Quick questions on Promoting and enforcing human rights in Australia: HSC Legal Studies

The Constitution of the Commonwealth of Australia protects a small number of rights expressly:

The Commonwealth has implemented core human rights treaties through statute:

Australian Human Rights Commission (AHRC). Established under the Australian Human Rights Commission Act 1986 (Cth). Functions:

NGOs and civil society are active. Key organisations: Amnesty International Australia, the Human Rights Law Centre, the Aboriginal Legal Service NSW/ACT, the Refugee Council of Australia, the Asylum Seeker Resource Centre, and the Australian Council of Trade Unions. Media reporting (including ABC Four Corners on Don Dale Youth Detention Centre, leading to the 2017 Royal Commission) drives public pressure.

Australia is the only common-law liberal democracy without a national bill or charter of rights. The Australian Human Rights Commission's 2024 Free and Equal Position Paper, supported by the Parliamentary Joint Committee on Human Rights, recommends a federal Human Rights Act using the dialogue model already in place in Victoria, the ACT and Queensland. The proposal has not yet been adopted by the Commonwealth Parliament.

Established under the Australian Human Rights Commission Act 1986 (Cth). Functions:

The High Court exercises judicial review under s 75(v) of the Constitution. The Federal Court hears matters under Commonwealth statutes including anti-discrimination Acts. State Supreme Courts and the Victorian, ACT and Queensland tribunals hear matters under state human rights Acts.

Established under the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). Reviews all new bills for compatibility with the seven core UN human rights treaties.