Page 2760 - Week 10 - Tuesday, 14 August 1990
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Mr Stevenson alleged paragraph 3 of article 14 made it possible for an extremist federal government to control religion, pretending that it was legislating for public order. The paragraph states that freedom to manifest one's religion or beliefs may be subject to limitations. These limits may be set by law for the protection of public safety, order, health, morals or the fundamental rights and freedoms of others. In reply, I simply draw Mr Stevenson's attention to the constitution of the Commonwealth of Australia, particularly section 116 which states:
The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion ...
Article 15 concerns the rights of the child to freedom of association. Here Mr Stevenson's objection was that, if adopted, it would allow children to associate freely with prostitutes, deviates and perverts. Mr Stevenson again has failed to notice paragraph 2 of the article in question. A child's freedom of association is limited by laws, particularly those relating to national security, public safety, protection of public health and morals and rights of others. Furthermore, the rights granted by article 15 are subject to the guidance and protection of the parent guaranteed under article 5.
I think I have now covered all the areas in the draft convention considered by Mr Stevenson to be objectionable. Before I discuss more general matters, I will touch on article 6 which may be of general interest to members. This article deals with a child's inherent right to life. I have been advised by the Commonwealth Attorney-General's Department that because a child is defined as a human being below 18 years, and the term "human being" is not defined, the convention does not explicitly favour the pro-life, nor the abortion lobby. Each country must determine the meaning of article 6 according to its own laws. In the ACT the law relating to abortion is the same as it is in New South Wales, except that the Termination of Pregnancy Act 1978 makes it an offence for a medical practitioner to terminate a pregnancy, other than in a hospital conducted by the capital territory health commission. The termination of a pregnancy is not an offence where it is performed by a medical practitioner who has an honest belief, on reasonable grounds, that the operation is essential to preserve a woman's life or her physical or mental health, and the operation is not out of proportion to the danger to be averted.
Finally, I would like to say a few words about procedures for future ACT responses to the Commonwealth on matters of international concern. It is the Commonwealth Government's exclusive constitutional power to enter into international agreements. However, the federal nature of Australia means that the Commonwealth prefers not to ratify international
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .