Human rights in Australia were largely developed by the democratically elected Australian Parliament through legislation in specific contexts and have been safeguarded by institutions such as the independent judiciary and the High Court, which implement common law, the Australian Constitution, and various other laws of Australia and its states and territories. Australia does not have a stand-alone, abstract bill of rights. It has an independent statutory human rights body, the Australian Human Rights Commission, which investigates and conciliates complaints, and promotes human rights through education, discussion and reporting.
De jure, several human rights are protected by the Australian Constitution and the constitutions of the states and territories, in addition to a number of federal laws which exist to protect people from discrimination and human rights breaches. Universal voting rights and rights to freedom of association, freedom of, and from, religion and freedom from discrimination are protected in Australia. The Australian colonies were among the first political entities in the world to grant universal manhood suffrage (1850s) and female suffrage (1890s). As a founding member of the United Nations, Australia assisted in the drafting of the Universal Declaration of Human Rights and it is a signatory to various other international human rights treaties. However, Australia is the only democratic country in the world without its own national charter or bill of rights.
Ever since the gradual dismantling of the White Australia policy throughout the late 20th century, contemporary Australia became a liberal democracy and heir to a large post-World War II multicultural immigration program. Most forms of racial discrimination have been prohibited since 1975. Racism in Australia stems from both historical and current racist attitudes, as well as political non-compliance with some United Nations human rights treaties. Some ongoing human rights breaches in Australia stem from the legacy of mistreatment of Indigenous Australians, who remain disproportionately of disadvantaged socioeconomic standing, have shorter lifespans, and are imprisoned at a higher rate than the general population.
Australia's decision to use offshore immigration detention facilities remains contentious among many United Nations member states and human rights groups. In 2017, the United Nations High Commissioner for Refugees (UNHCR) has cited these facilities as a "damning indictment of a policy meant to avoid Australia's international human rights obligations".
Sources of rights Most human rights are not constitutionally protected at the federal level. However, certain rights are protected via statute both federally and in the states and territories (often called charters of rights), such as in Queensland, Victoria,. and the Australian Capital Territory.. As such, other sources of rights exist to protect rights in Australia (the Constitution, through statutes, common law, and through implementation of international treaties).
Australian Constitution Human rights are protected under the Australian Constitution in several ways: Self-determination is protected by the creation of a system of responsible government chosen by the people in the form of the Australian Parliament; Section 41 provides a right to vote; Section 51(xxiii) prohibits civil conscription in relation to medical and dental services; section 51(xxxi) empowers the Commonwealth to acquire property only "on just terms"; Section 80 provides a right to a jury trial for indictable offences; Section 92 protects freedom of interstate trade, commerce and communication among the States; Section 116 prohibits the Commonwealth from passing laws establishing religion, imposing religious observance, or requiring a religious test for qualification for public office; Section 117 prohibits discrimination on the basis of State residence. In addition, as a result of certain structural implications and principles, the Constitution protects human rights indirectly through several means, including: An implied freedom of political communication on government and political matters;. A requirement that punishment (and, with some exceptions, imprisonment) only occur pursuant a court order, arising from the separation of powers;. A requirement that courts be independent and impartial from the executive and legislature;. The right to challenge the legality of government action for jurisdictional error, even where legislation purports to preclude judicial review..
Statutes Human rights are protected through various statutory enactments in a broad variety of specific contexts. For example, there are statutes which prescribe and regulate police powers,. use of personal information,. secret recording of conversations,. equal treatment when buying goods and services, Provision of goods and services. consumer rights, Schedule 2 The Australian Consumer Law. and many other statutes.
Common law The common law of Australia protects rights indirectly through various causes of action (such as in contract, tort, and property rights). The common law also protects human rights through principles of statutory interpretation. One example is found in Gleeson CJ's statement that it is presumed that it is not Parliament's intention to remove a fundamental human right(s) or freedom(s) unless such an intention is outlined and manifested by clear language.. This is known as the principle of legality which acts as an extra layer of protection for human rights against vague or ambiguous legislation. Furthermore, Former Chief Justice of New South Wales, James Spigelman, has compiled a list of a number of rights-depriving acts which the common law presumes the legislature does not intend without clear wording, including retrospectively changing rights and obligations, infringing personal liberty, interfering with freedom of movement or speech, restricting access to the courts, interfering with vested property rights, and denying procedural fairness.
In addition, there are various common law principles which afford certain protections, such as legal professional privilege, and the privilege against self-incrimination.
