This article is adapted from an editorial by LIV CEO, John Cain, which appeared in the Jan/Feb edition of the Law Institute Journal.

After a tumultuous 2005, the Victorian Government’s recent initiative to introduce a Charter of Human Rights and Responsibilities is welcome news.

The past year was splashed with a series of conflicts threatening human freedoms across the country. Not least were the proposed anti-terrorism measures, which many construed as more pervasive than protective. The hype continued with controversies shrouding our immigration detention system, one of which highlighted a secondary issue concerning inadequacies of treatment for the mentally ill.

While the emphasis on protecting public security sounds noble, it seems to have been made at the expense of our individual rights and liberties.

Last year’s overwhelming public response to the forming of a Victorian Human Rights Consultation Committee was, perhaps, not so surprising. Following 2500 submissions from individuals and organisations, and capacity attendances at public meetings and forums across the State, the Committee delivered its key recommendations. Victoria’s Attorney-General, Rob Hulls, responded by announcing the Government’s commitment to enacting a Charter of Human Rights and Responsibilities.

Victoria will be the first Australian State to take this initiative, with the hope that the rest of the nation will follow suit. Further consultation with community groups and organisations like the LIV will be conducted before draft legislation is established.

Recommendations for the Charter, to date, include:

§       Consideration and review of the protection of civil and political rights under the International Covenant on Civil and Political Rights 1966 (ICCPR);

§       That the Charter is binding on all public authorities (state and local government, statutory authorities and Victoria Police);

§       An overriding power for the Victorian Parliament to supersede a Charter in exceptional circumstances;

§       Enactment of the Charter by 1 January 2007.

Among the ICCPR rights under consideration for protection by the Charter are: the right to life; the right to freedom of expression, association and peaceful assembly; and the right of minorities to enjoy their culture, practise their religion and use their own language.

The current level of human rights protection is limited to provisions under the Australian Constitution, which are subject to judicial interpretation. With the protection and promotion of human rights being so fundamental to democratic principles, the proposed Charter is a long-awaited step in the right direction.

More information

From the LIV Bookshop Human Rights Under the Australian Constitution, Williams $60;

The case for an Australian Bill of Rights: Freedom in the War on Terror, George Williams $16.95