An introduction to human rights

1. Defining human rights

Human rights are the freedoms and protections that we all have, simply by being human¹. These rights apply to everyone – no matter who we are, where we live, what we think or what we believe. Examples include the right to an education, the right to life and liberty, and the right to be free from torture or slavery. All human beings are entitled to these rights simply by being born.²

Human rights have been recognised through law and practice across many cultures and over many centuries.³ Most governments of the world have agreed to a set of common standards for human rights. These standards are documented in declarations, treaties and optional protocols adopted by the United Nations .⁴

Key principles and features of human rights

Human rights are based on principles of dignity and equality. They share a number of key features.⁵

Universal and inalienable

Human rights are for everyone. They cannot be granted or taken away, bought or sold.

Indivisible and interdependent

All human rights have equal status and cannot be positioned in a hierarchy. One set of rights cannot be enjoyed without another.

Equal and non-discriminatory

All human rights apply to everyone in the same way, regardless of their nationality, sex, gender, national or ethnic origin, colour, religion, language, age, or any other characteristic.

Types of human rights

Human rights cover many areas of life. They include civil and political rights, like the right to vote and freedom of speech. They also include economic, cultural and social rights, like the right to social security and the right to speak your own language.⁶

There are also rights for specific groups of people. For example, Aboriginal and Torres Strait Islander peoples have rights to their traditional lands and culture, while children have the right to rest and play.⁷

Human rights are for everyone, everywhere, every day.

2. Where do human rights come from?

The ideas that underpin human rights have existed throughout history and across cultures. These are concepts such as ethical behaviour, justice, dignity, freedom and respect. These values have shaped the social, cultural and political systems of different societies and continue to evolve and develop over time.

First Nations culture and Law

First Nations people have lived on and cared for the land now called Australia for over 60,000 years. Their cultures are dynamic and diverse.

Australia’s lands, seas, waters and rivers, islands and skies are imbued with First Nations’ Laws. There are different systems of Law for different parts of Australia. Each system sets out the roles, responsibilities and obligations of First Nations peoples to care for and protect one another and the land. These systems of Law are made up of totems, kinship, ceremony, songlines and gatherings.⁸

In this way, ideas of respect, reciprocity and harmony have existed in the oral histories and customs of First Nations people for tens of thousands of years.⁹

Civilisations across space and time

Human rights, as we understand them today, were developed at the United Nations after the end of World War II (1945). But human societies across the world have developed understandings of rights, freedoms and responsibilities throughout history. These have been contained in moral and legal codes and religious, philosophical and ethical teachings. Let’s consider some examples.

• 6^th–5^th centuries BCE: The Chinese philosopher and teacher Confucius emphasised the importance of education, good action and respect for fellow human beings.¹⁰
• 6^th –1^st centuries BCE: Philosophers in ancient Greece and Rome promoted rights and values arising from natural law, which required people to act for the good of humanity.¹¹
• 3^rd century BCE: The Indian Emperor Ashoka developed a moral code based on peace, goodness and tolerance.¹²
• 11^th century CE: The Magna Carta -signed by King John I of England in 1215- established the principle that no one is above the law.¹³
• 12^th century CE: The six nations of the Haudenosaunee (North America) proclaimed the Great Law of Peace, which emphasises reason, justice and righteousness.¹⁴
• 13^th century CE: The Manden Charter of the Mandingo Empire (present-day Guinea and Mali) promoted peace, education, the right to life and freedom of expression.¹⁵
• 17^th century CE: The English Bill of Rights and Scottish Claim of Right created protections for British people from the abuse of power by monarchs.¹⁶
• 18^th and 19^th centuries CE: The Atlantic Revolutions in America, France and Haiti advocated liberty, equality, security and freedom from tyranny and oppression.¹⁷

Major world religions

Human rights principles also feature in the teachings and scriptures of the world’s major religions. Many religions encourage selflessness and universal compassion. They also promote equality, benevolence and service to others, and have specific models of justice and community.¹⁸

3. The development of human rights at the United Nations

Since the founding of the United Nations in 1945, governments of the world have agreed to a set of common standards for human rights. These are documented in three core human rights instruments:

• The Universal Declaration of Human Rights (UDHR)
• The International Covenant on Economic, Social and Cultural Rights (ICESCR)
• The International Covenant on Civil and Political Rights (ICCPR).

