Free and Equal: An Australian conversation on human rights
Explore what makes effective human rights protection for 21st century Australia and identify gaps in current systems through national conversation.
Summary
What does strong support for people’s human rights look like in our communities across Australia today?
What are we doing well, and what more needs to be done to make sure everyone is treated fairly, with dignity and respect?
Human Rights: creating the society we want to live In
No matter who we are or what our life circumstances are, we all have the right to be treated with respect and dignity by our government, the people that work for it, and by our fellow community members, no matter who is in power.
Human rights provide the roadmap to achieving this and creating the kind of society we all want to live in. Human rights reflect values like equality, freedom, respect, dignity, kindness, thinking of others and looking out for each other.
When human rights are respected, our lives are better and our communities are stronger, healthier, safer and more prosperous.
Free and Equal: An Australian Conversation on Human Rights
The Commission led a major project Free and Equal: An Australian Conversation on Human Rights between 2019 and 2024.
We examined Australia’s existing human rights and anti discrimination laws and undertook extensive research and consultation with civil society, government and others to identify how Australia can better protect and fulfil people’s human rights.
The outcome of Free and Equal is a proposal for a Human Rights Framework to better protect the rights of all people in Australia. No matter who we are, will have a better understanding of our human rights and will feel supported and empowered to speak up and seek justice when those rights are breached by government or people that work for it.
Report: Revitalising Australia's Commitment to Human Rights
There are many gaps in the protection of human rights in Australian law. While Australia has agreed to protect human rights set out in United Nations treaties, we have not properly translated those international commitments into our own national laws.
Revitalising Australia's Commitment to Human Rights, is the outcome of a five year national inquiry and calls for a fresh approach to how human rights are understood and upheld in Australia. It sets out a clear plan to strengthen our human rights framework so that all people, across our communities, can better understand their rights and rely on them in everyday life.
The report outlines a reform agenda to modernise Australia’s human rights system and help governments respond to the real challenges people face in the 21st century. It makes 12 recommendations for longterm, national reforms, to be delivered through a renewed National Human Rights Framework.
At the centre of this framework is a Human Rights Act. This would give governments a clearer guide for making fair and accountable decisions, while giving people and communities a meaningful way to raise concerns and seek justice when public systems fall short. Together, these reforms offer a stronger foundation for trust, accountability, and better outcomes for everyone.
A National Human Rights Act: Protects fairness, dignity and belonging for everyone
Under our model, a national Human Rights Act will apply to Australian Government bodies like Government Departments, Ministers, public servants and agencies like the Australian Federal Police, Centrelink, Medicare, the National Disability Insurance Agency and more. It won’t apply to State and Territory government bodies.
A national Human Rights Act will require governments and public servants to properly consider and act compatibly with human rights when making decisions, delivering services and developing laws and policies. This will foster a better understanding of rights and build a culture that prevents human rights breaches.
- It’s built on international agreements that protect people’s basic rights, like freedom of speech, access to education, and the right to health and housing.
- It also includes protections for groups who often face additional barriers, like children, people with disabilities, and First Nations peoples.
Under our model, the Human Rights Act will be normal legislation passed by the Australian Parliament. The Parliament will be able to change the Human Rights Act in the future if it decides to.
Which rights should be included in a Human Rights Act?
- Recognition and equality before the law; and freedom from discrimination
- Right to life
- Protection from torture and cruel, inhuman or degrading treatment
- Protection of children
- Protection of families
- Privacy and reputation
- Freedom of movement
- Freedom of thought, conscience, religion and belief
- Peaceful assembly and freedom of association
- Freedom of expression
- Taking part in public life
- Right to liberty and security of person
- Fair hearing
- Rights in criminal proceedings
- Compensation for wrongful conviction
- Right not to be tried or punished more than once
- Retrospective criminal laws
- Humane treatment when deprived of liberty
- Children in the criminal process
- Freedom from forced work
- Cultural rights
- Cultural rights – First Nations peoples
- Right to education
- Right to health
- Right to an adequate standard of living
- Right to a healthy environment
- Right to work and other work-related rights
- Right to social security
Guide: 7 ways to improve people's human rights in Australia
Australia can, and should, do better in protecting and promoting human rights.
