AUSTRALIAN BILL OF RIGHTS
Present: Loraine, Georgina, Jo, Darren, Lorien
Facilitator: Loraine
Notes: Darren and Lorien .
(i) General discussion around the notion of a Bill of Rights:
· A Bill of Rights is a symbolic document which sets the benchmark for
a country's maintenance of rights. But how readily achievable do its goals
need to be? If we set them too low, the status quo is provided with undue
justification. If we set them too high, there is perhaps a danger that
the notion of a right as something essential and inalienable in every
human being, might lose its universal credibility and appeal. Rights would
then be more akin to values. In that case, would a minimalist, 'universal'
Bill of Rights be best? We agreed there are problems with this notion,
because different communities have their own customs which need to be
interpreted within their own cultural context.
In order to maintain rights, responsibility for doing so must be allocated,
along with the necessary resources. How could we ensure that the huge
practical commitments necessary to guarantee some of these rights, are
in fact carried out?
The New Zealand Bill of Rights applies to acts done by government or
the judiciary. But how effectively does it cover the absence of adequate
government action to uphold these rights?
Is there a conflict between individual and community rights? Which should
be primary? Communities should have some authority to decide what set
of rights they believe in. But what happens when communities conflict,
or individuals within the community do not accept the community's standards
of rights?
Should a Bill of Rights be unanimously endorsed by all inhabitants of
a country? Should it also be endorsed by the international community?
Given how multicultural Australia is, we need to be careful of judging
others by our standards. An Australian Bill of Rights should be broadly
acceptable to all Australians, and allow enough scope for communities
to carry out their particular customs according to their values.
(ii) What should an Australian Bill of Rights contain?
We agreed that individual and community rights and expectations are
diminishing in Australia, and proceeded from this premise. Most of our
rights abuses occur amongst the Indigenous and refugee populations. This
gives practical credibility to the notion of community rights, in that
entire communities suffer abuses of their rights, and addressing individuals
only is ineffective and short-sighted.
We sought to include rights mentioned in the Discussion Starter Kit,
amongst othres, as long as there did not appear to be any serious reason
not to. They are not listed in any particular order of priority. There
are important questions to address about potential conflicts between various
of these rights in some situations.
Right to Associate Freely
Primarily, threatened in the workplace, with a reduction in collective
bargaining powers and other instruments to weaken unions. In addition,
recent police powers to search groups of three or more young people were
cited as an infringement of this right.
We consider this to be a vitally important right in a democracy. Maintaining
this right means not just making it legal to associate, but also ensuring
that people are not impeded from joining associations, eg. through attitudinal
or social barriers.
Right to Assemble Peacefully
This is closely linked to the right to associate, and would be generally
covered under that right.
Right to Shelter
As one of the basic needs, the right to shelter is critical.
There are problems with public housing, around concentration of social
disadvantage and crime, and the sheer provision of resources. Also the
potential for some people to abuse the system. It would be necessary to
make a commitment to address these problems.
Could be implemented as a serious amount of rent assistance.
Right to Education
Would need to include alternative forms of education, eg. homeschooling,
if it was compulsory.
Education should be free until Year 12.
Consider what is meant by education, what it covers both 'practical'
and 'non-practical' kinds of education, and their complementary importance.
Right to a Fair Trial
This is a critical right in a democracy. Includes an open court process,
adequate legal assistance, accessible information. Potentially also greater
peer assessment (jury power). · Consider the adequacy of current punishments
as rehabilitative mechanisms.
Right to a Minimum Living Income
Everyone is entitled to a minimum allocation of personal resources as
citizens of Australia.
Preferable to a 'right to a fair wage', which applies to workers only.
For workers, we would also include the protection of other work conditions.
· A minimum cash income (including for example, improved rent assistance)
is preferable to a coupon system, because the latter has serious problems
with privacy and stigmatisation.
Right to Health Care
A basic right necessary to guarantee our standard of living. Should
not just be 'adequate' but 'optimal' health care, for critical health
problems only, regardless of age.
Right to Withhold Labour
We were not certain about the practical form this would take, and did
not consider it a high priority.
Right to Privacy
While some people find it handy to be targeted by marketers, in general
this information should only be provided voluntarily. Other data, such
as genetic status, marital status, sexual orientation, are all critical
and must be safeguarded.
Right to Information and Communications
This would include a free and open media, with appropriate watchdogs,
and supplemented by an accountable state media network. This is essential
to maintaining an open political process and ensuring that all Australians
can participate in democracy. Information also provides individuals with
greater ability to make positive choices in their lives.
Right to Euthanasia
With the necessary safeguards applied, this right gives individuals
more control over their lives.
Indigenous Rights
Should be recognised as a distinct component of an Australian Bill of
Rights, incorporating commitment to enable Indigenous people to participate
equally in Australian society while also accessing their customary laws
and lands.
Right to Equal Treatment
In other words, the right not to be discriminated against on the basis
of colour, gender, religion, sexual orientation, disability, etc.
Right to Participatory Democracy
A critical right to safeguard, perhaps even an obligation.
Right to Human Dignity
Encompasses the implementation of all the other rights aforementioned.
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