Frequently Asked Questions (FAQs)

Why did we hold a National Human Rights Consultation?

Because we wanted you to share your views about human rights in Australia. It was time to take a look at the way Australia currently looks after human rights and consider a range of ways we can protect and promote human rights in the future. The National Human Rights Consultation provided an opportunity for people to have their say about human rights.

The Committee sought to find out which human rights you wanted to have protected, whether you thought that our current system of human rights protection was good enough, and what you would like Australia’s human rights framework to look like in the future.

What was the National Human Rights Consultation about?

The National Human Rights Consultation was designed to seek the community's views about human rights in Australia. The National Consultation focused on three key questions:

  1. Which human rights and responsibilities should be protected and promoted?
  2. Are these human rights currently sufficiently protected and promoted?
  3. How could Australia better protect and promote human rights?

The Consultation ran from 10 December 2008 until July 2009. The last date for submissions was 15 June 2009.

After listening to the views and ideas of the Australian people, the Consultation Committee has been asked to report to Government on what they have heard by 30 September 2009.

Who ran the National Human Rights Consultation?

The independent National Human Rights Consultation Committee was appointed to conduct the National Human Rights Consultation. The Committee was supported by a Secretariat in the Attorney-General’s Department. The Consultation Committee consists of Father Frank Brennan (Chairperson), Mary Kostakidis, Mick Palmer, Tammy Williams and Phillip Flood.

Can I still send in a submission?

No. The deadline for sending in a submission was 15 June 2009 and no late submissions will be accepted.

Can I still attend a community roundtable?

No. The last community roundtable for the consultation was held in Tennant Creek on 10 June 2009. You can read about the roundtable consultations which were held in over 50 locations across Australia.

What are human rights?

Human rights are about equality and fairness for everyone. We all have human rights regardless of where we are from, what colour our skin is, what language we speak, what religion we practise or any other status. Some common examples of human rights include the right to life, right to equality before the law, right to freedom of expression, right to work and the right to education.

How do human rights relate to me?

Human rights are vital to our lives every day.

Human rights help our society operate the way we expect it should. For example, we all know that:

  • we can’t be put in gaol without a good reason - this relates to our right to be free from arbitrary detention as well as human rights principles of due process
  • we can’t be fired from our job because of where we come from - this would be discrimination
  • all children can attend school - this is our right to education
  • we are free to follow whatever religion we want - this is our right to freedom of religion, and
  • we can’t be locked up because we speak out against our Government - this is our right to freedom of expression.

It doesn’t matter whether we are male or female, rich or poor, we all have human rights.

What is the Universal Declaration of Human Rights?

The Universal Declaration of Human Rights (UDHR) is the most famous human rights instrument. It is the foundation for many countries’ human rights frameworks. Australia’s own Doc Evatt played an important role in drafting the UDHR when he served as President of the UN General Assembly in 1948-1949. The UDHR sets out the main civil, cultural, economic, political and social rights that everyone has, no matter where we come from or who we are. It is supported by over 150 countries around the world. The UDHR includes human rights such as the right to life, freedom from torture or cruel, inhuman or degrading treatment or punishment, the right to a fair trial and the right to an adequate standard of living.

Which international human rights instruments does Australia uphold?

Australia has agreed to uphold the human rights standards set out in a number of international treaties and declarations, including:

  • the International Covenant on Civil and Political Rights (ICCPR)
  • the International Covenant on Economic, Social and Cultural Rights (ICESCR)
  • the Convention on the Rights of the Child (CRC)
  • the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
  • the Convention on the Elimination of All Forms of Racial Discrimination (CERD)
  • the Universal Declaration of Human Rights (UDHR)
  • the Convention Against Torture (CAT), and
  • the Convention on the Rights of Persons with Disabilities (CRPD).

This means that Australia is obliged to give effect to the human rights obligations contained in these documents.

What is the Australian Human Rights Commission?

The Australian Human Rights Commission (formerly known as the Human Rights and Equal Opportunity Commission) is Australia’s national human rights institution. The Commission works to promote and protect human rights through education, handling human rights complaints and advising the Government on human rights policies and legislation development.

See the Australian Human Rights Commission website for more information.

Is this National Human Rights consultation only about a bill of rights?

No. This is an open and broad-based consultation. The National Human Rights Consultation is an opportunity for you to share your views about many different ways that Australia can protect human rights in the future. This might include raising awareness of human rights in Australia, increasing parliamentary scrutiny of new laws or perhaps even leaving our human rights system the way that it is. A piece of national human rights legislation is only one option for the future of human rights in Australia.

Where can I go to learn more about human rights?

On this website, you can read more about human rights in our National Human Rights Consultation Background Paper.

You can also find out more from the Australian Human Rights Commission, the United Nations Office of the High Commissioner for Human Rights or from your State and Territory anti-discrimination, human rights or equal opportunity body.

Stay tuned to this website for news about the National Human Rights Consultation as we travel around the country.

What can I do if I have a human rights complaint?

Each State and Territory has an anti-discrimination, human rights or equal opportunity body. If you feel that you have had your human rights breached, contact your local body or alternatively, contact the Australian Human Rights Commission.