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FOR YOUR INFORMATION:
This Press Release for the Final Report of the Human Rights Consultation
Human Rights Consultation website:
http://www.humanrightsconsultation.gov.au
Reports page
http://www.humanrightsconsultation.gov.au/www/nhrcc/nhrcc.nsf/Page/Report_NationalHumanRightsConsultationReportDownloads
National Human Rights Consultation Report [PDF 585KB]
Preliminaries, Foreword, Contents, Acknowledgements
Summary [PDF 174KB]
Recommendations [PDF 149KB]
Press Release:
ATTORNEY-GENERAL
HON ROBERT McCLELLAND MP
THE PROTECTION AND PROMOTION OF HUMAN RIGHTS IN AUSTRALIA
PARLIAMENT HOUSE,
MELBOURNE
THURSDAY, 8 OCTOBER 2009
First, may I acknowledge the traditional owners of the land we meet on – and pay my respects to their elders, both past and present.
· The Hon Malcolm Fraser AC
· Members of the National Human Rights Consultation Committee
· Catherine Branson, President of the Australian Human Rights Commission
· Phil Lynch, Director of the Human Rights Law Resource Centre
I’m very pleased to be here today to release the report of the National Human Rights Consultation Committee.
As you will recall, ten months ago I launched the Consultation on 10 December 2008, marking the 60th Anniversary of the Universal Declaration of Human Rights.
The Government asked the Committee to seek the community’s views on how best to protect and promote human rights and responsibilities in Australia.
And it has certainly done so!
The Committee has conducted the most extensive consultation on human rights issues, and probably on any issue at all, in Australia’s history.
In addition to the many people who were able to participate in person or provided a submission, the Consultation was also able to make use of a number of on-line tools to engage with the broader community.
At the outset, I would like to take this opportunity to thank the Committee for its considerable efforts and valuable work.
Father Frank Brennan, Mary Kostakidis, Mick Palmer and Tammy Williams. Together as the Consultation Committee you have provided us all with a valuable document that will not only inform Government policy – it will also provide a useful education tool for many years to come.
I would also like to thank the staff in my Department, including the 2009 graduates, who assisted the Committee in performing the very necessary tasks of logging, collating and managing such a vast number of submissions.
The Committee, its secretariat and the broader community, who have participated in the consultation process, should be proud of their “collective” work.
Human rights are relevant to us all. So this report isn’t just for lawyers and politicians. It is for all Australians - whether they live in urban, regional or remote areas of our country.
The report gives us important information about what we do well. And it gives us options for addressing the areas where we can do better.
Australia’s Human Rights Record
The Committee reports that most people who participated in the Consultation are convinced that Australia is one of the best places to live.
Australians can indeed be proud of our nation. We enjoy a strong parliamentary democracy, with universal suffrage and a clear system of checks and balances which contribute to maintaining our strong and independent democratic institutions, underpinned by the rule of law that applies equally to all – irrespective of any office a person may hold.
Our common law recognises a number of human rights principles and we have a range of anti-discrimination laws to prohibit unfair discrimination on the grounds such as race, age, sex and disability.
We are also a party to a number of international instruments which outline fundamental human rights that are recognised by the international community.
Australians are well served by the Australian Human Rights Commission, the Ombudsman and our independent judiciary. In addition to this institutional framework, Australia also has an independent media and a robust non-government organisation sector.
Having outlined these elements, it is fair to say that the Committee’s observation that Australia has a ‘patchwork quilt’ of protection for human rights is quite apt.
For most of us the ‘patchwork quilt’ is working well. But, as the Committee’s report highlights, there are times when individuals, especially those who are vulnerable or disadvantaged, miss out including the homeless, people with disabilities, children at risk and Indigenous Australians.
As a community we have a special responsibility to these people - and the Committee suggests that ‘the patchwork quilt of protections needs some mending’.
The Committee’s report provides a useful insight into the real-life experiences of ordinary Australians. These insights are important and warrant close consideration as the Government develops and considers its response to the report.
Rights and Responsibilities
I am pleased to see that the Committee has considered the implications of rights – such as the responsibility to respect the rights of others.
Importantly the Committee notes, “if a society is to function cohesively a commitment to rights and a commitment to responsibilities are required in equal measures”.
Many of us would agree that our Australian culture and values are underpinned by an ethos of a ‘fair go for all’ where all are entitled to be treated with civility, dignity and respect.
This ethos not only creates greater harmony and unity in our society, it also provides another mechanism by which rights can be promoted and protected.
The Committee refers to the historian John Hirst who said “human rights are not enough … if rights are to be protected there must be a community in which people care about each other’s rights.”
These comments capture both sides of the ledger. The need to balance individual rights with associated responsibilities. Responsibilities that come with being part of the Australian community.
The Rudd Government’s Commitment to Human Rights
The Rudd Government is committed to the protection of, and respect for, fundamental human rights as an inclusive society based on the principle of ‘a fair go’ is ultimately stronger, more resilient and more secure.
Since 2007, the Government has taken a number of steps to address the key areas of disadvantage that prevent Australians from fully participating in the life of our community and our economy.
I won’t list them all for you today. But these actions have occurred at both a domestic and international level. I will touch on just a few areas where Australians have identified that they wanted to see action.
The Prime Minister has apologised on behalf of the nation to the Indigenous Australians for past mistreatment. The apology was backed by over $5.6 billion in investment, with the States and Territories, in a national strategy to ‘Close the Gap’ on Indigenous disadvantage.
The Government has also implemented reforms to recognise same-sex couples under Commonwealth law and removed discrimination against same-sex couples and their children in areas including taxation, superannuation, social security and child support.
A National Plan to Reduce Violence Against Women and their Children is currently being developed with the States and Territories to provide integrated support for victims and reduce violence in the future.
Internationally, the Government has reaffirmed its human rights credentials by becoming a party to a number of important international human rights instruments including the Convention on the Rights of Persons with Disabilities and its Optional Protocol and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women. We are also taking steps to become a party to the Optional Protocol Against Torture.
The Way Forward
Overwhelmingly, the report by the National Human Rights Consultation Committee shows that Australians support the protection of human rights and they believe more can be done.
The debate therefore is not about whether we protect human rights – it is about how we protect and promote human rights.
The report shows that there are many views on how human rights and responsibilities should be protected, promoted and realised.
Unsurprisingly, there are strong views firmly held on the merits or otherwise of a Human Rights Act.
However, as the report clearly shows there are many ways to protect and promote human rights including through enhanced education and improved parliamentary scrutiny.
The report shows that too many Australians are not informed about what ‘human rights’ are or how they are currently protected.
The need for increased human rights education was clearly a re-occurring issue in many of the roundtables, the written submissions and surveys conducted.
The Government agrees that human rights education can play an important role. It is important to ensure that people not only understand their rights but also, more broadly, the role of human rights and responsibilities in our community.
The Government will carefully consider all of the Committee’s recommendations in developing its response to the report.
In developing this response, I can assure you that the Government will seek to ensure that we continue to foster an Australian culture based on the principle of a fair go - where the fundamental human rights of all people are respected and protected.
Again, I thank the Committee and all participants in the consultation for their efforts.
Thank you.
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