Human rights
What are human rights?
Human rights are fundamental rights and freedoms inherent to all individuals, regardless of nationality, ethnicity, religion, or any other status. They encompass a broad range of rights, including civil, political, economic, social, and cultural rights.
Human rights are universal, meaning they apply equally to everyone, everywhere, and are protected by international law. These rights include the right to life, liberty, and security, freedom from discrimination and torture, the right to education, healthcare, and a standard of living adequate for well-being. Human rights provide the foundation for dignity, equality, and justice in society, serving as a cornerstone for peaceful coexistence and development.
How does human rights theory protect people?
In human rights theory, the proportionality test is a crucial tool used to determine whether a government's interference with an individual's rights is justifiable. The test typically involves four stages:
Legitimate Aim: The first stage involves identifying the objective or goal that the government is seeking to achieve by limiting a particular right. This aim must be lawful and serve a legitimate purpose, such as public safety, national security, or the protection of public order.
Rational Connection: Next, there must be a rational connection between the objective and the means chosen to achieve it. The government's action must be reasonable and directly related to the legitimate aim it seeks to fulfill. If the measure is arbitrary or disproportionate to the intended goal, it may fail this stage of the test.
Necessity: This stage requires assessing whether the limitation on the right is necessary to achieve the stated objective. The government must demonstrate that there are no less restrictive alternatives available to achieve the same goal. If there are less intrusive means to achieve the objective, the restriction may be deemed unnecessary and disproportionate.
Proportionality (Balancing): Finally, the proportionality stage involves weighing the importance of the government's objective against the impact of the restriction on the individual's rights. This entails a careful balancing act, considering factors such as the severity of the interference, the importance of the right being limited, and the overall public interest. The restriction should not outweigh the benefits gained by achieving the legitimate aim.
By applying these stages, the proportionality test serves as a mechanism for ensuring that government actions are consistent with human rights principles, striking a balance between protecting individual rights and fulfilling legitimate societal interests.
Human rights in Queensland
Human Rights Act 2019
The Human Righs Act 2019 is the result of many years of collective activism from the Queensland community. Queensland is the third Australian State to pass human rights legislation after the ACT (Human Rights Act 2004) and Victoria (Charter of Human Rights and Responsibilities 2006).
The Queensland Human Rights Act protects a number of human rights drawn from international instruments such as the International Covenant on Civil and Political Rights, the International Covenant on Social, Economic and Cultural Rights, and the Universal Declaration of Human Rights.
The Queensland Human Rights Commission is the independent statutory agency tasked with monitoring the government’s progress on achieving the aims of the Human Rights Act and conciliating human rights complaints.