In Australia, we pride ourselves on our ethos of equality and fairness for all – giving everyone a “fair go”.

Now the federal government is looking at whether it should enshrine such values in legislation to ensure human rights and responsibilities are protected.

Victoria has led the way in this field by introducing the Victorian Charter of Human Rights and Responsibilities Act 2006 which came into full effect on 1 January last year.

This formal recognition of human rights ensures law-makers and public decision-makers take account of human rights.

And a recently released analysis by the Victorian Equal Opportunity and Human Rights Commission (VREOC) shows it is having an impact.

VREOC CEO Dr Helen Szoke said people had used the Charter to gain access to vital services, to challenge government policy and to improve the way organisations operate.

Dr Szoke said the Charter had helped ordinary people receive better services and resolutions to problems. For example, people with an intellectual disability were able to exercise their right to vote and young people with brain injuries were saved from being placed into aged care facilities.

As part of the federal government’s initiative, a national human rights consultation process has been set up to give all Australians the chance to share their views on human rights.

Federal Attorney-General Robert McClelland said the 60th anniversary of the Universal Declaration on Human Rights was an appropriate time to reflect on the effectiveness of Australia’s current system of human rights protections, to see if gaps exist, and to explore a range of ways in which human rights protections could be enhanced.

The consultation will look at three key questions:

• which human rights (including corresponding responsibilities) should be protected and promoted?;
• are these human rights currently sufficiently protected and promoted?; and
• how could Australia better protect and promote human rights?

The Law Institute of Victoria is preparing a submission supporting a national human rights charter based on the Victorian Charter but inclusive of economic, social and cultural rights and appropriate proceedings and remedies.

You can share your views directly with the government’s consultation committee by making a written submission either online or by post.

More information

See www.humanrightsconsultation.gov.au and www.equalopportunitycommission.vic.gov.au.
From the LIV Bookshop: Australian Bills of Rights: The law of the Victorian Charter and ACT Human Rights Act, by Evans & Evans, 2007, $95