26 September 2023

Human Rights paper to right the wrongs

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The Australian Human Rights Commission (AHRC) has released a discussion paper on the need for reforms to Australia’s human rights laws and entitlements.

Launched by the President of the Commission, Rosalind Croucher, the paper maintains that Australia’s human rights policies and laws are in need of reform.

The paper, A Model for Positive Human Rights Reform in Australia, sets out a range of options and priorities to reform the laws that make up the system of protections.

“It seeks to complement our existing laws and address the over-reach of executive discretion, which has seen an erosion of freedoms,” Professor Croucher said.

“Our society, including our expectations, tolerances and demographic, has changed over time. Now is the chance to develop new guiding principles that reflect modern Australia.”

She said Australians were dynamic people and had shown their ability to adapt and accept people from all walks of life. Reforming the laws was a chance to reflect these changes.

“Our current system of human rights protections is framed in the negative through discrimination laws,” Professor Croucher said.

“Such laws are critical in addressing discrimination when it has occurred, but it is time to positively protect against human rights violations by making human rights front and centre in the minds of legislators and decision-makers.”

She said the paper explored a range of complementary measures which included a Federal Charter of Rights.

“This would provide a basis on which to balance competing rights and to protect important freedoms such as expression, religion, association and privacy,” she said.

“These rights have been increasingly infringed by Government in recent years with insufficient justification,” she said.

Submissions will be accepted on the discussion paper until 8 November and the 28-page Model for Positive Human Rights Reform in Australia can be accessed at this PS New link.

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