Together, these documents make up the ‘International Bill of Rights’ and are the foundations of international human rights law.²⁷

Universal Declaration of Human Rights (UDHR)

The UDHR was adopted by the United Nations General Assembly in 1948. Australia was a founding member and one of the original signatories. Rights protected by the UDHR include the rights to life, liberty and security of person, the rights to a fair trial and to freedom of thought, conscience and religion.

While not legally binding, the UDHR remains the most important international statement of the fundamental values of equality, dignity and freedom for all people.

The rights identified in the UDHR are enshrined in two legally binding conventions: the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights.

International Covenant on Economic, Social and Cultural Rights (ICESCR)

The ICESCR was adopted by the United Nations General Assembly in 1966. Australia became a party to this treaty in 1975.²⁸

Rights protected by the ICESCR include the rights to self-determination and an adequate standard of living, as well as the rights to be free from hunger, take part in cultural life and enjoy the highest attainable standard of physical and mental health.

Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

International Covenant on Civil and Political Rights (ICCPR)

The ICCPR was adopted by the United Nations General Assembly in 1966. Australia became a party to this treaty in 1980.³⁰

Rights protected by the ICCPR include the right to vote and equality before the law. It also prohibits arbitrary arrest or detention, slavery, servitude and forced or compulsory labour.

Optional Protocols to the International Covenant on Civil and Political Rights

The ICCPR has two Optional Protocols.

1. The first Optional Protocol allows individuals to submit complaints to the UN Human Rights Committee if they believe their civil and political rights by under the Covenant have been violated by a country who has agreed to the Protocol, including Australia.
2. The second Optional Protocol abolishes the death penalty for States parties.

Australia has agreed to be bound by both Optional Protocols.³¹

Several other human rights treaties have been developed since the founding of the United Nations. You can find a list of the major human rights treaties on the website of the Office of the High Commissioner for Human Rights or continue down to 6. Australia’s Human Rights Obligations.

5. Protecting and enforcing human rights at the UN

The United Nations (UN) protects and promotes human rights. The United Nations was founded upon faith in “fundamental human rights, the dignity and worth of the human person, in the equal rights of men and women and of nations large and small”.³³ Different UN bodies work together to try to prevent human rights violations. Member states to the UN commit financial contributions to allow these bodies to operate.

Office of the United Nations High Commissioner for Human Rights

The Office of the United Nations High Commissioner for Human Rights (OHCHR) is the lead UN entity mandated to protect and promote human rights for all people. The OHCHR aims to build respect for human rights and prevent human rights violations by promoting international cooperation and coordinating the UN’s human rights activities.³⁴

The Human Rights Council

The United Nations Human Rights Council (HRC) is the main body responsible for monitoring human rights in the UN system. It:

• investigates complaints of serious human rights violations against member states.³⁵
• reviews the human rights record of all UN member states through the Universal Periodic Review process every 4.5 years.³⁶
• appoints Special Rapporteurs (independent human rights experts) and coordinates independent investigations (including commissions of inquiry and fact-finding missions) to report on human rights issues in specific countries.³⁷

The HRC is made up of 47 UN Member States who represent all geographic regions of UN membership. Member States serve 3-year terms.³⁸

Treaty bodies

There are 10 treaty-based human rights bodies at the UN that help protect and promote human rights. These are committees comprised of independent experts who monitor the implementation of core international human rights treaties.³⁹

States are obliged to report on the steps they have taken to ensure they are respecting and fulfilling the terms of the treaty they are a party to.⁴⁰ Treaty bodies consider these reports and interpret provisions in their treaty by publishing general comments and organising thematic discussions.

