‘Absolutely time’ for SA Human Rights Act after committee recommendation
A parliamentary committee has recommended that South Australia adopt a Human Rights Act after a 16-month-long inquiry.
In a report tabled at the end of April, South Australian Parliament’s Social Development Committee recommended that the government consolidate existing legislation into a comprehensive Human Rights Act.
A Human Rights Act would ensure government procedures that administer legislation align with human rights protections that are legally enforceable, like the state’s existing Equal Opportunity Act and Racial Vilification Act.
University of South Australia law professor and Rights Resource Network Director Dr Sarah Moulds said “it’s absolutely time” at the federal and state levels to adopt a Human Rights Act.
“I think that good policy makers and good elected representatives are already drawing upon these rights concepts when they articulate their strategic planning and their policy agenda,” she said.
The report also recommended transitioning the Equal Opportunities Commission to a Human Rights Commission and consulting with the SA community on the model of the Human Rights Act to be adopted.
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Adopting a Human Rights Act would bring SA in line with the ACT, Queensland and Victoria, where human rights have already been enshrined in law.
At a federal level, the Parliamentary Joint Committee on Human Rights examines bills, Acts and legislation for compatibility with human rights, and reports to both Houses of the Parliament, which Moulds said is a model that’s been “well-considered”.
Moulds said there’s an opportunity now for politicians to champion the bill and the community consultation process to see how some of this existing work can be adopted to suit SA.
She said consulting on human rights is a way to engage communities on housing, healthcare and for regional and rural communities to be considered with things like the right to water.
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Moulds hopes politicians on all sides of politics will embrace the committee’s recommendations.
“I think there’s an opportunity for champions on both sides of politics, certainly things like the right to privacy, the ability to resolve complaints about complex government processes quickly, they’re the type of things that align with what the Liberal Party are often talking about in Parliament,” she said.
“I see great opportunity for the Liberal Party who are. I understand, looking to refresh their policy platform ahead of the state election.”
The report said the committee heard little evidence of weaknesses in introducing a Human Rights Act in SA.
In the 16-month enquiry, the committee heard from more than 130 organisations and individuals, and more than 90 per cent of submissions were in support of an act.
Moulds says the level of community support is “really exciting” and spans Aboriginal organisations, disability representatives, mental health sector representatives and faith based groups that support human rights reform.
“These officers know who’s missing out in South Australia,” she said.
“They know the kids who are going hungry, they know the people who have been stripped of their dignity in different environments in aged care or mental health.
“These commissioners see this as a really practical pathway to improve conditions for those people and to incentivise and reward the type of leadership that focuses on dignified outcomes for everyone.”
Advocacy bodies for children and young people, including the Commissioner for Aboriginal Children and Child Development Council said in a joint statement that they look forward to a draft Human Rights Bill being introduced.
Acting Commissioner for Children and Young People Mimi Crowe said a Human Rights Act is “our chance to move from good intentions to real accountability, with children at the centre”.
