Human Rights in Australia: Laws, Cases, and Principles

What are human rights?

Basic freedoms, standards, or entitlements that promote and uphold the dignity of all people, guaranteed by moral duty or law.

Do human rights apply to everyone?

Yes, human rights belong to all people regardless of race, nationality, religion, gender identity, age, economic status, or other attributes.

How has the nature of human rights evolved over time?

What are now considered universal human rights were not always available to all, with significant injustices faced by groups like First Nations people in Australia.

What significant change occurred in 1967 regarding First Nations people in Australia?

They were officially recognized in the Australian population count.

What was the White Australia policy?

A policy that enforced racial discrimination and was formally abolished in the 1970s in favor of multiculturalism.

What is the Universal Declaration of Human Rights?

An international document outlining basic rights and fundamental freedoms to which all human beings are entitled, adopted by the UN in 1948.

When was the Universal Declaration of Human Rights adopted?

In 1948, following the end of World War II.

How many members of the UN have adopted the Universal Declaration of Human Rights?

All 192 members of the UN.

What impact has the Universal Declaration of Human Rights had?

It has inspired over 80 international treaties, declarations, and agreements, and has influenced national laws in many countries.

What is one aim of the Australian legal system regarding human rights?

To protect human rights.

What does the Universal Declaration of Human Rights provide?

Further recognition and protection of human rights through international human rights organizations.

Express rights

An express right (aka explicit right) is a right that is enumerated/entrenched (specifically listed) in the Australian Constitution.

s116

The right to freedom of religion by preventing the Constitution from making laws establishing a religion, imposing any form of religious ceremony or worship, and prohibiting the exercise of any religion.

s92

The right to free interstate trade and commerce.

s51(xxxi)

The right to receive 'just terms' when property is acquired by the Commonwealth.

s80

The right to trial by jury for Commonwealth indictable offences.

s117

The right to not be discriminated against on the basis of the state where you reside.

Section 116

States that the Commonwealth Parliament cannot make a law which establishes a state religion, imposes any religious observance, or prohibits the free exercise of any religion.

Section 92

States that interstate trade and commerce must be free and prevents parliament from treating interstate trade differently from trade within a state.

Freedom of movement

Provides freedom of movement between the states, without imposing burdens, and taxes cannot be imposed.

Section 51(xxxi)

States that the Commonwealth must provide just terms when acquiring property, meaning fair and reasonable compensation for property that is compulsorily acquired.

Independent valuer

Decides what is just terms for property acquisition by the Commonwealth.

Tangible property

Physical property that can be touched.

Intangible property

Ideas, patents, insurance that cannot be physically touched.

Real property

Property such as land.

Personal property

Property such as goods.

Section 80

States that there must be a jury trial for Commonwealth indictable offences under the criminal law.

Unanimous jury decision

The High Court has found that a decision of a jury in a trial for Commonwealth indictable offences must be unanimous.

Limited right to trial by jury

s80 provides only a limited right to trial by jury because most indictable offences are crimes under state law.

Section 117

States that it is unlawful for state and Commonwealth governments to discriminate against someone based on the state in which that person lives.

R v Loubie (1985)

A case where Loubie was denied bail in Qld due to a provision that contravened s117 by treating people differently based on their state of residence.

What is the Victorian Charter of Human Rights and Responsibilities Act?

A law that came into effect on January 1, 2008, protecting human rights in Victoria.

What are the founding principles of the Victorian Charter?

Human rights are essential in a democratic society, belong to all without discrimination, come with responsibilities, and are particularly important for Aboriginal people.

What rights are included in the Victorian Charter?

Rights include recognition before the law, right to life, protection from torture, freedom of movement, privacy, freedom of thought and expression, and cultural rights.

What role do Australian parliaments play in human rights protection?

They enact laws that implement Australia's human rights obligations and make it illegal to discriminate against vulnerable groups.

What is the significance of the McBain case?

It established that single women are entitled to IVF treatment, as the Victorian legislation was found inconsistent with the Sex Discrimination Act.

What was the outcome of the McBain v. State of Victoria case?

The court ruled that provisions of the Infertility Treatment Act were unlawful under the Sex Discrimination Act.

What does Section 109 of the Australian Constitution state?

If there is a conflict between state and federal law, federal law prevails.

What is the significance of the Mabo case?

It recognized the land rights of Aboriginal and Torres Strait Islander peoples, leading to the Native Title Act 1993.

What does the Native Title Act 1993 provide?

It creates a framework for Aboriginal and Torres Strait Islander peoples to seek legal recognition of their land rights.

What is the role of common law in protecting rights in Australia?

Common law provides strong protections for freedom of speech, especially regarding public affairs and political matters.

What is the Sex Discrimination Act 1984?

A law that prohibits discrimination based on sex in various areas, including the provision of goods and services.

What is the Racial Discrimination Act 1986?

A law that makes racial discrimination illegal in Australia.

What is the Disability Discrimination Act 1992?

A law that protects individuals from discrimination based on disability.

What is the Age Discrimination Act 2004?

A law that prohibits discrimination based on age in various contexts.

What is the importance of the rights to freedom of expression and assembly?

These rights are fundamental to democracy and allow individuals to participate in public life.

What does the right to privacy and reputation entail?

It protects individuals from unwarranted interference in their personal lives and reputations.

What rights are protected in criminal proceedings under the Charter?

Rights include the right to a fair hearing and protection from being tried or punished more than once.

What is the significance of the ABC TV v Commonwealth case?

It is an example of common law protecting rights related to freedom of speech and media.

What does the term 'cultural rights' refer to in the Charter?

Rights that protect the cultural identity and practices of individuals and communities.

What does the right to humane treatment when deprived of liberty mean?

It ensures that individuals in custody are treated with dignity and respect.