Current treaty bodies include:

• Committee on the Elimination of Racial Discrimination (CERD)
• Committee on Economic, Social and Cultural Rights (CESCR)
• Human Rights Committee (CCPR) (which monitors the International Covenant on Civil and Political Rights)
• Committee on the Elimination of Discrimination Against Women (CEDAW)
• Committee Against Torture (CAT)
• Committee on the Rights of the Child (CRC)
• Committee on Migrant Workers (CMW)
• Subcommittee on Prevention of Torture (SPT) (established under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT))
• Committee on the Rights of Persons with Disabilities (CRPD)
• Committee on Enforced Disappearances (CED).

Some UN treaty bodies may also:

• consider complaints of human rights violations from individuals who have exhausted all remedies in their own country. If an individual complaint is upheld, treaty bodies can make recommendations to the State Party about resolving the issue. These recommendations include paying compensation to the affected individual and taking steps to prevent similar rights violation in the future, such as legislative or policy changes⁴¹
• conduct country visits and inquiries to monitor the implementation of   the treaties.

Case Study – Toonen v Australia (Human Rights Committee Communication No. 488/1992)

Other UN agencies

Other UN agencies also engage in important human rights work. These include:

• UN High Commissioner for Refugees (UNHCR)
• UN Children’s Fund (UNICEF)
• UN Women, including the Commission on the Status of Women
• Joint UN Programme on HIV/AIDS (UNAIDS)
• UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)

The UN also works closely with independent international bodies and organisations such as the International Criminal Court and the International Committee of the Red Cross to protect and promote the right of all human beings to live freely, equally and with dignity.

For more information on organisations within the UN system, please visit the UN website. 

Human rights are written down in declarations and conventions. These documents reflect international agreement among the governments of the world about what human rights are, and how they should be protected and promoted.

Obligations of governments

When governments sign on to international human rights instruments, they agree to respect, protect and fulfil the human rights of all people in their country.

Governments must:

• Respect human rights. This means that governments must not breach human rights.
• Protect human rights. This means that governments must take actions to prevent other people from breaching human rights. Governments must also offer accessible and effective remedies to people who have had their rights breached.
• Fulfill human rights. This means that governments must take positive actions to fully realise the equal enjoyment of human rights in their country.

International human rights treaties in Australia

Australia is a party to 7 international human rights treaties which are legally binding.⁴³ These are the:

• International Covenant on Civil and Political Rights
• International Covenant on Economic, Social and Cultural Rights
• International Convention on the Elimination of All Forms of Racial Discrimination
• Convention on the Elimination of All Forms of Discrimination against Women
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
• Convention on the Rights of the Child
• Convention on the Rights of Persons with Disabilities

There are two further international human rights treaties which Australia has not signed up to, the:

• International Convention on the Protection of all Migrant Workers and Members of Their Families
• International Convention for the Protection of All Persons from Enforced Disappearance

Australia supports two important, non-legally binding human rights declarations:

• Universal Declaration of Human Rights
• United Nations Declaration on the Rights of Indigenous Peoples

Although these documents are not legally binding, they carry moral weight because they have been widely adopted by the international community.

Australia has also committed to a number of Optional Protocols which set out extra provisions for specific treaties. A full list of Australia’s human rights treaty commitments, including Optional Protocols, can be found on the Attorney-General’s Department website.⁴⁴

How treaties work

International human rights treaties are negotiated and drafted by the UN. Usually, countries (known as States) become party to treaties by signing and ratifying them. This means that States voluntarily accept legal obligations under international law.

In Australia, for international treaties to be part of domestic law, the Federal Parliament must pass legislation that reflects the terms of the treaty. Depending on the area of law, this may also involve the state and territory parliaments.

You can read more about international treaties on the UN Treaty Collections website.

7. Protecting and promoting human rights in Australia

Australia’s own system of human rights protection has evolved according to our unique history, and alongside the international human rights system. In Australia, many human rights are protected and promoted in and through:

• the Australian Constitution
• federal laws
• state and territory laws
• an independent judiciary and the rule of law
• democratically elected governments
• a free and questioning media
• a strong, vibrant civil society
• the Australian Human Rights Commission and other similar bodies.⁴⁶

Protections in the law

The Australian Government has a particularly important role to play in protecting human rights as the ‘duty-bearer’ for those rights. People in Australia are ‘rights-holders’. Whenever the Government creates laws, it must consider the potential impact of those laws on the human rights of rights-holders. The Government is responsible for signing on to, and ratifying, international human rights treaties. The Government passes domestic laws to give effect to our international human rights commitments.⁴⁷

