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Senator Natasha Stott Despoja
Democrats Senator for South Australia
Australian Democrats spokesperson for Attorney Generals

Dated: 26 April 2007
Portfolio: Attorney General & Justice
Related: Attorney Generals



Don't dismiss human rights charter

Todays comments by senior Labor figures about increased litigation, economic impact, and gay marriage in the context of a Federal Charter of Human Rights demonstrate a worrying trend to simplify and sensationalise the debate on a bill of rights by both major parties, according to the Australian Democrats.

"Victoria has been able to legislate for a Charter of Human Rights without it costing the economy or becoming a gay-rights issue. The ACT also has a Human Rights Act," Democrats Attorney-Generals Spokesperson Senator Natasha Stott Despoja said.

"In this age of economic prosperity we do not need to pit the economy against other important values like human rights and the environment. It is possible to have a strong economy that values the environment and the contribution human rights make to a democratic society.

"Australia is the only Western democracy without a clear regime of human rights protection. We need a Charter to strengthen and support our democratic system.

"It is time for us to join the ranks of other developed countries. An opportunity exists in a Federal election year for us to introduce the best features of human rights protection from around the world.

"Even if the Federal Government was to create a scheme that simply writes into domestic law the values contained in many of the existing international treaties to which Australia is a signatory, that would be an improvement on what currently exists.

"Instead of a US or Canadian style of Bill of Rights that focuses on litigation, Australia might want to limit the Courts ability to strike down legislation and let Parliament have the final say. There are many models to choose from and a discussion paper on the issue could explore what might work best for Australia.

"The communitys response to the case of David Hicks; the passing of sedition laws; and the treatment of refugees indicate Australians are fed up with their civil liberties being trumped rather than balanced against competing interests.

"It is important that the major parties commit to better protection of all Australians human rights," Senator Stott Despoja said.

The Democrats have introduced legislation to establish a Charter of Rights and Freedoms.

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