Australia's approach to human rights is unique. Every other country which is usually called a "western liberal democracy" has some kind of human rights protection built into its law, whether it be in the national Constitution or a Bill of Rights, or similar.

However, Australia has nothing of the kind. This leaves a significant gap in the law. We are not talking about creating a lawyers' picnic here.  The process of identifying each and every of the human rights which, as a community, we wish to protect, necessarily involves establishing basic benchmarks.  These benchmarks establish a standard against which ordinary Australians can access the merits of legislation that may seek to erode one or other of our rights.

In other countries, laws regarding human rights are central to the functioning of their legal system. In the UK, for example, rights enshrined in the UK Charter exist in addition to more ephemeral rights thought to exist under an unwritten Constitution.

The absence of an effective Charter of Rights in Australian law means our laws dramatically lags behind other countries in the protection of human rights.  As a result of this, Australia has been criticised by United Nations Human Rights Committees.  Our international reputation is declining rapidly, especially on account of our treatment of asylum seekers and members of the indigenous community.

Recent history has shown that without an effective “brake” on the powers of parliament, governments are at liberty to, and do, enact legislation that seriously erodes our rights.  Rights which we had always regarded as untouchable.

Government has savagely legislated to cut back human rights, across the board.  Government has stripped the courts of their traditional role in striking the balance between the rights of the State and the individual.  Australians are no longer getting a Fair Go!

Government is the servant of the people, not vice versa!

An effective, nationally-based Charter of Rights is essential if we are to restore the authority of the people over government.  

For these reasons, New Matilda has launched a campaign for a national Charter of Rights.

To find out more about New Matilda’s campaign see the link at the bottom of this page.

New Matilda consulted extensively with the community about human rights.  This culminated in a Human Rights Act, drafted by leading human rights and legal experts. These included Professor Spencer Zifcak, Professor George Williams, Professor Hilary Charlesworth, Dr Helen Watchirs, Julian Burnside QC, Brian Walters SC and Jo Swarc.

New Matilda consulted with over 50 members of parliament with encouraging results, but is yet to receive sufficient support to see the draft introduced as a private members’ bill.  New Matilda expects that at the committee stage there will be greater cross-party support for the legislation which hopefully will lead to introducing the bill on the floor of the house. 

Currently New Matilda is seeking volunteers to help its campaign at the advocacy stage.

You can find out more about the campaign and how you can help by visiting the their website here.