Currently, there are five core pieces of federal legislation that protect people from discrimination and breaches of human rights in Australia. These are the:

• Racial Discrimination Act 1975 (Cth)
• Sex Discrimination Act 1984 (Cth)
• Disability Discrimination Act 1992 (Cth)
• Age Discrimination Act 2004 (Cth)
• Australian Human Rights Commission Act 1986 (Cth)

Protecting human rights in law means that anyone who has their human rights violated can turn to Australia’s court system to seek redress.

State and territory governments also have a responsibility to protect human rights through the laws they create. All states and territories have anti-discrimination legislation. Some states have additional legal protections. The ACT and Queensland each have a Human Rights Act, while Victoria has a Charter of Human Rights and Responsibilities.⁴⁸

The Australian Human Rights Commission

The Australian Human Rights Commission is an independent statutory organisation created by an act of Federal Parliament in 1986. It is responsible for protecting and promoting human rights in Australia by:

• educating communities about human rights and anti-discrimination law
• investigating and conciliating complaints made under federal anti-discrimination law
• advocating for clearer and stronger human rights protections in Australia
• researching and providing expert advice on human rights issues in Australia
• engaging with the international community on human rights issues.⁴⁹

Each state and territory has its own human rights agency which performs a similar role to the Australian Human Rights Commission in its own jurisdiction.

You can learn more about the Australian Human Rights Commission, including information about making a complaint, by visiting our website.

Reforming human rights protections in Australia

Despite Australia’s strong sense of rights and freedoms, human rights protections in Australia have sometimes been criticised for being incomplete and piecemeal.

Between 2019 and 2024, the Australian Human Rights Commission undertook the Free and Equal project – An Australian Conversation on Human Rights. The project involved consulting extensively with government, stakeholder groups and civil society, and developing a framework for how the Australian Government can better protect and fulfil human rights. The final report of the project in 2023 outlined key actions needed to improve human rights in Australia:

1. Establish a Human Rights Act
2. Modernise Australia’s anti-discrimination laws
3. Develop a National Human Rights Education action plan
4. Create a national human rights tracker to measure progress and regress on human rights
5. Deliver an annual national human rights statement to Parliament
6. Strengthen the role of Parliament in protecting human rights
7. Ensure an effective and sustainable Australian Human Rights Commission and a vibrant civil society to protect human rights.

This framework is designed to protect human rights, prevent violations of human rights and provide effective relief for breaches of human rights.

The 2024 report of the Parliamentary Joint Committee on Human Rights on their Inquiry into Australia’s Human Rights Framework reinforced many of the recommendations made in the Free and Equal report.⁵⁰

You can read about the inquiry and access the full report on the Parliament of Australia website.  

Further reading

• Review the latest News from the Australian Human Rights Commission.
• Have Your Say on the current inquiries, projects and conversations about human rights in Australia.
• Face the Facts and learn about the Australian Human Rights Commission's key areas of work.
• Find out more about how the Australian Human Rights Commission was established.

References

1. Universal Declaration of Human Rights, Preamble, para. 1.
   
2. OHCHR. (n.d.). What are human rights? United Nations Human Rights: Office of the High Commissioner. https://www.ohchr.org/en/what-are-human-rights
   
3. Ishay, M. (2008). The History of Human Rights: From Ancient Times to the Globalization Era (2nd ed.). University of California Press. https://doi.org/10.1525/9780520934917
   
4. OHCHR (n.d.). International Bill of Human Rights: A brief history and the two International Covenants. United Nations Human Rights: Office of the High Commissioner. https://www.ohchr.org/en/what-are-human-rights/international-bill-human-rights
   
5. OHCHR. (n.d.). What are human rights? United Nations Human Rights: Office of the High Commissioner. https://www.ohchr.org/en/what-are-human-rights
   
6. Australian Human Rights Commission. (n.d.). Rights and freedoms: right by right. https://humanrights.gov.au/our-work/rights-and-freedoms/rights-and-freedoms-right-right
   
