Sunday, March 22, 2009
Need for a Judicially Enforceable Australian Bill of Rights
The Australian Human Rights Commission writes:
'In theory, all Australians are entitled to enjoy the rights and freedoms contained in the international human rights treaties ratified by Australia
It also means that legislators can safely ignore, wilfully, unwittingly or carelessly, the impact of their Acts on our human rights. And following their example, it also enables the regulators and law enforcement agencies and none too bright, and none too sensitive enforcers to use a ‘whatever it takes’ approach to enforcement. These can be seen as simply un-moderated and very human behaviours of which we are all capable. And for that reason we need to be protected from ourselves.
I believe that the forgoing argument is the single most compelling reason for a judicially enforceable human rights law separate from and superior to all other legislation. That there is at least a significant minority of influential people who, despite the evidence of recent times, argue that there is already sufficient protection in law strengthens my view that eventually, our human rights must be protected within the Australian Constitution. Meanwhile a judicially enforceable Human Rights Act should be legislated effective across all Australian jurisdictions.
