Acting Up: Queensland’s Human Rights Act
Did you know that as of January 1 this year, Queensland effected human rights legislation? The objectives of the Human Rights Act 2019 (Qld) (the Act) describe the new laws as means to protect and promote human rights, to build a culture in the Queensland public sector that respects and promotes those human rights, and to promote dialogue about the nature, meaning and scope of human rights. The objectives are hopeful and wholesome, but at this point in time, the practical application of enforcing the contained human rights provisions lack some teeth.
The phrase ‘human rights law’ conjures up images of historical figures tearing down border walls and ending oppressive and hateful regimes. Thoughts of violent war criminals rotting behind bars and families from oppressed minority groups being reunited evoke feelings of hope and faith. Certainly, to see an enactment dedicated to human rights stirs feelings of justice and retribution. Naturally, it is exciting to see Queensland enact legislation that aims to uphold these values of justice, fairness and equality under the law. A quick flick-through of the Act reveals some things about its place in Queensland jurisprudence and legal practice.
Part 2 of the Act provides for 21 civil and political rights (Division 1), and two social, cultural and economic rights (Division 2). The language of these provisions derives largely from international treaties, namely the International Covenant on Political and Civil Rights (the ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These rights are qualified by section 13 of the Act, in that human rights can be reasonably limited insofar as can be demonstrably justified in a free and democratic society.
Part 3 of the Act deals with the application of human rights in Queensland. Here, the Act contemplates how new legislation tabled to be passed must pass a ‘scrutiny’ test to ensure the new Bill is compatible with the rights enshrined in the Act. Subordinate legislation must be human rights certified. The catch is that the Act precludes any Bill inconsistent with that division does not mean that the Bill will be unlawful or invalid legislation.
Bringing proceedings and gaining recourse under the Act is arguably where this legislation is all bark and no bite. Of course, human rights are a political tool nowadays, and spending approximately 3.5 minutes reading Did you know that as of January 1 this year, Queensland effected human rights legislation? The objethis legislation will cause a reader to wonder why the objectives are not beefier than just ‘promoting’ human rights. Perhaps it is because actual remedy against human rights breaches would mean that the Queensland government would fall under fire for some dodgy public sector practice involving vulnerable individuals that amount to human rights abuses under the definitions provisions. So what recourse does the Act offer for breaches of people’s human rights?
Part 4 of the Act establishes the Queensland Human Rights Commission (QHRC), which has the power to deal with complaints about human rights abuses, educate the community on human rights and to review public entities’ policies, programs, procedures and the like in terms of their compatibility with human rights requirements. The following subdivisions deal with the particulars of form for complaints and any decisions the commissioner makes regarding those complaints. As of 15 October 2020, over 200 complaints had been made to the QHRC. Like with many government agencies during a pandemic, the QHRC notes that they have received a heavy influx of complaints and therefore delays abound.
Despite the Act’s gentle and arguably bureaucratic ways of bringing about real change in the human rights realm, new laws, and particularly that of the statutory kind, tend to reflect modern day society and the demands of the people who elect their public servants. The mere fact that this Act and the associated QHRC exists is a start, and the more that people know about it and engage with it, the more the objects of the Act will be fulfilled. Then, perhaps once human rights have been talked about enough, laws to put some real backbone into that ‘dialogue’ will actually enact some positive change.
Article written by Ashton Darracott
This article appeared in the Torts Illustrated 2.5. Begin Again (2020) Publication