Rights
What is a right?
- Entitlements or permissions of a legal or moral nature
- Rules about what is allowed of people or owed to people according to the Legal system
What does “development of human rights” mean?
How human rights have expanded and been recognised over time in laws and society.
Name one way rights are protected in Australia.
Constitution, statute law, common law, or Victorian Charter of Human Rights and Responsibilities.
What human right is at the centre of the Roach v Electoral Commissioner (2007) case?
The right to vote.
Who was Vickie Lee Roach?
An Indigenous woman and prisoner who challenged prisoner voting bans.
What are human rights?
Basic rights and freedoms that belong to every person.
Are international treaties and declarations binding?
No
What is an express right and how many express rights are there?
A right that is clearly stated in the Australian Constitution and 5
Which law sets out who can and cannot vote in Australia?
Commonwealth Electoral Act 1918 (Cth)
What constitutional principle did Roach argue the law breached?
That Parliament must be “directly chosen by the people” (s.7 and s.24 of the Constitution).
Which international document first set out a comprehensive list of human rights in 1948?
The Universal Declaration of Human Rights (UDHR).
What does it mean when Australia “ratifies” an international treaty?
The government agrees to be legally bound by it and works to implement it in domestic law.
What are implied rights? What is our implied right?
Rights that are not explicitly stated in the Constitution, however they do exist. Freedom of political communication.
What does a “reform” mean in the context of human rights?
A change or improvement to laws or systems to better protect rights.
What was the High Court’s decision in the Roach case?
The blanket ban on all prisoners voting was unconstitutional, but restrictions on prisoners serving 3+ years were valid.
Name one human right included in the UDHR.
Right to life, freedom of speech, freedom from torture, etc.
Explain one way international treaties influence human rights protection in Australia.
Parliament often passes laws that reflect treaty obligations (e.g. Racial Discrimination Act 1975 after ratifying the CERD treaty).
What is the role of the Victorian Charter of Human Rights and Responsibilities?
To protect and promote human rights in Victoria, and require Parliament, government and courts to act consistently with those rights.
Name one possible reform to improve protection of the right to vote.
Lower voting age to 16, expand access for remote communities, online voting, allowing all prisoners to vote
Why was Roach still unable to vote after her case?
Because she was facing over 3 years in prison
Why was the UDHR significant?
It set global standards and influenced countries, including Australia, to recognise and protect human rights.
Give one example of how Australia has shown commitment to international human rights standards.
By signing and ratifying treaties like the International Covenant on Civil and Political Rights (ICCPR).
Explain one limitation of how rights are protected in Australia.
Rights are not in a single bill of rights, so they can be limited or changed by Parliament.
What is one weakness of relying on Parliament to reform human rights protections in Australia?
Rights can be limited, removed, or changed by a simple majority in Parliament.
Why is the Roach case significant for the protection of rights in Australia?
It confirmed that the Constitution provides some protection of the right to vote and showed individuals can influence rights through the courts.