7. Ibid.
   
8. Australian Human Rights Commission. (2020). Wiyi Yani U Thangani: Women's Voices. https://humanrights.gov.au/our-work/aboriginal-and-torres-strait-islander-social-justice/publications/wiyi-yani-u-thangani; Whap, G. (2001). A Torres Strait Islander Perspective on the Concept of Indigenous Knowledge. The Australian Journal of Indigenous Education, 29(2), 22-29. https://doi.org/10.1017/S1326011100001368
   
9. Dudgeon, P., Bray, A. (2024). The Indigenous Turn: Epistemic Justice, Indigenous Knowledge Systems, and Social and Emotional Well-Being. In: Ravulo, J., Olcoń, K., Dune, T., Workman, A., Liamputtong, P. (eds) Handbook of Critical Whiteness. Springer, Singapore. https://doi.org/10.1007/978-981-97-5085-6_31
10. Ishay, M. (2008). The History of Human Rights: From Ancient Times to the Globalization Era (2nd ed.). University of California Press. https://doi.org/10.1525/9780520934917; UNESCO. (2018, October 4). A Confucian approach to human rights. The UNESCO Courier. https://courier.unesco.org/en/articles/confucian-approach-human-rights
    
11. Ishay, M. (2004). What are human rights? Six historical controversies. Journal of Human Rights, 3(3), 359-371. https://doi.org/10.1080/1475483042000224897
    
12. UNESCO, National Geographic & KOICA. (2025). Buddhist Monuments at Sanchi. World Heritage Journeys: Buddha. https://visitworldheritage.com/en/buddha/buddhist-monuments-at-sanchi/a6e7eec5-fcc4-4a7a-823a-28c89416008f
    
13. National Archives UK. Magna Carta, 1215. https://www.nationalarchives.gov.uk/education/resources/magna-carta/british-library-magna-carta-1215-runnymede/
    
14. National Museum of the American Indian. (2009). Haudenosaunee Guide for Educators. https://americanindian.si.edu/sites/1/files/pdf/education/haudenosauneeguide.pdf
    
15. UNESCO. (2009). Manden Carter, proclaimed in Kurukan Fuga. UNESCO Intangible Cultural Heritage. https://ich.unesco.org/en/RL/manden-charter-proclaimed-in-kurukan-fuga-00290
    
16. UK Parliament. (n.d.). Bill of Rights 1689. https://www.parliament.uk/about/living-heritage/evolutionofparliament/parliamentaryauthority/revolution/collections1/collections-glorious-revolution/billofrights/; legislation.gov.uk (n.d.) Claim of Right Act 1689. https://www.legislation.gov.uk/aosp/1689/28
    
17. Ishay, M. (2008). The History of Human Rights: From Ancient Times to the Globalization Era (2nd ed.). University of California Press. https://doi.org/10.1525/9780520934917  and Knight, F. W. (2005). The Haitian Revolution and the Notion of Human Rights. Journal of the Historical Society, 5(3), 391-416.  https://doi.org/10.1111/j.1540-5923.2005.00136.x  
    
18. Ishay, M. (2008). The History of Human Rights: From Ancient Times to the Globalization Era (2nd ed.). University of California Press. https://doi.org/10.1525/9780520934917
    
19. United Nations. (n.d.). Universal Declaration of Human Rights: The Foundation of International Human Rights Law. UN: Peace, dignity and equality on a healthy planet. https://www.un.org/en/about-us/udhr/foundation-of-international-human-rights-law
    
20. United Nations. (n.d.). History of the United Nations. UN: Peace, dignity and equality on a healthy planet. https://www.un.org/en/about-us/history-of-the-un
    
21. UN Charter, art. 1.
    
22. United Nations. (n.d.). History of the Declaration. UN: Peace, dignity and equality on a healthy planet. https://www.un.org/en/about-us/udhr/history-of-the-declaration
    
23. Ibid.
    
24. Ibid.
    
25. Nowrojee, B. (2025) The Future of Human Rights in a Changing World Order (Public lecture for Open Society Foundations) https://www.opensocietyfoundations.org/newsroom/the-future-of-human-rights-in-a-changing-world-order
    
