Human rights are inalienable and universal. They are based in centuries of common law and widespread international consensus.
After World War II, human rights became a priority for international law. This was revolutionary. Previously, a body of law that restricted its interest to relations between countries, international law, moved to regulating relations between governments and their people. The War had shown law-makers the horrors of what could happen if the powers of governments were not kept in check. Australia was at the forefront of these developments, as one of only eight countries involved in drafting the Universal Declaration of Human Rights.
Since this time, human rights have become well recognised as essential benchmarks for decency. Human rights treaties, and mechanisms to monitor their enforcement, have proliferated internationally, and it is well accepted that respecting human rights is good, both for individuals and their governments.
Human rights protect human dignity. They ensure that we are all treated fairly and, where we are not, that remedies are available. Remedies might include, an apology, release from detention, rehabilitation, or a combination of these. Remedies seek to put the person in the position that they would have been had their rights not been violated, to the greatest extent possible, and also create a disincentive to violating rights in the future.
Lawyers help individuals to protect their human rights by bringing complaints of government misconduct before the courts or other bodies.
Australian Lawyers Alliance (ALA) members regularly act to protect human rights. Whether they are acting for someone who has been injured in a car accident, unfairly detained, discriminated against or accused of a crime, they are fighting to protect peoples’ dignity, and seek justice for wrongdoing. However, without a Human Rights Act in Australia, most human rights remain largely unenforceable, and remedies for their breach unavailable. We are flouting centuries of legal traditions, as well as the international law that we were instrumental in drafting and have agreed to be bound by.
The ALA takes every opportunity we can to promote and protect human rights. We regularly contribute to parliamentary inquiries and participate in public debate to promote and enhance human rights protections. We appear before Parliamentary Committees and meet with Parliamentarians to voice our concerns. In 2023, ahead of Human Rights Day we launched a policy position paper on the need for a Federal Human Rights Act in Australia.
It is a difficult battle, but we will never give up fighting for your rights.
Read our submissions relating to human rights.
Back to policy focus areas