NSW Charter of Human Rights

In her eNEWS bulletin No. 366 dated Friday 28 September 2007, The Lord Mayor of Sydney, The Hon. Clover Moore said:

HUMAN RIGHTS PROTECTION FOR NSW

Australia is the only democratic nation in the world without a legal human rights instrument. Although human rights atrocities are not common, there is a growing feeling that civil rights are being eroded, particularly in response to anti-terrorism laws and the APEC summit.

In Parliament I promoted the NSW Charter Group’s call for public consultation like Victoria and the ACT did before developing Human Rights Charters, to determine what we consider are our basic human rights.

A Charter could provide Parliament with a tool to review the impact of proposed legislation on human rights, ensuring informed decisions. Unlike an American Bill of Rights, which is entrenched in the constitution, Parliament could amend the Charter as community values
change.

As the representative of a socially and culturally diverse inner city electorate, I have long worked to protect human rights, including the rights of Indigenous and gay, lesbian, transgender and bisexual citizens. The City is examining the development of a Charter of Human Rights to complement our City’s Social Policy. Such a Charter would be
developed through community consultation and could include recognition of Indigenous Australians, valuing all people, consultation and participation, diversity, social development, equitable access for everyone, and fair and integrated decisions.

The threat of terrorism has resulted in the abandonment of a number of fundamental principles in the name of protecting our safety. Without a human rights legal instrument there is no guarantee that other rights will not be traded in the name of security. I called on
the NSW Government to grasp the opportunity to assess community support for a Charter of Human Rights.

Does Australia need a Bill of Rights? Paper presented by the Hon Michael McHugh AO QC, former Justice of the High Court of Australia, on 8 August 2007 to members of the NSW Bar Association.

“The debate about an Australian Bill of Rights can no longer be considered simply an academic or abstract debate in a country that already boasts an exemplary human rights record. In light of current deficiencies it is, instead, increasingly becoming a debate that holds great practical significance for all Australians.”

Just when it seemed safe to be openly proud of Australia, the cultural cringers are at it again. This time we need to be ashamed of ourselves because Australia does not have a bill of rights.

Philip Ruddock’s response to the Geoffrey Robinson article in the Sydney Morning Herald, 31 August 2007: Bills of rights do not protect freedoms

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NOTE:  It is the position of the NSW Charter Group that the question of human rights protection should be the subject of an open, effective and independent consultation with the community.  When considering the scope of such a consultation, the NSW Charter Group seeks consultation on both what rights should be protected and how they should be protected.  While this is not the same as putting the question to an election, in which many other issues will influence voters, it does seek to give the community an informed and genuine say in the process of developing the appropriate model of human rights protection.