Legal Studies Unit 2, Area of Study 3, (ch.13)

What is the Australian Constitution?

a set of rules and principles that guide the way Australia is governed.

What is a charter of human rights, or bill of rights?

A document that sets out the basic human rights and/or freedoms of the citizens in a particular state or country.

What are express rights?

rights that are stated in the Australian Constitution. They can only be changed by referendum.

What are human rights?

basic freedoms or standards that promote and uphold the dignity of all people, and are guaranteed by a moral sense of duty or law.

What is the Human Rights Charter?

The Charter of Human Rights and Responsibilities Act 2006 (VIC) . its purpose is to protect and promote human rights.

What are implied rights?

rights that are not expressly stated by the Australian Constitution, but are considered to exist though interpretation by the High Court.

What is an international declaration?

a non-binding agreement between countries that sets out the aspirations of the parties to the agreement

What is an international treaty?

a legally binding agreement between countries, in which they undertake to follow the obligations set out in the agreement and include them in their own local laws.

What is the UDHR?

the Universal Declaration of Human Rights is an international document that outlines basic rights and fundamental freedoms to which all human beings are entitled; the declaration was adopted by the General Assembly of the United Nations in 1948

What is the significance of the UDHR?

It outlines the basic rights and freedoms to which all human beings are entitled, and inspired the creation of more than 80 more international treaties and a few human rights organisations.

How are Human Rights protected in Australia?

There is no national bill of rights, but they are protected by:

• the Constitution

• statute law

• common law

How does statute law protect human rights?

Almost all human rights in Australia are protected through statute law, made by either the Commonwealth or individual states. Different rights in different states is not ideal, but different states have different cultures and their laws should reflect that.

What are some rights protected by statue law (Cth.)

• the right to privacy

• the right to security of a person

• the right to freedom from discrimination (not religious)

How does common law protect human rights?

Judges are able to interpret the meaning of statue law and apply it to any niche cases that may arise in a complex society. One example is the right of transgender people to marry.

What is the VCHRR?

The Victorian Charter of Human Rights and Responsibilities is an Act of Parliament that requires the Victorian Government and people delivering government services to act in a manner that complies with and upholds the 20 human rights listed within it.

What is freedom of religion?

The complete freedom/ability to believe and/or practice in any religion or non-religion that a person decides to, without pressure from coercion or consequence.

What is the development of freedom of religion in Australia?

• Protected in our constitution as an express right. Only relates to Cth instating a religion, not other states.

• Also one of the eight nations to draft the UDHR and adopt it in 1948. Article 18 refers to freedom of religion, though this is non-binding

• Ratified the ICCPR in 1980 (International Covenant on Civil and Political Rights), which included freedom of religion as defined by the UDHR.

• Common law, e.g. Church of the New Faith v the Pay Roll Commissioner

• Statute Law, Religious Discrimination Bill, Sex Discrimination and Fair Work Acts.

What is the opinion of One Nation on the right to freedom of religion?

• supported original religious discrimination bill (esp. statements of belief)

• believes the right is ‘under siege’

• attempted to pass a bill banning the burqa and similar face coverings

• supports a religious institutions ability to discriminate based on their beliefs for staff and students

What is the opinion of the Australian Greens political party on the right to freedom of religion?

• they do not support the religious discrimination bill in its previous form, may support one w/o statement of belief clauses and allowances for religious institutions to discriminate against staff/students on religious background

• they do not support government funding for religious private schools

• they believe ‘people of faith should be free to practice their religion without fear of harm or prejudice’

What are some possible reforms?

• bringing back the original religious discrimination bill

• bringing in a religious discrimination bill, altered to be w/o statements of belief and exemptions

• alter the Sex Discrimination Act and the Fair Work Act to repeal ‘carve outs’ religious institutions currently have

What is a case study regarding freedom of religion?

The case of Church of the New Faith v The Pay-roll Tax Commissioner, or the ‘Scientology’ case that defined what a religion is in modern Australia.