Page 1563 - Week 04 - Thursday, 29 March 2012
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The Human Rights Act has been a galvanising piece of legislation in enhancing our rights. The act has fostered the genuine culture of respect for human rights that we have in the ACT.
I commend public authorities on the steps they are taking to ensure human rights compatible legislation, policy and practices. The challenge over the next five years is to build on this strong groundwork through incremental improvements, taking into account community views, future policy developments and the prevailing legal landscape. By taking a step by step approach we can, over time, reap the benefits of a coherent and principled human rights framework for decision makers in which democracy and the rule of law are strengthened and in which human rights are actively debated and protected.
I look forward to continuing to implement a series of reforms arising out of the five-year review.
In considering the next steps forward for human rights protection in the territory, I am pleased today to also present the government’s response to the Australian Capital Territory economic, social and cultural rights research project report. The research team responsible for this excellent report was led by professors Hilary Charlesworth and Andrew Byrnes, who also led the work on the five-year review. This report is the first in Australia to examine how best to introduce economic, social and cultural rights in statute law and the likely impacts on governance in the ACT.
The report considers the scope of economic, social and cultural rights, particularly the rights of education, housing, health, work and cultural life, and the practical implications of including these within the Human Rights Act. The report provided the government with the in-depth analysis it required to consider the range of options available to the territory regarding the possible inclusion of economic, social and cultural rights in the ACT.
The report derives its conclusions and recommendations from academic scholarship, United Nations commentary, and recent policy and legislative experiences of comparable overseas jurisdictions that have introduced economic, social and cultural rights in various forms.
The research team also participated in roundtable discussions between human rights experts, senior ACT government and community sector officers, and members of the Assembly. The Government Solicitor provided advice on the model bill drafted by Parliamentary Counsel’s Office. Both the model bill and legal advice were released with the report.
When I tabled the report in December 2010 I committed to seek community feedback on the possibility of expanding the Human Rights Act. The consultation was held throughout last year and I am delighted to say we received considerable response demonstrating a continuing community engagement with the concept of human rights in our territory. The level of community feedback is itself a testament to the success of the Human Rights Act in fostering a dialogue about rights throughout our community.
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