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Group rights are inimical to human rights : Comments
By Graham Young, published 29/3/2017These are disputes that should never be allowed to result in litigation, gumming up the courts and diverting some of the best legal minds from much more significant issues.
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Dear Foxy,
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You wrote :
« I don't quite understand how 18C of the Racial Discrimination
Act restricts our freedom when Section 18D of the Act provides
exemptions. It states that 18C does not render unlawful anything
said or done reasonably and in good faith for various purposes,
including artistic work and responding on events or matters of
public interest »
That’s correct, Foxy, and that’s how it should be. But I received a clip from Malcolm Turnbull’s office in Sydney on 22 March explaining his initiative in the following terms :
« … over the past months, cases involving the late cartoonist, Bill Leak, and the QUT students have shown that section 18C has not been working well. We’re making changes to restore confidence in the Racial Discrimination Act and the Human Rights Commission … [this] … will better target and prohibit the conduct which is at the heart of racial vilification. We’ll also introduce the “reasonable member of the Australian community” as the objective standard by which section 18C should be judged … ». Here is the clip :
http://www.facebook.com/malcolmturnbull/videos/vb.53772921578/10155219691906579/?type=3&theater
The late Bill Leak’s submission to the Parliamentary Joint Committee inquiry last December also sheds some light on the problem. Here is the link - Bill Leak’s submission is N° 169 :
http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights_inquiries/FreedomspeechAustralia/Submissions
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Neither 18C nor 18D mention anything about “freedom of speech” or “freedom of expression”. Both terms are employed indifferently by politicians, though the latter is obviously broader and more appropriate than the former.
Also, most commentators invariably deny that Australia is racist. That may be so, but if it is (and I sincerely hope it is), it is a relatively recent development. British colonisation began in 1788 (230 years ago) and only ended completely and definitively 198 years later, with the Australia Act 1986 – though the British Crown remains our Head of State.
I think it’s true to say that the colonial period was tainted with a certain amount of racism - particularly since the White Australia policy was in force from federation in 1901 to 1973.
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