Are human rights adequately protected and promoted - Attorney ...

protection of human rights—in particular, the rights of minorities. 34 Ranil Ratnayeke
submitted:
Democracy doesn’t always work quickly enough to prevent human rights breaches,
or to assist people whose rights have been breached. Australian history shows that
in times of perceived emergency, governments have disregarded and failed to
consider the human rights implications of new laws and policies. 35
Although members of parliament are held accountable at the ‘ballot box’, at the
federal level this is usually once every three years—by which time instances of
human rights abuses might have faded from public memory and ‘mainstream’
concerns such as the economy are more decisive. 36 Further, elections usually
express the will of the majority, whereas human rights abuses are usually felt by
minorities who are often ‘disadvantaged, marginalised and unpopular—in short, they
are often persons to whom the majority are actively hostile or simply apathetic’. 37
Ballot box accountability also depends on the majority having been made aware of
human rights abuses.
The existing parliamentary mechanisms do not always ensure that human rights are
considered and debated before the passage of legislation. 38 Parliaments today deal
with a huge volume of legislation, which makes it difficult for members to ensure
they are aware of all the possible consequences of specific legislation before they
are asked to vote on it. 39 In some cases parliament might be aware of human rights
implications but nevertheless pass the legislation—for example, where a minority
group is targeted as part of a ‘law and order’ campaign. 40 The Committee heard the
following examples of legislation having been passed with insufficient consideration
or observance of human rights.
National security legislation
In submissions much concern was expressed in relation to the national security
legislation that has been enacted in Australia since the terrorist attacks on
11 September 2001. Many submitted that the legislation does not strike a suitable
34 For example, International Commission of Jurists (Australia) Submission; C O’Connor, Submission; R
Ratnayeke, Submission; D Klug, Submission; Gilbert + Tobin Centre of Public Law (E Santow), Submission;
Public Interest Law Clearing House, Submission; Australian Council of Social Service, Submission; H
Robert, Submission; Australian Lawyers Alliance, Submission.
35 R Ratnayeke, Submission.
36 For example, D Klug, Submission; Gilbert + Tobin Centre of Public Law (E Santow), Submission.
37 Gilbert + Tobin Centre of Public Law (E Santow), Submission. See also Australian Council of Social Service,
Submission; H Roberts, Submission; Public Interest Law Clearing House, Submission.
38 For example, Australian Council of Social Service, Submission; A Freer, Submission; Australian Human
Rights Commission, Submission; Australian Lawyers Alliance, Submission.
39 Gilbert + Tobin Centre of Public Law (E Santow), Submission. See also Australian Lawyers Alliance,
Submission.
40 Public Interest Advocacy Centre, Submission.
106 | Human Rights Consultation Committee Report