Human Rights

Question 1

Constitution

Answer 1

The founding document that outlines how Australia is to be governed. It establishes the Commonwealth parliaments structure and law making powers

Question 2

Referendum

Answer 2

Method used for changing the wording of the Australian constitution / compulsory national vote in which everyone on the electoral role votes yes/no to alter it

Question 3

Double majority

Answer 3

A national majority of all voters in Australia and majority of voters in a majority of states

Question 4

Express rights

Answer 4

1. The right to receive just terms when property is acquired by the Commonwealth
2. The right to trial by jury for Commonwealth indictable offences
3. The right to free interstate trade and commerce
4. The right to freedom of religion
5. The right to not be discriminated against based on your state of residence

Question 5

Implied rights

Answer 5

• Implied rights are rights that are not explicitly stated in the wording of the Constitution but are considered (implied) to exist through interpretation of the High Court.

• Implied rights are also fully enforceable. This means a person or organisation that is negatively affected by legislation breaching the implied right can challenge the law’s validity in the High Court, so long as they have standing to do so.

• For example, although the Constitution does not explicitly state that Australians have the right to freedom of political communication, the High Court has decided that this freedom is implied and protected

Question 6

FoPC

Answer 6

The right to freedom of political communication empowers Australians to freely discuss and debate political issues, subject to certain restrictions.

Question 7

International law - right to freedom of religion

Answer 7

International treaties

In 1966, the right to freedom of thought, conscience and religion was included in the International Covenant on Civil and Political Rights (1966) (‘ICCPR’).

The ICCPR is one of the seven major international human rights treaties adopted by Australia and reflected in our domestic law.

International declarations

Australia was one of the original countries to support the Universal Declaration of Human Rights (‘UDHR’). Article 18 of the UDHR states:

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Question 8

Statute law - right to freedom of religion

Answer 8

Whilst there is no national rights charter, Commonwealth and State parliaments have passed legislation that protects the right to freedom of religion.

For example, the following laws make it unlawful to discriminate against a person based on their religion or belief in employment, accommodation, education, membership and sport etc.

• Australian Human Rights Commission Act 1986 (Cth)

Racial and Religious Tolerance Act 2001 (Vic)

Equal Opportunity Act 2010 (Vic)

Question 9

Constitution law - right to freedom of religion

Answer 9

Section 116 of the Constitution provides Australians with a limited right to freedom of religion. The Commonwealth Parliament cannot pass a law that:

• Establishes an official, national religion
• Imposes any religious observance
• Prohibits the free exercise of any religion. However, this can be limited if the practising of a religion breaches Australian law or threatens national security.
• Requires a religious test as a requirement for holding any Commonwealth office (eg. working as a member of the Federal Police)