Page 3316 - Week 08 - Wednesday, 22 August 2012
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that education meets the same standards as the rest of the educational system. The right extends to the right of parents and guardians to set up their own educational institutions which comply with minimum standards or to choose private schooling that provides education in line with their moral or religious convictions.
This aspect of the right to education as set out in this section does not mean that government schools must provide education for a child that meets the religious and moral beliefs of their parents. The amendment is being made in response to the suggestion by the Standing Committee on Justice and Community Safety, in its capacity as a scrutiny of bills committee, in order to avoid any ambiguity of interpretation of this immediately realisable aspect of the right.
Amendment agreed to.
MR RATTENBURY (Molonglo) (12.05 am): I move amendment No 3 circulated in my name [see schedule 3 at page 3327].
This is the one Mr Corbell has just spoken to. This is about the realisable elements of the legislation. This amendment strikes out the limited scope of the right as proposed by the government. The government’s proposal limits the right in a way that the Greens think is overly restrictive and unnecessarily cautious. We believe the Assembly would do well to omit subclause (3) as this amendment proposes.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services and Minister for the Environment and Sustainable Development) (12.06 am): As I have already indicated, the government does not support this suite of amendments from Mr Rattenbury. It is not the time now to introduce progressive realisation. Progressive realisation is a step too far in the context of an incremental adoption of economic, cultural and social rights, including the right to education, and the government cannot support the amendment at this time.
Amendment negatived.
Clause 6, as amended, agreed to.
Remainder of bill, by leave, taken as a whole.
MR RATTENBURY (Molonglo) (12.06 am), by leave: I move amendments Nos 4 and 5 circulated in my name together [see schedule 3 at page 3327].
These amendments are aimed at strengthening the step the ACT is about to make into a bolder and more confident step. The government’s proposed new definition on human rights effectively excludes the right to education so that public authorities are not required to act in consideration of the relevant human rights when making decisions. As I have touched on in some of my earlier remarks, the Greens believe this is an overly cautious approach and through these amendments would require officials to take account of the right to education when making decisions.
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