Former Australian Human Rights Commission president Gillian Triggs has renewed calls for the creation of an Australian charter of rights, in a bid to prevent “egregious” breaches of international humans rights law by federal parliament.
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In a wide-ranging speech in Bendigo this week, Professor Triggs outlined how a charter could protect the rights of vulnerable members of the community.
“Australia is the only democracy in the world that does not have a charter of rights,” she said.
“I think it is time we looked at a legislated charter to provide us with a benchmark to give the courts the power to ensure we meet the fundamental principles of common law and international human rights law.
“The kinds of rights that most Australians would think would be in our constitution - the right to freedom of speech, freedom of association, privacy, the right not to be detained arbitrarily without charge or trial – are not in the constitution.”
Referencing the “unlawful” detention of asylum seekers on Nauru and Manus Island, Professor Triggs said public opinion was beginning to demand greater protection of civil liberties.
“There is no evidence whatsoever that you need to detain children for five-and-a-half years on Nauru to stop the boats. We do not need to protect our borders at the cost of the lives of people that are on Manus Island and Nauru and in Australian detention centres,” she said.
“I believe that Australians now are saying that whatever your views politically, or about border security, we now have evidence that suggests about 80 per cent of Australians say that is enough, five-and-a-half years on Nauru is enough, it’s now time to address that problem.
“We need now to face the fact that this is our responsibility, our duty of care.”
Professor Triggs – speaking at an event organised by a partnership of Goldfields Libraries, Loddon Campaspe Community Legal Centre, Arc Justice and Melbourne University Publishing, said the charter of rights would provide the courts with “more tools to be able to challenge egregious breaches of intentional humans rights law by parliament and the expansion of executive powers”.
The academic also highlighted the need to address “shocking” rates of domestic violence in Australia, the recent public shaming of women in positions of power, and the high rates of incarceration of Indigenous Australians.
“I haven’t given up on the law and I haven’t given up on those values that were so important to Australians from the 1940s up until the 1990s,” she said.
Executive director of the Human Rights Law Centre Hugh de Kretser and Editor of The Conversation Misha Ketchell also spoke at the event, held at the Capital Theatre.
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