Does the Australian Constitution Protect Human Rights?

The Australian Constitution, often seen as a cornerstone of the legal system, is surprisingly limited in its direct protection of human rights. Unlike some other countries, the Constitution itself only grants two specific rights to citizens: the right to vote and the right to access to water. Everything else is safeguarded through other legislation and societal norms.

Societal Expectations

Early in Australian history, society expected that the protection of human rights would be handled by considerate and upright individuals, including both men and women of character and good judgement. This reliance on societal morals and values was the implicit expectation before more formal protections were introduced.

Limitations and Constitutional Protection

Interestingly, the American experience has shown a different trajectory. While the American Constitution does contain broad protections for human rights, these clauses are often seen as mere words without real enforcement. America, despite having a strong constitutional foundation, has struggled to ensure the protection of the rights of all its citizens. This has led to significant alterations, including the inclusion of grand constitutional clauses to ensure more explicit and comprehensive human rights protection.

What the Australian Constitution Says

Compared to the American Constitution, the Australian Constitution is notably more concise and less focused on human rights. It primarily outlines the duties and responsibilities of key governmental bodies such as Parliament, the House of Representatives, the Senate, the Head of State, and the Vice-Regal Representative. It also defines the location of Parliament. As a short and simple document, much of its importance lies in what it does not address.

Limited Success in Human Rights Legislation

Despite this, efforts have been made to include human rights protections at a state level. However, Victoria's experience serves as a cautionary tale. When they passed a human rights bill, it led to the unintended protection of certain "rights" that the community did not necessarily endorse. This unintended consequence made other states and the federal government wary of similar legislation. As a result, comprehensive human rights protections through constitutional changes have not been pursued further in Australia.

Debates on Human Rights

While the constitutional protections for human rights in Australia are limited, this has not deterred the broader discussions and societal efforts to ensure the protection of individual rights. Australian society has continued to engage in these discussions, striving to create a legal and social framework that effectively upholds human rights without unintended consequences.

Conclusion

The Australian Constitution, while concise and focused on governmental duties, does not provide extensive direct protections for human rights. Instead, the responsibility largely falls on the broader societal framework and ongoing legislative efforts to ensure the protection and extension of human rights in Australia. Whether this approach is effective in the long term remains a subject of ongoing debate and analysis.