Rights Commission Act 1986 details the powers and functions of the Australian Human Rights Commission, which is responsible for monitoring and promoting human rights protection.
Australia is a signatory to the seven major human rights treaties and has signed many other international human rights agreements. These include the Convention on Economic, Social and Cultural Rights (which covers the right to health and the right to education), the Convention on Civil and Political Rights (which protects freedom of speech and freedom from torture), and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. These treaties set the standards for human rights scrutiny at a national level.
Australia has also endorsed non-binding human rights instruments such as the Universal Declaration of Human Rights and the Declaration on the Rights of Indigenous Peoples. When the Australian Government commits to an international human rights treaty, it takes on an obligation to incorporate the treaty into Australian law.
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Human rights treaties and conventions
Australia is a signatory to the seven major human rights treaties and is committed to protecting and promoting human rights and freedoms. These treaties include The International Covenant on Civil and Political Rights, The International Covenant on Economic, Social and Cultural Rights, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Australian Human Rights Commission Act 1986 outlines the responsibilities and powers of the Australian Human Rights Commission, which is tasked with monitoring and promoting human rights protection. The Commission also has responsibilities under various anti-discrimination acts, including the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, and the Disability Discrimination Act 1992.
While Australia does not have a Bill of Rights, human rights are protected by the Australian Constitution and the constitutions of its states and territories. The Australian High Court has also found that additional rights may be implied by the language and structure of the Constitution, such as the right to freedom of political communication.
Australia played an active role in drafting the Universal Declaration of Human Rights (UDHR) and has since endorsed other non-binding human rights instruments. When Australia commits to an international human rights treaty, it takes on the obligation to incorporate that treaty into Australian law. For example, the Convention on the Rights of People with Disabilities can be seen as incorporated into domestic law through the Disability Discrimination Act 1992.
In addition to these measures, Australia is a signatory to the Refugee Convention and offers protection to refugees through its immigration program.
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The Australian Human Rights Commission
The principle of non-discrimination is fundamental to human rights law, and Australia has a strong tradition of respect for the rights and freedoms of every individual. The Australian common law provides particularly strong protections for freedom of speech related to public affairs and political matters. For example, the High Court has found that because the Constitution establishes a representative democracy in Australia, citizens must have an implied right to freedom of political communication.
Despite Australia's strong and proud record on human rights, there are ongoing human rights issues, particularly regarding the Indigenous Australians, who are disproportionately socioeconomically disadvantaged, have shorter life spans, and make up a large number of imprisoned persons. The usage of immigration detention facilities has also been a contentious issue, with critics and human rights groups citing it as a way for Australia to avoid its international human rights obligations.
In addition to the efforts of the Australian Government, the AHRC is responsible for overseeing and reporting on the protection of human rights in Australia. The Commission has developed a model for what a national Human Rights Act might look like and how it could function. This is particularly important because Australia does not have a national Human Rights Act or a Bill of Rights, which means that many core human rights and freedoms may not be adequately protected and promoted at a federal level.
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Human rights and Indigenous Australians
Human rights are protected under the Australian Constitution in several ways. For example, self-determination is protected by the creation of a system of responsible government chosen by the people in the form of the Australian Parliament. However, Australia does not have a Bill of Rights or a national Human Rights Act. Instead, protections for human rights may be found in the Constitution and in legislation passed by the Commonwealth Parliament or State or Territory Parliaments. There are five explicit individual rights in the Constitution.
Indigenous Australians have all the rights set out in the Universal Declaration of Human Rights. Additionally, they have specific rights because of their unique position as the first peoples of their nation. The Declaration on the Rights of Indigenous Persons establishes a universal framework of minimum standards for the survival, dignity, and well-being of Indigenous peoples. This includes their rights to speak and teach their native language and customs, to live on the land of their ancestors, and to look after sacred sites.
Indigenous Australians have the right to own, use, and control their lands, waters, and other resources. Governments shall recognize and protect these lands, waters, and resources. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) confirms that Indigenous peoples have the right to self-determination under international law. This means Australia is obliged to ensure that Indigenous peoples have a say about their social, political, cultural, and economic needs.
The Australian Human Rights Commission (AHRC) is responsible for monitoring and promoting human rights protection. The Commission also has responsibilities under the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992, and the Age Discrimination Act 1996. The principle of non-discrimination is a fundamental one in human rights law—all human rights should be enjoyed by everyone regardless of factors such as race, sex, or disability.
Australia is a signatory to the Refugee Convention, and a component of the Australian immigration program is devoted to providing protection for refugees. Australia is also a party to the seven major human rights treaties: The International Covenant on Civil and Political Rights, The International Covenant on Economic, Social and Cultural Rights, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
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Frequently asked questions
The Australian Constitution protects self-determination by creating a system of responsible government chosen by the people in the form of the Australian Parliament. Section 116 prohibits the Commonwealth from passing laws establishing religion, imposing religious observance, or requiring a religious test for qualification for public office. Section 117 prohibits discrimination on the basis of State residence. The High Court has also found that the Constitution implies a right to freedom of political communication.
Australia does not have a national Human Rights Act. Instead, human rights are protected by a range of laws at the federal, state, and territory levels, including the Victorian Charter of Human Rights and Responsibilities, the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992, and the Age Discrimination Act 1996. The Australian Human Rights Commission Act 1986 details the powers of the Australian Human Rights Commission, which is responsible for monitoring and promoting human rights protection.
Australia is a signatory to the Refugee Convention, and a component of its immigration program is devoted to providing protection for refugees. The Special Humanitarian Program offers refuge to people facing substantial discrimination or gross violations of human rights in their home countries. However, the use of immigration detention facilities has been criticised by human rights groups.
