A recent Amnesty International survey found that 61 percent of Australians thought they already had a Bill of Rights. In fact, Australia is now the only liberal democracy in the world that doesn't have some kind of constitutional human rights act. This is contrary to the rest of the Western world such as the U.S, UK, Canada, Ireland, South Africa and New Zealand; who have all passed and recognised a Constitutional Bill of Rights in the past and adhere to it.
What's a humans rights act. you say?
It is a list, in worded form, outlining the most important rights of the people in a country. The purpose of such a Bill is to make the rights easily accessible to the public and understandable by the public and to protect those rights against any infringement by the government, authority and other people in the community.
Australian law, as it currently stands, does not protect even the most fundamental rights that Australians outside of Victoria assume they have. For example, the law does not fully protect freedom of speech (freedom of expression). A Bill of Rights for everyone, however, will protect these fundamental rights and freedoms.
At the moment, Victoria was the first and is the only state in Australia to introduce a Bill of Rights as an Act of Parliament. Victoria's Bill of Rights is titled the Victorian Charter of Human Rights and Responsibilities. It is designed to "protect and promote" human rights of those within Victoria, and it does so by enumerating a series of rights, largely based on those in the International Covenant of Civil and Political Rights (which Australia has signed but not confined to), along with a number of enforcement provisions. It came into full effect on 1 January 2008 and it operates in a similar way to the UK's Bill of Rights known as the Human Rights Act 1998 and the Canadian Charter of Rights. It also operates in a similar way to New Zealand's Bill of Rights Act 1990. (The links are clickable for more information).
For those of you who are not too familiar with Australia's Constitution, certain rights that are listed in Victoria's BoR, are scattered all over the place in the Constitution for other Australians. And most of the rights that are listed in Victoria's BoR are either non-existent in the Australian Constitution or not protected by law or merely "implied" (aka not confined to).
For example, in regards to those of you outside of Victoria, you are not given a legally binding right to "freedom of speech" (aka, freedom of expression). The Australian Constitution does not have any express provision relating to freedom of speech. In theory, therefore, the Commonwealth Parliament may restrict or censor speech through censorship legislation or other laws, as long as they are otherwise within constitutional power.
There is an implied right, known as the "implied freedom of political communication" and recognised by the High Court since 1992, but this is ambiguous and is largely politically based.
Contrary to the rest of Australia, Victoria's right to freedom of speech (aka freedom of expression) is outlined in it's Bill of Rights and protected by law against any infringement of the government or authority. There are specific exceptions outlined, in the case of which it happens to violate other rights listed in the Bill (which is the same for Bills of the other nations already mentioned). For example, in the instance that it happens to become a threat to Victoria's community and public health (such as smoking advertisements) or if it disrespects the rights and way of life of other members of the public (such as hate speech).
This is known as Section 15 (otherwise known as Clause 15) in the Victorian Bill of Rights (Victorian Charter of Human Rights and Responsibilities). It is modelled on Article 19 of the International Covenant of Civil and Political Rights.
http://www.humanrightscommission.vi...om_k2&view=item&layout=item&id=905&Itemid=520
Thus my question is to those of you outside of Victoria, are you in favour of having your rights protected under law and listed for you to access easily? Are you in favour of bringing Australia in line with the rest of the world?
Basically, do you want a proper constitutional democracy for Australians as a whole?
What's a humans rights act. you say?
It is a list, in worded form, outlining the most important rights of the people in a country. The purpose of such a Bill is to make the rights easily accessible to the public and understandable by the public and to protect those rights against any infringement by the government, authority and other people in the community.
Australian law, as it currently stands, does not protect even the most fundamental rights that Australians outside of Victoria assume they have. For example, the law does not fully protect freedom of speech (freedom of expression). A Bill of Rights for everyone, however, will protect these fundamental rights and freedoms.
At the moment, Victoria was the first and is the only state in Australia to introduce a Bill of Rights as an Act of Parliament. Victoria's Bill of Rights is titled the Victorian Charter of Human Rights and Responsibilities. It is designed to "protect and promote" human rights of those within Victoria, and it does so by enumerating a series of rights, largely based on those in the International Covenant of Civil and Political Rights (which Australia has signed but not confined to), along with a number of enforcement provisions. It came into full effect on 1 January 2008 and it operates in a similar way to the UK's Bill of Rights known as the Human Rights Act 1998 and the Canadian Charter of Rights. It also operates in a similar way to New Zealand's Bill of Rights Act 1990. (The links are clickable for more information).
- The twenty most fundamental rights of Victorians can be viewed on the Human Rights Commission website page here;
- Twenty Most Fundamental Rights
- A more in-depth overview of the actual Bill itself can be viewed and downloaded as a PDF from the following link (sourced from the Department of Justice website) - just make sure to scroll to the Human Rights section in Part 2 (page 7);
- Victorian Bill of Rights in Full
For those of you who are not too familiar with Australia's Constitution, certain rights that are listed in Victoria's BoR, are scattered all over the place in the Constitution for other Australians. And most of the rights that are listed in Victoria's BoR are either non-existent in the Australian Constitution or not protected by law or merely "implied" (aka not confined to).
For example, in regards to those of you outside of Victoria, you are not given a legally binding right to "freedom of speech" (aka, freedom of expression). The Australian Constitution does not have any express provision relating to freedom of speech. In theory, therefore, the Commonwealth Parliament may restrict or censor speech through censorship legislation or other laws, as long as they are otherwise within constitutional power.
There is an implied right, known as the "implied freedom of political communication" and recognised by the High Court since 1992, but this is ambiguous and is largely politically based.
Contrary to the rest of Australia, Victoria's right to freedom of speech (aka freedom of expression) is outlined in it's Bill of Rights and protected by law against any infringement of the government or authority. There are specific exceptions outlined, in the case of which it happens to violate other rights listed in the Bill (which is the same for Bills of the other nations already mentioned). For example, in the instance that it happens to become a threat to Victoria's community and public health (such as smoking advertisements) or if it disrespects the rights and way of life of other members of the public (such as hate speech).
This is known as Section 15 (otherwise known as Clause 15) in the Victorian Bill of Rights (Victorian Charter of Human Rights and Responsibilities). It is modelled on Article 19 of the International Covenant of Civil and Political Rights.
http://www.humanrightscommission.vi...om_k2&view=item&layout=item&id=905&Itemid=520
http://www.humanrightscommission.vi...om_k2&view=item&layout=item&id=905&Itemid=520
Thus my question is to those of you outside of Victoria, are you in favour of having your rights protected under law and listed for you to access easily? Are you in favour of bringing Australia in line with the rest of the world?
Basically, do you want a proper constitutional democracy for Australians as a whole?
