Understanding Human Rights in Australia

Sep 29, 2024

Lecture on Human Rights in the Australian Constitution

Introduction

  • Speaker: Renato Costa
  • Topic: Express and Implied Rights in the Australian Constitution

Key Questions

  • How many rights are there in the Australian Constitution?
  • Does Australia have a Bill of Rights?
  • Do Australians have constitutionally protected rights?

General Premises on Protection of Human Rights

  • Australia is a member of the United Nations and adheres to several international treaties and conventions on human rights.
  • Australia is a party to the seven core international treaties on human rights.
  • The Human Rights (Parliamentary Scrutiny) Act 2011 was enacted to ensure compliance with international human rights obligations.

The Role of the Parliamentary Joint Committee on Human Rights

  • Examines bills and legislative instruments for compatibility with human rights.
  • Reports on human rights issues to both houses of parliament.

Lack of a Bill of Rights

  • Decision not to include a Bill of Rights in the Australian Constitution was deliberate.
  • The framers trusted a system of responsible government to guarantee human rights.
  • Sir Robert Menzies emphasized the role of responsible government in protecting rights.

Express Rights in the Australian Constitution

  • Express rights limit Parliament's power to legislate against certain human rights.
  • **Five Express Rights: **
    1. Section 51(31): Acquisition of property on just terms
    2. Section 80: Trial by jury
    3. Section 92: Free trade and intercourse between states
    4. Section 116: Freedom from religious discrimination
    5. Section 117: Protection against state-based discrimination

Implied Rights

  • The High Court of Australia interprets implied rights based on the constitution's text and structure.
  • Notable implied rights include:
    • Implied freedom of political communication
    • Right to vote

State Human Rights Charters

  • Some Australian states have their own human rights charters (Victoria, ACT, Queensland).
  • These charters have exhaustive lists of human rights and follow procedural models similar to the Commonwealth.

Conclusion

  • While Australia lacks a national Bill of Rights, there are significant express and implied rights within the constitution.
  • Further videos will explore individual rights and state charters.
  • Justice Dean (Street v Queensland Bar Association, 1989) noted that while the Australian Constitution lacks a formal Bill of Rights, it includes significant express and implied guarantees of rights.

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