Response to Discussion Starter 2 - by Catholics in coalition for Justice and Peace, Sydney
To be on not to be
If no, why?
If yes, what, how? And where do we put it? Ie with regard to the Constitution.
Other countries and Bill of Rights
More recently
- Canada
- New Zealand
- South Africa
- Hong Kong
- India
- Pacific Islands
- European Union
- United Kingdom
In Australia
- Can you name rights beign diminished or ignored, at present?
- If we were developing a bill of Rights, name the main themes you would want in it.
- If you are passionately against it, name clear reasons why. Are there ways we need to improve the present situation?
Situation in Australia
Like others related to the UK, Australia has relied on the "common law" with a tradition of justice and rights.
Has developed complex laws, often state based re:
- discrimination
- harassment
- vilification
- bullying
- In 1984, the Human Righs and Equal Opportunities Commission established
- Have committed to honour international human rights
- Have fine record on human rights???
What about globalisation of human rights?
Australian Bill of Rights:
- Needs to clear / not determined by government
- need to be enforced locally
- Environment rights
- Freedom of religion for all.
- Bill of Rights and Responsibility
- Value
- European Bill of Rights. Quote our document.
- United Naitons Declaration of Human rights is not enforceable
- should be.
- Inclusive language.
Group 1
Rights and Responsibilities
Alternative fundamental freedoms
Definitions and context of rights
Rights / freedoms vs morality eg right to bear arms
Prevent abuse of power / protect the vulnerable
What rights / freedoms should include all citizens
All those in groups 4 and 5
Clean air and water.
Group 2
Right to:
- a just, basic income
- adequate health, housing, education
- respect for all forms of life and the natural world
- strike, assembly, association
- a fair trial
- fair representation
- free speech and information
Refugees. Mandatory sentencing.
Group 3
More chance of getting the Bill of Rights included in the Preamble than trying to change legislation
- more of a peoples movement
- there is value in the process.
Rights in a context in acknowledgement of responsibility globally.
Group 4
Rights and responsibilities
- Freedom of speech
- powerful people
- threatening
- Association
- belong / not belong
- Religion
- inclusive / rather than divisive
- Housing / shelter
- Education
- Living Wage
- Healthy environment
- Asylum seekers / refugees
- discrimination / detention
- Withhold labour
- Privacy
- Communication & information - ABC
Mechanism for ongoing evaluation
Group 5
Tension between freedom of speech and racial vilification.
- Rights have to be protected eg refugees
- OZ not honouring international treaties. How can you be a legal refugee?
We are singlual in the way we detain (imprison) them. Refugees become criminals. This is racial discrimination. Capital - loosely regulated. People not. Religious persecution is real. Not appreciated in OZ. Future will present new demands on our migration program.
- Right to Development is urgent in dying areas in Australia too.
- Government has no political will to support development.
Bill of Rights puts "privileges" in perspective - dole bludgers, tax evader.
Children of prisoners need protection.
Our adversarial legal system can cover up issues. However, more lawyers doing pro bono work …
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