rights

Human rights

Basic freedoms, standards or entitlements that promote and uphold the dignity of all people.

Who has human rights?

All people, regardless of race, nationality, religion, gender identity, age, economic status or other attributes.

How have human rights developed over time?

Rights once denied to certain groups have gradually become recognised and protected.

How were First Nations people treated historically?

They experienced significant injustices following colonisation and were not technically recognised in Australia's population count until 1967.

When was the White Australia policy abolished?

In 1973, when the government established a policy of multiculturalism.

Universal Declaration of Human Rights (UDHR)

An international document outlining the basic rights and fundamental freedoms to which all humans are entitled.

When was the UDHR adopted?

On 10 December 1948, following World War II, by the United Nations General Assembly.

How many countries adopted the UDHR?

48 countries, including Australia.

What is the significance of the UDHR?

It established international recognition of fundamental human rights and inspired further human rights protections.

How has the UDHR influenced international human rights law?

It inspired more than 80 international treaties, declarations and agreements, as well as human rights organisations.

How has the UDHR influenced domestic law?

Its principles have been incorporated into the national laws of most countries.

Examples of rights in the UDHR

Equality, freedom from discrimination, life, liberty, security, equality before the law and a fair hearing.

How are human rights protected in Australia?

Through the Australian Constitution, statute law, the Victorian Charter of Human Rights and Responsibilities, and common law.

Statute law

Written law made by Commonwealth, state and territory parliaments.

Which human rights can statute law protect?

Privacy, security of person, freedom from discrimination and the right to vote.

Victorian Charter of Human Rights and Responsibilities

A law that recognises and sets out the basic rights, freedoms and responsibilities of Victorians.

What does the Victorian Charter require?

Victorian Parliament, state and local government departments and organisations to act consistently with the Charter.

How many basic rights does the Victorian Charter outline?

Twenty basic rights.

Examples of rights protected by the Victorian Charter

Life, freedom of movement, freedom of religion, equality before the law, a fair hearing and participation in public life.

Common law

Law developed over time through decisions made by judges in state and federal courts.

How does common law protect human rights?

Courts establish new rights, recognise and uphold statutory rights, and determine the validity of legislation.

Examples of common law rights

The right to silence, a fair trial, legal representation and the right of transgender people to marry.

How can courts establish new rights?

Judges can establish new legal principles that protect human rights when deciding cases.

How can courts uphold statutory rights?

They can recognise, uphold and strengthen rights protected by legislation, including the Victorian Charter.

How can the High Court protect constitutional rights?

It can declare Commonwealth legislation unconstitutional and invalid if it breaches a constitutionally protected right.

Codification of common law

When Parliament passes legislation confirming and reinforcing legal principles established by a court.

Abrogation of common law

When Parliament cancels rights established through common law, although it cannot override rights established in High Court judgments interpreting the Constitution.

Australian Constitution

Outlines how Australia is governed and protects certain human rights through express and implied rights.

Express rights

Rights explicitly stated in the wording of the Australian Constitution.

Implied rights

Rights not explicitly stated in the Constitution but considered to exist through the High Court's interpretation of its meaning.

Freedom of political communication

The implied right to freely discuss and debate political issues, subject to certain restrictions.

How are constitutional rights enforced?

People can challenge laws in the High Court, which can declare unconstitutional Commonwealth legislation invalid.

What can Parliament do if a law is unconstitutional?

Remove the unconstitutional provisions or attempt to change the Constitution through a referendum.