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Countries similar to Australia (including Canada, New Zealand, the United Kingdom and South Africa), have national laws or constitutional protections in place that safeguard basic human rights and freedoms.
Whilst Queensland, Victoria and the ACT have their own human rights legislation, no consistent national protection exists to protect all Australians. Instead, Australia has traditionally relied on parliament and existing legislation to protect rights, rather than formally enshrining them in law.
For the disability community, this has real impacts.
People with disability continue to face discrimination, restrictive practices, barriers to housing and healthcare, exclusion from employment and education and challenges accessing justice. Without stronger legal protections, disability rights can too easily be treated as policy issues instead of enforceable rights.
This is particularly important during major reform or political change, when decisions may be made without full consideration of the rights and actual lived experiences of people with disability.
Whilst a national Human Rights Act wouldn’t solve every issue overnight, it could create stronger accountability by ensuring governments and public institutions are guided by human rights in the creation of laws and policies, and decision making. It would also provide clearer direction if rights were breached.
Human rights are not abstract legal concepts. They are protections that support dignity, independence, equality and full participation in Australian life.
This week, independent MP Andrew Wilkie introduced a Bill into Parliament to establish a national Human Rights Act, supported by Helen Haines MP. The proposal follows earlier recommendations from the Parliamentary Joint Committee on Human Rights calling for stronger national protections.
Last month, Hugh de Kretser, President of the Australian Human Rights Commission, also spoke about the need for a Human Rights Act and the role it could play in areas such as healthcare, housing and education.
To learn more or to support the campaign, visit Human Rights Act:
