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More welcome Qld’s introduction of Human Rights Bill
More legal professionals have backed the Queensland government’s introduction of a Human Rights Bill, noting that it’s an important message to send to other states and territories.
Emma Musgrave
Last week, news broke that the Queensland government had tabled a Human Rights Bill in State Parliament, with the aim to introduce a Human Rights Act for Queensland that will protect a “broad range of fundamental human rights”, as well as hold public entities responsible for protecting those rights.
Others have since shown their support also, with the Australian Lawyers Alliance saying that the legislation is expected to improve the lives of some of the most vulnerable people in society.
“We applaud the Queensland government for introducing this legislation,” said Greg Spinda, Queensland state president of ALA.
“All Queenslanders will benefit from having their rights protected in law. Based on the experience in Victoria and ACT, people with disabilities, those facing homelessness and Aboriginal and Torres Strait Islander people in particular will benefit from the bill.
“We are particularly pleased that the Queensland government has included the right to education and the right to health services in the bBill. The inclusion of these economic, social and cultural rights makes this the strongest legislative human right charter enacted in Australia to date.”
Mr Spinda noted that ALA will work with the government to “facilitate the passage of this important legislation in a form that ensures the strongest human rights protections for all Queenslanders, particularly those in custodial settings”.
He added that a Queensland Bill of Rights will ensure that public authorities are required to consider the impact on everyone’s human rights when making decisions and developing legislation.
“We are also pleased to see that this bill includes an avenue for people to complain to the Human Rights Commission if they feel their rights have not been respected,” Mr Spinda said.
“This is an accessible and practical mechanism to address complaints and goes a step ahead of the human rights laws currently in place in both Victoria and the ACT.
“Human rights laws are positive and effective mechanisms for safeguarding the dignity and wellbeing of everyone. We encourage other states and territories, and the federal government, to consider the broader introduction of these types of laws.”
Human rights lawyers at the University of Queensland Law School have also backed the move, publicly stating that they welcome the legislation as it will “bring dignity, respect and fairness to the lives of many, and will complement existing human rights measures”.
“When faced with legal problems, people often view the law as something that is against them rather than something that is there to protect them,” human rights lawyer and UQ researcher Professor Tamara Walsh said.
“It is important that our law and legal processes are supportive of people who are struggling through no fault of their own, often as a result of disability, low income or homelessness.
“A human rights act can balance out some of the negative impacts the law can have on people’s lives.”
Associate professor Peter Billings offered a similar sentiment, noting that the act aims to embed a human rights decision-making framework within all bureaucratic processes.
“It will reform the way decision makers view their responsibilities and has the potential to improve the way our society treats its vulnerable citizens,” Dr Billings said.
“However, a Human Rights Act cannot promote and protect human rights effectively unless it is accompanied by strong political leadership, a systematic education and ongoing training program for public officials and judiciary, and accessible complaint handling.”
Meanwhile, Professor Anthony Cassimatis said that the act will enhance the state’s compliance with international human rights obligations, including in health and education.
“Human rights protections for privacy are also increasingly important as mass surveillance technologies continue to be developed,” Professor Cassimatis said.
A statement from the law school said it too will work with policy makers and government next year to “help agencies implement the act, by hosting seminars and workshops in human rights implementation”.
Emma Musgrave
Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.
Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences.
Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.
She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University.
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