7 ways to improve people’s human rights in Australia:
- Establish a Human Rights Act
- Modernise Australia’s anti-discrimination laws
- Develop a National Human Rights Education Action Plan
- Create a national human rights tracker to measure progress and regress on human rights
- Deliver an annual national human rights statement to Parliament
- Strengthen the role of Parliament in protecting human rights
- Ensure an effective and sustainable Australian Human Rights Commission and a vibrant civil society to protect human rights.
The Commission stands ready to work in partnership with government and the community to realise these changes. Learn more about each of our recommendations in this guide.
Learn more about the 7 ways to improve people's human rights in Australia.
Download the guide: 7 ways to improve people's human rights in Australia
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Parliamentary Joint Committee on Human Rights
A new parliamentary report recommends a National Human Rights Act as part of a revitalised Human Rights Framework. This brings Australia closer than ever before to establishing the basic legal protections that we all need.
Attorney-General Mark Dreyfus initiated the Inquiry in March 2023, in response to a Position Paper by the Commission, which outlined a model for a National Human Rights Act.
The PJCHR report includes a model for a Human Rights Act the government can use as a draft bill, based largely on the Commission’s model.
Read the Inquiry into Australia's Human Rights Framework report .
Free+Equal Conference on Human Rights 2024
To mark the conclusion of the five-year project and the parliamentary inquiry, the Commission held a major national conference examining Australia's human rights framework.
More than 1300 people from across Australia and around the world participated live and online in this landmark event for advancing human rights in Australia.
The Free+Equal Conference featured a diverse line-up of more than 60 eminent experts, thought leaders, social justice advocates and community heroes over 12 engaging sessions and events. Key leaders, experts and advocates gathered to help pave the way for a much-needed overhaul of Australia's human rights framework, including the introduction of an National Human Rights Act.
This follows on from our first Free+Equal Conference, which was held on Tuesday 8 October 2019 in Sydney. United Nations High Commissioner for Human Rights, Her Excellency Dr Michelle Bachelet AC, delivered the keynote speech where she commented on Australia's system of human rights protections.
Looking back: How We Got Here
A. Discussion Papers
To kickstart the national conversation back in 2019, the Commission wrote four preliminary papers that explore different parts of our system of human rights protections. One of these papers, the Issues Paper, is more general and looks at our human rights system as a whole. The Discussion Papers are more technical and lay out specific options for reform of our existing legislative and policy frameworks.
You can read our technical discussion papers here:
Discussion Paper: Priorities for federal discrimination law reform
Discussion paper on a model for positive human rights reform in Australia
B. Position Papers
Following extensive consultation, the Commission released its two Free and Equal position papers.
The First Free and Equal Position Paper, A Reform Agenda for Federal Discrimination Laws, makes 38 recommendations across four major reform areas:
- Building a preventative culture
- Modernising the regulatory framework
- Enhancing access to justice
- Improving the practical operation of laws
The Second Position Paper, A Human Rights Act for Australia, proposes a model for a national Human Rights Act, how it could function and what it could do.
C. Methodology
Through the project, we spoke to people across the nation to identify what makes an effective system of human rights protection for 21st century Australia, and what steps Australia needs to take to get there. These were the Terms of Reference (PDF, 164 KB) .
The purpose of the National Conversation is to:
- Promote awareness of the importance of human rights to 21st century Australia
- Identify current limitations and barriers to better human rights protections
- Identify what key principles should underpin the reform of human rights in Australia
- Build agreement across the Parliament, government and the community about what we can do collectively to better promote, protect and fulfil human rights
- look at Australia's whole human rights system and how all the pieces fit together.
