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Thursday, 2 July 2009

The Great Debate – Does Australia need a Charter of Rights?

President of the Australian Human Rights Commission, Cathy Branson QC, will argue for the protection of the most vulnerable Australians to be a paramount concern when she debates the merits of an Australian Human Rights Act at Parliament House in Canberra today.

Appearing for the affirmative side in The Great Debate – Does Australia need a Charter of Rights? as part of the final round of the National Human Rights Consultation, Ms Branson will argue the case for a national Human Rights Act but will acknowledge there is no perfect model of human rights protection.

“I urge the Committee, in forming its judgment as to whether human rights are adequately protected in Australia, to give primary weight to the voices of those who are most vulnerable to human rights abuses,” Ms Branson will say.

“Thoughtful, informed and well-meaning individuals who care about human rights hold, sometimes passionately, very different views on the best way for Australia to protect human rights. While the views of all of these people should be respected, ultimately the issue calls for judgment,” she will say.

“We on this side suggest that in spite of its shortcomings, a Human Rights Act is a necessary element of the best system of human rights protection for Australia.”

She will reiterate that a Human Rights Act would be a modest addition to the existing checks and balances on the powers of the three branches of the national government and that such an addition would reflect the growing recognition in this country that respect for human rights is critical to a peaceful, inclusive and safe society.

“Equally importantly, it would provide us with a moral compass to guide public decision-making during good times and bad,” she will say. “One of the biggest advantages of having a Human Rights Act is that it could require government to consider human rights from the earliest stages of policy-making and law-making.”

Human Rights Commissioner, Graeme Innes, will also address the final day of the National Human Rights Consultation tomorrow, (Friday, 3 July) and will focus on the importance of a strong and ongoing national program of human rights education in supporting a Human Rights Act and promoting a rights-aware and rights-respecting culture in Australia.

He will argue for the jurisdiction of the Australian Human Rights Commission to be expanded to enable it to inquire into and conciliate a broader range of human rights complaints, and for it to be given a greater role in scrutinising legislation for human rights compatibility.
Commissioner Innes will also call on the government to respond formally and promptly to Commission recommendations contained in reports that are tabled in Parliament.

“We believe that a Human Rights Act could be the catalyst that Australia needs to create greater public awareness of the importance and relevance of human rights to the lives of all Australians,” Mr Innes will say.

“Key to the better protection and promotion of human rights in Australia is a strong national human rights institution and a comprehensive program of human rights education. My hope is that improvements in both of these areas will result from this consultation.”

Media contact: Louise McDermott for Cathy Branson on (02) 9284 9851 or 0419 258 597
Brinsley Marlay (for Graeme Innes) on (02) 9284 9656 or 0430 366 529