Inquiry into Australia’s Human Rights Framework – Parliamentary Committee Report
On 30 May 2024, the Parliamentary Joint Committee on Human Rights reported on its Inquiry into Australia’s human rights framework and recommended the adoption of a federal Human Rights Act.
As part of our advocacy work, the University of Newcastle’s Centre for Law and Social Justice (CLSJ) made two submissions to the Inquiry (submissions 185 and 185.1). One research-informed submission was focused broadly on proposed reforms to Australia’s human rights framework, and the other submission was focused particularly on the human right to education in Australia. The Centre’s submissions demonstrated the need for a comprehensive human rights framework, including the adoption of a national Human Rights Act, to guide decision making, prevent breaches of human rights, and establish appropriate mechanisms to resolve human rights complaints.
The Parliamentary Committee received 335 submissions. Despite the high volume of submissions, the inquiry Report acknowledged the Centre for Law and Social Justice’s contributions with 25 citations, demonstrating significant policy impact. The Parliamentary Committee particularly noted the Centre’s input regarding the rights of children and young people, LGBTQIA+ people, business and human rights, human rights in the context of the COVID-19 pandemic, the role of the Australian Human Rights Commission, and evidence that existing mechanisms are insufficient to adequately protect and promote human rights.
The CLSJ submissions provided essential context to the Parliamentary Joint Committee by demonstrating ‘a liability deficit’ or ‘accountability gap’ between businesses generating profits from unethical supply chains responsible for human rights harms (Inquiry report, page 53). The Parliamentary Report referred to this evidence when acknowledging the concerns associated with the absence of a comprehensive human rights framework:
The Centre for Law and Social Justice considered the disparate approach ‘sends mixed messages about [Australia’s] human rights commitment to both domestic and global constituencies’’ (Inquiry report, page 65).
The CLSJ submissions provided extensive evidence on how comprehensive human rights reform could deliver real-world benefits to Australian people, particularly the most vulnerable. The Committee’s report cited these contributions with particular attention to the gaps exposed during the COVID-19 pandemic:
The Centre for Law and Social Justice expressed concern that the sudden shift to remote learning … ‘exposed the unequal resources available to families and schools within Australia’s education system,’ which ‘highlights the limitations’ of a federal decision-making framework that fails to engage with fundamental human rights (Inquiry report, page 67).
The Committee’s report also cited the Centre’s commentary around the establishment of a human rights complaint mechanism as part of a comprehensive human rights framework (Inquiry report, pages 198 & 210). This acknowledgment of the Centre’s submissions is evidence of the Centre’s capacity to make practical contributions to assist with the development of a human rights framework.
CLSJ submissions recommended the implementation of a Human Rights Act for Australia that reflects the full range of Australia’s international legal obligations, and that human rights law reform attends to the rights of the most vulnerable people and communities in Australian society. In alignment with the Centre’s recommendations, the Committee recommended ‘comprehensive and effective protection of human rights in legislation, through the establishment of a Human Rights Act.’ It is encouraging to see the Centre having influence on policy recommendations so soon after its launch in 2022, and a testament to the quality of the research contributed by Centre Members.
The Centre for Law and Social Justice continues to undertake educational initiatives to promote human rights awareness in the community. For example, the Centre runs an annual Youth Forum to bring together young people from across the Hunter region to discuss a specific human right and the obstacles preventing young people from accessing that human right. These events are coordinated in collaboration with Australian Lawyers for Human Rights. The Centre for Law and Social Justice is one of 103 partners in the Human Rights Act Campaign convened by the Human Rights Law Centre.
The Parliamentary Joint Committee on Human Rights report can be accessed here.
Centre for Law and Social Justice Submissions 185 and 185.1 can be accessed here.
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