Business Blockbuster - Helpng business to be more visible on Google

Daily Bulletin

Human rights don’t matter in our public debate – but they should

  • Written by: The Conversation
imageThe determined avoidance of reference to human rights is a tactic, by both sides of politics, to avoid accountability.AAP/Mick Tsikas

Human rights is largely absent from public policy debate in Australia. Quite simply, human rights don’t matter when public leaders and commentators assess the merits of policy and laws. That is both remarkable and entirely understandable.

It is remarkable for two reasons. One is that human rights do matter in public debate in nearly every other country. The US is an exception – its “rights” discussion refers almost exclusively to its own arcane, idiosyncratic and irrelevant-to-Australia “Bill of Rights”. Elsewhere, public debate is informed by international human rights guarantees, translated into local law.

That leads to another reason why the absence of human rights in public debate in Australia is remarkable. Australia has signed up to those same human rights guarantees and it reports regularly to the United Nations on its compliance with its international obligations. So, Australia declares to the world its support for human rights, but it scarcely refers to the idea in its own affairs.

But that is understandable. No-one is inclined to refer to human rights in public debate in Australia when its leaders either avoid the idea or attack it, and the news media are silent on it.

Why is this so?

Why, if there is a global idea which a country has officially adopted, does it reject it?

The answer lies, in part, in power and control. The determined avoidance of reference to human rights is a tactic, by both sides of politics, to avoid accountability. Human rights are an identifiable, globally acknowledged, documented and systematic set of standards for state conduct.

A government can choose – as the ACT and Victorian governments have done – to hold themselves accountable to such standards. But successive federal governments steadfastly refuse to do the same.

This leaves the public debate without any grounding. In the current debate over stripping dual nationals involved in terrorism of their citizenship, the news media has latched on to “unconstitutional” as a measure of legitimacy for the proposal.

Government MP Luke Simpkins conceded:

The only question on our side has been whether it would be subject to a High Court challenge.

Actually, no, that is not the only question. The Parliamentary Joint Committee on Human Rights, for example, will ask a ‘human rights’ question of the proposal, as it does of every proposed new law. Occasionally, the committee’s human rights analyses are noticed, but for the most part public policy debate is stuck on partisan arguments of what is claimed to be “common sense”, or passing the pub test.

There remains the possibility that the stripping of citizenship will operate retrospectively. No doubt the Intelligence and Security Committee would consider “legal views” on the issue, but the position under Australia’s international obligation is unequivocal: the law is never permitted to impose a penalty retrospectively for conduct that was not unlawful at the time. A law that does so violates an absolute and fundamental human right.

The role human rights can play

Most policy debate can be informed by human rights considerations. These include wages for people with disabilities, higher education funding, same-sex marriage, national security measures, data retention and so on. For each of these, human rights standards offer a universal point of reference for public debate.

However, it is much easier for a government to exercise power by avoiding or delegitimising identifiable criteria for accountability. This means that battles for ideas and values take place on shifting territory, where language can change, perspectives can switch, and interests can be variously promoted and sidelined.

The system and language of human rights are far from being the crude “trump” and international directive that they are demonised as. Much of the apprehension about human rights in public debate stems from the lack of familiarity and understanding.

A human rights debate about, say, metadata laws identifies competing concerns for public safety and privacy, and engages in a systematic process of reconciling the two to ensure that both are met to the greatest possible degree.

Similarly, a human rights assessment of industrial laws will reconcile competing concerns for economic efficiency and freedom of association.

This type of human rights thinking is not hard. Politicians, bureaucrats and service providers in the ACT and Victoria are becoming well used to it under their local human rights laws. But human rights thinking is threatening to those who wish to avoid having to account for their conduct against clear and widely accepted criteria.

So, human rights don’t matter in public debate in Australia because they are treated – by those who are threatened by them – as if they don’t matter. This doesn’t – and I can’t – explain why the news media and public commentators do not turn to human rights standards as a point of reference.

There is no shortage or material for the media to work with. The Australian Human Rights Commission, the Parliamentary Committee on Human Rights and the Human Rights Law Centre are just three sources of human rights analysis of current policy.

The response to a challenge to a policy proponent that a proposal appears to breach Australia’s human rights obligations should be telling. The answer can only be “I don’t care”, or “No it doesn’t” – and the latter requires some explanation.

It suits both sides of politics to avoid having to explain themselves in human rights terms. It’s time they were called to account.

Simon Rice is the external legal adviser to the Parliamentary Joint Committee on Human Rights, and a donor to The Conversation.

Authors: The Conversation

Read more http://theconversation.com/human-rights-dont-matter-in-our-public-debate-but-they-should-43771

Business News

The Growing Demand for Durable Plastic Packaging Supplies Across Australia

Why Do Australian Businesses Need Reliable Plastic Packaging Supplies? Businesses need packaging that can withstand everyday handling, storage, and distribution without creating avoidable delays. Pla...

Daily Bulletin - avatar Daily Bulletin

Office Cleaning Melbourne: Choosing the Right Scope for Your Office

A well-planned office cleaning Melbourne arrangement starts with a clear understanding of the premises and the people who use it. An office may include private work areas, shared desks, reception, mee...

Daily Bulletin - avatar Daily Bulletin

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Plumbing Call-Out Fees in Perth Explained

When you hire a plumber to fix a problem with a dripping tap, leaking pipe, or whatever it might be...

Workshop Tool Maintenance: A Practical Guide to Drills, Sanders and Table Saws

A drill that strips every screw head. A sander that leaves swirl marks however long you work the pan...

How Architecture and Engineering Firms Can Improve Project Profitability

Project profitability remains one of the most persistent challenges for architecture and engineering...

The Blossoming World of Fresh Flower Delivery: An In-Depth Exploration

In recent years, the demand for fresh flower delivery in Sydney has soared, driven in part by the ...

How Penrith SMEs Can Keep Stock and Equipment Working for the Business

For Penrith SMEs in 2026, efficient inventory starts with reliable stock data: what is on hand, wher...

Cybersecurity Services and Solutions for Complete Digital Protection

Businesses leverage Cybersecurity solutions for protection against digital threats of the modern era...

What Australian Entrepreneurs Should Know About Streamlining Their Financial Processes

Running a small business in Australia demands much more than just delivering a great product or serv...

Supporting Joint Health in Young and Growing Horses

Anyone who has raised a foal through to a rising three-year-old knows how deceptively fast the gro...

Why Is My Switchboard Buzzing? What a Humming Breaker Is Telling You

Most people never hear their switchboard. It sits quietly in a cupboard, a hallway or a meter box ou...