A Charter of Human Rights for Tasmania? Update
In this research paper, the Tasmania Law Reform Institute (TLRI) has reviewed and updated its 2007 report on human rights in Tasmania, upholding its key recommendations which included the need for a Charter of Rights. The TLRI makes 21 recommendations and urges Tasmania to become the fourth jurisdiction in Australia to adopt human rights legislation.
The Institute contends that a Charter of Human Rights or a Human Rights Act should be adopted and an independent Human Rights Commissioner appointed to better protect Tasmanians.
Other key recommendations are that:
- The charter or act cover public functions including emergency, utility, public housing, education, health, disability and transport services, along with the operation of correctional and detention facilities;
- Human rights statements, prepared by a new Human Rights Unit, accompany all Bills introduced into parliament;
- A dedicated Parliamentary Human Rights Scrutiny Committee be established to examine all Bills for compatibility with human rights;
- An independent office of Tasmanian Human Rights Commissioner be established;
- A direct form of redress be available to victims where a public authority has breached the new laws.
The Institute confirmed the right to religious freedom should be included in a human rights enactment. It identified a need to consider the treatment of religious bodies within a human rights and anti-discrimination framework in more detail and recommended this be considered in a further review.
