Australia’s Parliamentary Joint Committee on Human Rights has issued a report recommending the establishment of a federal human rights act. Initiated in March 2023, the inquiry involved 104 civil society organizations representing various groups, including Aboriginal and Torres Strait Islander peoples, LGBTIQ+, women, children, people with disabilities, and migrant and refugee communities.
Currently, Australia lacks a comprehensive human rights act, distinguishing it from other western liberal democracies. The nation’s Constitution provides limited protections for specific civil and political rights like voting and trial by jury. Australia is a signatory to multiple international human rights conventions, including the International Covenant on Civil and Political Rights (ICCPR), but these have not been fully incorporated into domestic law. Existing federal anti-discrimination laws, such as the Sex Discrimination Act 1984 and the Racial Discrimination Act 1975, as well as state-level human rights acts, are viewed by the Committee as insufficient and “piecemeal.”
The report emphasizes the necessity of a federal human rights act to mandate governmental consideration of human rights in legislation, policy-making, and service delivery. This would enable citizens to legally challenge human rights violations. Law Council of Australia President Greg McIntyre highlighted that the current “patchwork of laws” offers limited remedies for breaches of rights.
Despite these recommendations, opposition exists. Deputy Chair of the Committee, Liberal MP Henry Pike, and others in his party, have labeled the proposal as “unnecessary and dangerous,” fearing it may impede Australia’s national security and individual freedoms.
For further information, see the original article on JURIST: Australia parliamentary inquiry calls for federal human rights act.