26. Guterres, A. (2017, October 18). Make 'we the peoples' reality by transcending differences to overcome increasing conflicts, inequality, Secretary-General says in message for United Nations Day [Press release]. https://digitallibrary.un.org/record/3972754
    
27. OHCHR (n.d.) International Bill of Human Rights: A brief history and the two International Covenants. United Nations Human Rights: Office of the High Commissioner. https://www.ohchr.org/en/what-are-human-rights/international-bill-human-rights
    
28. International Covenant on Economic, Social and Cultural Rights, opened for signature 16 December 1966, [1976] ATS 5 (entered into force 10 March 1976)
29. See 'Australia' in the OHCHR Status of Ratification Interactive Dashboard: https://indicators.ohchr.org/
    
30. International Covenant on Civil and Political Rights, opened for signature 16 December 1966, [1980] ATS 23 (entered into force 13 November 1980)
31. See 'Australia' in the OHCHR Status of Ratification Interactive Dashboard: https://indicators.ohchr.org/
    
32. Moon, B. K. (2014, December 9). Message of the UN Secretary-General on Human Rights Day [Press release]. Mission Multidimensionnelle Intégrée des Nations Unies Pour la Stabilisation en République Centrafricaine. https://minusca.unmissions.org/node/100046291
    
33. United Nations Charter, Preamble, para. 2.
    
34. OHCHR. (n.d.). About UN Human Rights. United Nations Human Rights: Office of the High Commissioner. https://www.ohchr.org/en/about-us
    
35. OHCHR. (n.d.). Human Rights Council Complaint Procedure. United Nations Human Rights Council. https://www.ohchr.org/en/hr-bodies/hrc/complaint-procedure/hrc-complaint-procedure-index
    
36. OHCHR. (n.d.). Universal Period Review. United Nations Human Rights Council. https://www.ohchr.org/en/hr-bodies/upr/upr-home
    
37. OHCHR. (n.d.). Special Procedures of the Human Rights Council. United Nations Human Rights: Office of the High Commissioner. https://www.ohchr.org/en/special-procedures-human-rights-council
    
38. OHCHR. (n.d.). Welcome to the Human Rights Council. United Nations Human Rights Council. https://www.ohchr.org/en/hr-bodies/hrc/about-council
    
39. OHCHR. (n.d.). Treaty Bodies. United Nations Human Rights: Office of the High Commissioner. https://www.ohchr.org/en/treaty-bodies
    
40. OHCHR. (n.d.). Treaty Bodies: What the treaty bodies do. United Nations Human Rights: Office of the High Commissioner. https://www.ohchr.org/en/treaty-bodies/what-treaty-bodies-do
    
41. OHCHR. (n.d.). Treaty Bodies: Complaints about human rights violations. United Nations Human Rights: Office of the High Commissioner. https://www.ohchr.org/en/treaty-bodies/complaints-about-human-rights-violations
    
42. Annan, K. (2002, September 12). The Secretary-General Address to the General Assembly [Speech transcript]. https://www.un.org/webcast/ga/57/statements/sgE.htm
    
43. Australian Government: Attorney-General's Department. (n.d.). International human rights system. Attorney-General's Department: Rights and Protections. https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/international-human-rights-system
    
44. Ibid.
    
45. De Kretser, H. (2024, August 20). A Human Rights Acts for Australia [Speech transcript]. Amnesty International Parliamentary Friendship Group event. https://humanrights.gov.au/about/news/speeches/human-rights-act-australia-0
    
46. Australian Human Rights Commission. (n.d.). Human Rights in Australia. https://humanrights.gov.au/our-work/education/human-rights-australia
    
47. Ibid.
    
48. Human Rights Act 2004 (ACT); Human Rights Act 2019 (Qld); Charter of Human Rights and Responsibilities Act 2006 (Vic)
49. Australian Human Rights Commission. (n.d.). About. https://humanrights.gov.au/about
    
50. Parliamentary Joint Committee on Human Rights. (2024). Inquiry into Australia's Human Rights Framework. https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/HumanRightsFramework/Report