session outline where human rights come from. how human rights are protected in victoria. what...

Session outline

• Where human rights come from.

• How human rights are protected in Victoria.

• What rights are protected.

• Human rights obligations of public authorities under the Charter.

• Using human rights to improve services and decision making.

Getting to know each other

Activity

In pairs:

• find out your partner’s name, where they live and work

• report back to the larger group.

Activity

In groups of three to four people: • negotiate with each other to sort the basic

human needs into order of importance and priority

• be prepared to explain why you have placed more importance on certain basic needs than others.

Basic needs to basic rights

Where human rights come from

Universal Declaration on Human Rights – UDHR

CERD (Racial Discrimination)CEDAW (Women)CROC (Children)CRPD (Disability)CAT (Torture)DRIP (Indigenous People)

CHARTER

International Covenant on Civil and Political Rights –

(ICCPR)

International Covenant on Economic, Social and Cultural

Rights – (ICESCR)

International obligations

The state has a responsibility to:• protect (don’t allow others to breach)

human rights• promote (educate, communicate)

human rights• respect (don’t breach)

human rights• fulfil (improve, avoid loss of)

human rights.

‘Dialogue approach’ to human rights

• Emphasis on the duty-bearers.

• Ensuring human rights are part of the everyday work of the three arms of government: parliament, the courts and all public authorities in Victoria.

About the Charter

8

How it all works in Victoria

L a w s & P o l i c i e s

Parliament CourtsPublic

Authorities

Propose & enact laws

Interpret laws

Carry out laws &

policies

Victorian Charter of Human Rights and Responsibilities

• Me?• You?• Citizens?• Non-citizens?• International

tourists?• Interstate tourists?• Babies?

• Elderly?• Minorities?• Companies?• Criminals?• Refugees?

Who has Charter rights?

We can think about rights in the Victorian Charter as falling into three categories:

About the rights

• Freedoms require public authorities to refrain from doing certain things

• Protections require public authorities to take certain actions

• Procedural rights ensure fairness

s11. Freedom from forced work

s12. Freedom of movement

s14. Freedom of thought, conscience, religion and belief

s15. Freedom of expression

s16. Peaceful assembly and freedom of association

Freedoms

s8. Recognition and equality before the law

s9. Right to life

s10. Protection from torture and cruel, inhuman or degrading treatment

s13. Privacy and reputation

s17. Protection of families and children

s18. Taking part in public life

s19. Cultural rights

Protections

s20. Property rights

s21. Right to liberty and security of person

s22. Humane treatment when deprived of liberty

Protections (continued)

s23. Children in the criminal process

s24. Fair hearing

s25. Rights in criminal proceedings

s26. Right not to be tried or punished more than once

s27. Retrospective criminal laws

Procedural rights

• State government departments

• Local government

• Public officials (state level)

• Statutory bodies that perform public functions

• Other organisations that have functions of a public naturee.g. private prisons or a housing organisation.

What are public authorities?

Pick the public authority

Activity

In pairs:

• circle the organisations on the handout that are public authorities with human rights obligations under the Victorian Charter.

Public authorities must:• act compatibly with human rights

• give proper consideration to relevant human rights

• take human rights into account when making decisions

• ensure Charter rights are provided, in so far as is reasonably possible.

Obligations of public authorities

Balancing rights

Because human rights are universal, interrelated and cannot be separated from each other, they can sometimes come into conflict with each other and need to be balanced.

Lawfully limiting human rights

• Is there lawful authority?

• Is it reasonable?

• Is it necessary?

• Is it justified?

• Is it proportionate?

• Is it the least restrictiveway of upholding rights?

Used by ordinary Victorians in:

• existing legal processes

• complaints to ombudsman

• direct engagement with local councils- formal- informal

Using human rights

Direct engagement with a public authority

Successful outcomes

James’s storyJames was asked to leave school because he exhibited unusually aggressive behaviour boarding the school bus home. The school did not know how to prevent his aggressive outbursts and were concerned about other students’ safety and wellbeing

Successful outcomes

Complaining to the Victorian Ombudsman.

Julie’s storyJulie, a prisoner in a women’s prison, complained to the prison operators that the mattresses in her prison were unbearably hot and sticky in summer. She noted that men in other prisons had different mattresses and didn’t have the same issues.

Successful outcomes

Highlighting human rights in existing legal processes.

Patrick’s storyPatrick has a mental illness and has been an involuntary patient in a hospital for over ten years. The hospital wants to move him into supported accommodation in a hostel. Patrick refuses because he owns his own house and wants to live in it independently.

Successful outcomes

Raising right to equality with the Commission.

Peter’s storyPeter, an indigenous man, travelled with colleagues on a bus charted by their employer. The bus driver refused to stop for a toilet break and told Peter he was not allowed to use the on-board toilet, leading to an embarrassing incident where Peter soiled himself in front of his colleagues.

• Provide advice to government, public bodies, upon request.

• Specific reviews of how other laws (or the common law) impact on human rights.

• Intervene as ‘friends of the court’ in cases.

• Educate the public.

• Annual report to the Attorney-General.

• Four-yearly Charter reviews.

The Commission’s role

Closing round

Activity

Share one thing that you liked or learned from today’s workshop with the larger group.