International Human Rights Laws in Australia Australia has signed various international treaties and conventions regarding human rights. Australia has agreed to be bound by the following treaties: Universal Declaration on Human Rights International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights Convention on the Prevention and Punishment of the Crime of Genocide Convention on the Political Rights of Women 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 and Degrading Treatment or Punishment Convention on the Rights of the Child Convention on the Reduction of Statelessness Convention relating to the Status of Stateless Persons Convention Relating to the Status of Refugees 1926 Slavery Convention Supplementary Convention on the Abolition of Slavery Convention on the Rights of Persons with Disabilities
Although Australia is a signatory to these, the rights given in the treaties are only applicable in Australia if domestic legislation is established. For example, the Racial Discrimination Act 1975 (Cth), implements the Convention on the Elimination of All Forms of Racial Discrimination, and the Sex Discrimination Act 1984 (Cth),. provides some of the rights outlined in the Convention on the Elimination of All Forms of Discrimination Against Women.
However, another way the rights provided in a treaty can be seen in Australian law is where provisions of a treaty are already a part of domestic legislation (for example, the Convention of the Rights of People of Disabilities can be seen as incorporated into domestic law through similar provisions in the Disability Discrimination Act 1992 (Cth))..
Australian Human Rights Commission
The Australian Human Rights Commission (AHRC) (previously known as the Human Rights and Equal Opportunity Commission) is a national independent statutory body of the Australian government. Established under the Australian Human Rights Commission Act 1986 (Cth),. it has responsibility for the investigation of alleged infringements under Australia's anti-discrimination legislation.
Matters that can be investigated by the Commission include discrimination on the grounds of age, race, colour or ethnic origin, racial vilification, sex, sexual harassment, sexual orientation, gender identity, intersex status, marital or relationship status, actual or potential pregnancy, breastfeeding or disability. Lodging a complaint. Interpretation.
However, the protection of human rights has several significant limitations. For instance, human rights will often trump other public goods as it enjoys a prima facie;Louis Henkin, The Age of Rights (Columbia University Press, 1990) 1131 human rights may be violated in some circumstances or reasons like national emergency or security;Mark Rix,Australia and the 'War against Terrorism': Terrorism, National Security and Human Rights , (Paper Presented at Proceedings of the Second Workshop on the Social Implications of National Security, University of Wollongong 2007), 2. human rights are protected in various States (ACT and Victoria) through legislation. However, it cannot be implemented nor enforceable at the Federal level.Australian Human Rights Commission, National Human Rights Consultation (2009) 50 Australian Human Rights Commission
Civil and political rights
Freedom of expression
Under the Australian Constitution, there is an implied freedom of political communication on government and political matters.
Some restrictions on political expression exist in Australia, including laws on defamation, racial vilification, and contempt of Parliament.
In 2015, Tasmania's Anti Discrimination Commissioner found that the Catholic Church and the Archbishop of Hobart had a "case to answer" under Tasmanian Anti-Discrimination legislation for promoting the Catholic view of marriage. Australian Greens candidate Martine Delaney brought the matter to the commission. The ABC reported that case has "raised concerns about freedom of speech ahead of a national debate on same-sex marriage."Blackwood, Fiona. (13 November 2015) Catholic Church has discrimination case to answer over anti same-sex marriage booklet – ABC News (Australian Broadcasting Corporation) . Abc.net.au. Retrieved on 2016-11-29.
In 2007, Parliamentarian Lee Rhiannon of the Australian Greens referred remarks made by an Australian Catholic Cardinal opposing embryonic stem cell research to the New South Wales parliamentary privileges committee for allegedly being in "contempt of parliament". The Cardinal was cleared of the charge and described the move as a "clumsy attempt to curb religious freedom and freedom of speech".
In 2022, Reporters Without Borders raised concerns over eroding press freedom in Australia, citing the 'ultra-concentration of media ownership' and 'growing official pressure.'
Voting rights
Australians achieved voting rights decades before most other Western nations. The Australian colonies granted universal manhood suffrage from the 1850s and in 1895 the women of South Australia achieved the right to both vote and stand for Parliament, enabling Catherine Helen Spence to be the first to stand as a political candidate in 1897. After federation of the colonies in 1901, the Franchise Act 1902 was passed, granting the right to vote to men and women. However, the Act also restricted votes for 'natives' unless they were already enrolled. These restrictions were unevenly applied and were relaxed after World War II, with full rights restored by the Commonwealth Electoral Act 1962.