Victorian Charter of Human Rights and Responsibilities
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The Charter of Human Rights and Responsibilities Act 2006 is an
Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
of the state of
Victoria, Australia Victoria is a state in southeastern Australia. It is the second-smallest state with a land area of , the second most populated state (after New South Wales) with a population of over 6.5 million, and the most densely populated state in Au ...
, designed to protect and promote human rights. It does so by enumerating a series of
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
, largely developed from those in the
International Covenant of Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom ...
, along with a number of enforcement provisions. The Act came into full effect on 1 January 2008 and may operate in a similar way to the UK's
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...
or the Canadian Bill of Rights.Joseph E. Magnet
''Constitutional Law of Canada'', 8th ed., Part VI, Chapter 1
Juriliber, Edmonton (2001). Retrieved 18 March 2006.


About the act

The Act protects twenty one fundamental human rights, including: * Right to recognition and equality before the law (section 8) * Right to life (section 9) * Right to protection from torture and cruel,
inhuman or degrading treatment Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention ...
(section 10) * Right to freedom from forced work (section 11) * Right to freedom of movement (section 12) * Right to privacy and reputation (section 13) * Right to freedom of thought, conscience, religion and belief (section 14) * Right to freedom of expression (section 15) * Right to peaceful assembly and freedom of association (section 16) * Right to protection of families and children (section 17) * Right to taking part in public life (section 18) * Cultural rights (section 19) * Property rights (section 20) * Right to liberty and security of person (section 21) * Right to humane treatment when deprived of liberty (section 22) * Rights of children in the criminal process (section 23) * Right to a fair hearing (section 24) * Rights in criminal proceedings (section 25) * Right not to be tried or punished more than once (section 26) * Retrospective criminal laws (section 27)


History

Australia is the only democratic country in the world to not have a Bill of Rights (or similar protections). In order to go some way toward addressing this, in 2005 the
Australian Capital Territory The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. ...
(ACT) undertook steps to implement the
Human Rights Act 2004 The ''Human Rights Act 2004'' is an Act of the Australian Capital Territory Legislative Assembly that recognises the fundamental human rights of individuals. Ratified by the Australia Capital Territory (ACT) Legislative Assembly on the 1 July ...
to formally protect ''de facto'' freedom, respect, equality and dignity in the jurisdiction. The Victorian Labor
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
, in 2005 under the
Bracks Ministry The Bracks Ministry was the 65th ministry of the Government of Victoria. It was led by the Premier of Victoria, Steve Bracks, and Deputy Premier, John Thwaites. It succeeded the Kennett Ministry on 20 October 1999,Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...
.
Attorney-General of Victoria The Attorney-General of Victoria, in formal contexts also Attorney-General or Attorney General for Victoria, is a minister in the Government of Victoria, Australia. The Attorney-General is a senior minister in the state government and the Firs ...
Rob Hulls Rob Justin Hulls (born 23 January 1957) is a former Australian politician who was a member of the Victorian Legislative Assembly from 1996 to 2012, representing the electorate of Niddrie. As well as serving as the Deputy Premier of Victoria, ...
argued that a Bill of Rights would "strengthen our democracy and set out our rights in one accessible place." After community consultation, including input from the
Australian Human Rights Commission The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but opera ...
, the act was introduced and debated in Parliament on 2 May 2008. The Victorian Charter of Human Rights and Responsibilities Act 2006 received
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on 25 July 2006 and came into full effect on 1 January 2008.


Limitation and jurisdiction

Some believe that as it originates in Victoria the Act does not provide protections outside of Victorian 'jurisdiction'; any federal legislation takes precedence regardless of the infringement of any rights. However, the constitution does not allow discrimination between the states. There is effectively no 'state-based jurisdiction', only federal. To the extent that the charter aligns with the constitution, it applies in all states. The charter also affords Parliament the power to suspend or infringe rights in exceptional circumstances, such as when facing a serious security threat or a state of emergency. Courts do not have the authority to strike down impeding legislation, but are able to interpret statutory provisions in a way that is compatible with human rights.


References

{{Victorian Aborigines Victoria (Australia) legislation 2006 in Australian law Human rights legislation Human rights in Australia 2000s in Victoria (Australia)