Page 824 - Week 03 - Wednesday, 9 April 2014
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There is also an excellent article in the Age by Professor Sarah Joseph, the Director of the Castan Centre for Human Rights Law at Monash University. She says:
Governments must sometimes take positive steps to protect freedom. For instance, it enacts anti-discrimination law to prevent people from being deprived of opportunities on irrelevant grounds such as race or gender.
Professor Joseph points out that while the current commonwealth law restricts our freedom of speech, especially for bigots, it enhances countervailing freedoms. Indeed, she says:
Speech which humiliates or intimidates on a racial basis, particularly for those battered by it for much of their lives, can seriously restrict a targeted person’s perception of what they are able to do, or where they are able to go. Their freedom is practically inhibited. Yet such speech will be largely lawful if the proposed amendments are adopted, due to narrow definitions and very broad defences.
I also draw the Assembly’s attention to Professor Joseph’s very good point about the current commonwealth government’s inconsistent approach to freedom. She points out:
The government—
the current commonwealth government—
does not, for example, favour the freedom to marry a same-sex partner, the freedom to die voluntarily with dignity, or freedom from random spying by a friendly foreign government.
These are very important points to consider when the ACT government considers its submission to the current review of the Racial Discrimination Act. Indeed, it is hard to see why the proposed changes are needed when most complaints brought to the court under the current laws are dismissed.
We cannot walk away from Australia’s obligations to implement protection against racial hatred under the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. The first dot point in Dr Bourke’s motion today notes:
… that Canberra is one of the most multicultural Australian cities and that our community harmony, built on respect for diversity, our common humanity and fairness, underpins our social and economic wellbeing …
I would like to go to our multicultural strategy, which underpins and reflects the respect of all in our community and the strong, diverse community that we have. The ACT multicultural strategy’s vision is:
That the Australian Capital Territory is recognised as a leader in multicultural affairs and human rights.
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