Kirby calls for Human Rights Law

The Honourable Michael Kirby says it is shameful that Australia is the only western democracy without a national human rights law.

Speaking at the inaugural Michael D Kirby Annual Human Rights Forum at Murdoch University on Wednesday, October 21, he said the recently published National Human Rights Consultation report presented Australia with an important opportunity and challenge.

“Only last week, the federal government announced its acceptance of a recent major report by the Australian Law Reform Commission on privacy protection,” Hon Kirby said.

“Overwhelmingly, the recommendations of the Commission were adopted and will form the basis of proposed laws for introduction next year into the federal parliament.”

Over 35,000 Australian citizens expressed their views as part of the Consultation.

“Over 85 per cent of those who made submissions called for the adoption of human rights legislation to strengthen and protect human rights in this country,” Hon Kirby said.

He added that in some respects Australia has had a poor record in the protection of fundamental rights and that some of the opposition to human rights laws came from suspect sources including politicians and media outlets.

“Australia needs to face the fact that the international treaties we have adopted and ratified impose on Australia an obligation to provide legal protections for human rights in this country.

“We must enshrine our basic civic freedoms not only to keep faith with the international community and to restore Australia’s name as a leading member of that community and as a good example to the world.

“More fundamentally, we must do this for the fulfilment to our international obligations to our own people.”

Hon Kirby said Australia’s history had been repeatedly marked with unfortunate illustrations of injustice to groups of people including Aboriginals, women, Asian immigrants, homosexuals, prisoners and refugees.

He said a human rights law could stimulate the parliament to correct injustice and inequality.

In closing Hon Kirby said that if Australia did not adopt the recommendations of the Consultation then the adoption of human rights laws would probably not be incorporated in our lifetime.

“I hope the outcome of the Consultation will be the adoption of a federal charter or statue of rights, actionable in the national’s independent courts.

“We can trust Australia’s courts to get such decisions right, to learn from the judges of other countries and to use their role to strengthen our parliamentary democracy by making it truly attentive to equal justice under the law of all Australians.”

Hon Kirby was awarded an Honorary Doctorate of Laws by Murdoch University in March for leaving a remarkable and lasting legacy to the legal profession in his career spanning more than 40 years.

Listen to a recording of Hon Kirby's speech.