The Victorian Charter of Human Rights and Responsibilities: Does it Protect and Uphold Human Rights?
Upholding human rights is essential for ensuring a fair and equitable society. In 1966, Australia and a majority of the world’s nations signed on to the International Covenant on Civil and Political Rights (ICCPR). After the atrocities committed in World War II this seemed like a positive step for ensuring acknowledgement and respect for the rights and freedoms of all people. However, the means of enforcing human rights is not a straightforward process. In response to ratifying the ICCPR, Australia set up the Australian Human Rights Commission. However, after a number of failed attempts, it has not followed through with implementing a human rights bill. Nevertheless, two jurisdictions have passed human rights into law: the ACT and Victoria. When the Victorian Government implemented the Charter of Human Rights and Responsibilities into law in 2006, they stated that:
“human rights are essential in a democratic and inclusive society that respects the rule of law, human dignity, equality and freedom”
(Victorian Government 2006).
That said, we still need to ask does the Victorian Charter of Human Rights comply with Australia’s international agreements. Specifically, does it provide adequate protection for human rights and does it remedy subsequent breaches? In this essay, I will answer this question. To achieve this, I will first identify and review the preamble and principles of the charter and outline the preliminary section of the charter. I will investigate the definition of a ‘Public Authority’ and outline the importance of the exclusions under this section. I will then focus on the primary mechanism in the charter, the statements...
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...ack of any remedy provided for breaches of human rights. Subsequently, I concluded that not only does the charter not protect the Human Rights; it legitimises breaches of Human Rights by officially acknowledging and accepting Human Rights breaches.
Works Cited
ICCPR (1966). International Covenant on Civil and Political Rights.
Kaczynska-Nay, E. (2009). "The Human Rights Act 1998: The UK 'Dialogue' model of Human Rights Protection." National Europe Cebtre Briefing Paper Series 1(1 (July 2009)).
Victorian Equal Opportunity and Human Rights Commission (2014). "Victoria's Charter of Human Rights and Responsibilities." Retrieved 20/04/2014, 2014, from http://www.humanrightscommission.vic.gov.au/index.php/2012-10-18-02-34-08/the-charter#how-are-breaches-of-human-rights-addressed.
Victorian Government (2006). Charter of Human Rights and Responsibilities Act 2006.
Australians by not clarifying it’s stance on it’s international obligations to Indigenous Australians or reflecting it’s international rhetoric and signature on UN conventions by implementing some in domestic law. This inadequacy in the development of Indigenous Peoples Land Rights in Australia has been declared by the Working Group on Indigenous Populations in July 1997, and highlights the Australian government policy regarding Indigenous Peoples Land Rights and may be argued as a denial of justice for Indigenous People by the Australian legal system. Australia can be said to be ineffective in achieving justice for Indigenous People due to it’s failure to recognise Indigenous Australians rights to land domestically by failing the Human Rights standards contained in international initiatives to which it is a signatory.
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Law Foundation, L.F. 1997. A Bill of Rights for Australia - But do we need it? [Online]. [20th December 2016]. Available from:
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Rice, S (2011) ‘Reflections on reforming discrimination laws in Australia’, Human Rights law Centre, viewed 4 October 2011, .
Declaration of Human Rights: Dignity and Justice for All of Us. Accessed on October 29,
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