Read The Times Australia

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

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Brid...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...