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.
acting up:
Queensland's brand-spanking-new Human Rights Act 2019
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
