U2 AOS3 - Statute Law and Human Rights

Question 1

Examples of HR protected in statute law

Answer 1

• A range of both federal and state laws protect individuals from discrimination based on race, religion, ethnicity, sex, sexual orientation, gender identity, age, disability and other characteristics
  
  • The Racial Discrimination Act 1975 (Cth) states it is unlawful to refuse a person residential accommodation on basis of their race, nationality or ethnicity
  • The Equal Opportunity Act 2010 (Vic) stated his unlawful for an employer to discriminate against a person based on their gender, such as when determining who should be offered employment.

Question 2

Strengths of using statute law

Answer 2

• Can punish those who breach rights in court
• Applied with flexibility (interpret wording)
• Superior courts lead to precedent
• Parliament can codify
• Easily amended to reflect views and values

Question 3

Weaknesses of using statute law

Answer 3

• Without a Bill of Rights the statute law can be easily amended or changes
• Lower courts result in non-binding precedent
• Can be interpreted incorrectly by judges
• Can be abrogated through higher courts overturning on appeal

Question 4

Victorian Charter of Human Rights and Responsibilities

Answer 4

• In addition to the individual statutes protecting human rights, the Victorian Parliament has also passed the Victorian Charter of Human Rights and Responsibilities to recognise the basic rights, freedoms and responsibilities of Victorians
• Right to freedom of movement (section 12)
• Right to freedom of thought, conscience, religion and belief (section 14)
• Right to freedom of expression (section 15)

Question 5

Strengths of the Charter

Answer 5

• It requires MPs to explicitly articulate whether new legislation upholds or restricts the rights in the Charter through Statements of Compatibility
  
  • MPs are discouraged from introducing laws that breach human rights due to political backlash
  • Complex issues regarding human rights are debated and resolved public by democratically elected lawmakers
• The Charter imposes obligations on public authorities to act compatibly with human rights and give proper consideration to them when making decisions
• Courts and tribunals must interpret all Victorian laws in a way that upholds the human rights outlined in the Charter as far as this is possible
• The Supreme Court has the power to declare that a law or provision is inconsistent with human rights, but does not have the power to strike it down

Question 6

Weaknesses of the Charter

Answer 6

• The twenty human rights established in the Charter are not absolute or unrestricted
• The Charter includes a ‘general limitations clause’ which allows public authorities to restrict human rights in situations where it is reasonable and justified to uphold a free and democratic society
• Although the Charter promotes human rights in Victoria, it has no impact on new laws developed by the Commonwealth Parliament. As Commonwealth laws usually apply to all Australians, they may infringe upon the rights of Victorians
• The Charter does not establish a right for Victorians to bring a case against the Victorian Parliament for creating laws that breach the Charter
• Laws created prior to 2006 did not require a Statement of Compatibility and the human rights implications of many laws have not been debated or considered