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Australia in a 'race to the bottom' on human rights : Comments
By Howard Glenn, published 5/10/2005Howard Glenn argues there's a long way to go before we get effective human rights protection in Australia.
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llyn, there is no "right" to happiness. The US Declaration of Independence (not their Consitution) kicks off with:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed."
Powerful stuff - and, I would suggest, very relevant here. Given that the context of the Declaration was that they believed the system of government (from George III's England) was corrupt and oppressive, starting their complaint with a statement of what they believe government *should* stand for was a shrewd move.
So when we set about each other on the topic of "Human Rights", it is as well to bear in mind i) what they are based upon and ii) who will enforce them.
I am personally in favour of basic human rights, but viscerally opposed to their being codified in some sort of wet and woolly document. To me, there should be ample scope in our legal system for judges to oppose the restriction of basic rights (innocence until proven guilty, habeas corpus etc.) without resorting to Human Rights Charters or Bills or whatever.
Unfortunately, this is exactly what is being restricted in the current anti-terorist legislation. By the same token, however, I doubt very much whether the existence of a formally-worded Bill of Rights would make a skerrick of difference. Totalitarian governments, such as we are experiencing here in Australia today, have a habit of "suspending" legal impediments that stand in their way.
What we need, in fact, is a clearer separation of the State from the judiciary, and for the judiciary to base its role on the support of fundamental human dignities. Right now, they are just puppetry, another instrument of government control.