4 March 2009
Australia can protect human rights better with a Human Rights Act
Australia’s human rights protections are inadequate, President of the Australian Human Rights Commission Catherine Branson QC, will tell an audience of lawyers in Victoria today.
Ms Branson, who is delivering the Dame Roma Mitchell Memorial Luncheon Address at a Law Institute of Victoria and Victorian Women Lawyers function, will present the case for a Human Rights Act in Australia.
“The reality is that while Australia is a fabulous country for most of us, most of the time, human rights protections in Australia are ad hoc and incomplete,” Ms Branson will say.
“However to those who say that our strong democratic tradition and the independence of the courts are enough to ensure that our human rights are protected, I say, we can do better.”
Ms Branson is set to argue that a Human Rights Act would provide a comprehensive framework for protecting human rights in Australia. She will argue that it will also provide a powerful tool for fostering a stronger human rights culture which promotes greater respect and understanding among all Australians.
Ms Branson will explain how the controversial High Court decision on the indefinite detention of Mr Al-Kateb, a stateless Palestinian man who was refused a protection visa to stay in Australia and could not be removed overseas, may have been decided differently had a Human Rights Act existed at the time.
“If an Australian Human Rights Act had been in force at the time Al-Kateb was decided, I think the judges in the majority may have been convinced to join the ranks of the minority,” Ms Branson will say.
“However, the greatest achievement of an Australian Human Rights Act may be to prevent human rights violations happening in the first place.”
Ms Branson will also discuss the sedition laws enacted as part of the Howard Government’s Anti-Terrorism Act 2005 (No 2) in her argument for improving Australia’s human rights protections.
Ms Branson will emphasise that far from transferring decision-making from Parliament to an unelected Judiciary, a Human Rights Act would actually enhance democracy through a more open and transparent consideration of the human rights impacts of proposed legislation.
“A Human Rights Act will not only change lives; it will change attitudes. It will help build a human rights culture in Australia – a culture of rights-based thinking; one in which everyone understands their basic rights and respects the rights of others,” Ms Branson will say.
Journalists wishing to attend the luncheon event should contact Kerry O’Shea on the number below.
Media contact:
Paul Oliver - 0408 469 347 for Cathy Branson
Kerry O’Shea - 0401 107 103 for Law Institute of Victoria
