HREOC enquiry - Rights & Responsibilities
Rights & Responsibilities 2014 - Online
Australia’s Human Rights Commissioner, Tim Wilson, is conducting a national consultation about how effectively we protect people’s human rights and freedoms in Australia. The consultation will focus on building understanding and improved protection of our fundamental human rights, freedoms and responsibilities.
Past consultations, such as the National Human Rights Consultation under the previous federal Government, have tended to focus mainly on what government should do to protect human rights. This consultation aims to go beyond this objective and identify where there are restrictions on rights and freedoms that are disproportionate to the harm to be prevented. Importantly, the consultation seeks to identify where people are advancing their rights and freedoms through community-based and voluntary programs.
Discussions will focus on some of the key rights and freedoms that have traditionally underpinned our liberal democracy in Australia. These include:
· the right to freedom of opinion and expression
· the right to freedom of thought, conscience and religion
· the right to freedom of association
· property rights.
This survey includes questions about each of these rights, but there is no need to answer all of them. You can choose to skip particular sections and comment only on particular rights that you feel are relevant.
For further information about these rights and/or the national consultation, please see the Discussion Paper.
The survey should take between 15-30 minutes to complete. Please ensure you complete it by Friday 31 October 2014.
Please note that when making a submission, you are indicating that you have read and understood the Commission’s Submission Policy which can be found at https://www.humanrights.gov.au/submission-policy.
Once again, thank you for your time and feedback.
Section 1: General
The questions in this section are about the right to freedom of expression.
The right to freedom of expression (commonly referred to as freedom of speech) provides the foundation for individual autonomy, the capacity for individuals to think for themselves and impart knowledge, and a strong democracy where opinions and ideas can be debated freely. The right enables discussions and debates about political and social views, and in so doing, creates the basis for the effective exercise of many other human rights and freedoms.
The right to freedom of expression is an extension of the absolute right of freedom to hold opinions without interference.
The right to freedom of expression applies to any medium, including written and oral communications, the media, public protest, broadcasting, artistic works and commercial advertising.
Overall, how well do you think the right to freedom of opinion and expression is protected in Australia?
The most vulnerable are the unemployed
especially the long term unemployed.
If they say the wrong thing in a Centrelink enquiry
they are liable to be breached & can be made homeless.
Of course the same can be said of an employee in relation to an employer,
but the long term unemployed person’s resources are much lower.
Also, their situation in relation to freedom of expression is a result of government policy.
They have no freedom of expression because an expression could result in death.
Some would say it is a matter of rights & responsibilities, but the nature of that needs close examination. What rights does a person have as a matter of justice rather than law which I am clearly saying is wrong here?
And what are a person’s just responsibilities?
In both rights & responsibilities, the law should be the servant of justice.
Can you provide any examples of government legislation or policies that unduly restrict the right to freedom of expression?
Centrelink policy requires one to answer “correctly” under pain of homelessness, personal decline, & even death.
Can you provide positive examples of ways that the right to freedom of expression is advanced in Australia?
I think the modification of Centrelink mutual obligations for the over 55’s was a good move.
In addition to the “earn or learn” option (threat)
over 55’s could do voluntary community work for any approved organisation.
This gave them total freedom of choice about how they would serve the community – they could even recognise brand new ways & “sell” it to community organisations.
It ensured that they could enjoy, even enhance their social inclusion while meeting their responsibilities in ways that their local community organisation could see was needed.
What do you think we could do to better protect freedom of expression in Australia?
The current “earn or learn” option should be extended to include the OPTION of unlimited community work for all ages of unemployed, many of whom are alienated & becoming radicalised by being officially excluded until they can find paid employment.
For an increasing number, that’s just not going to happen any time soon.
The options for social inclusion with financial & social support should be
“earn or learn or volunteer” & there should be no time limit which would imply that one was a less satisfactory way to fully meet responsibilities than another.
Re-examine the nature of rights & responsibilities
& redefine them in law
to ensure people are not forced to comply with any ideology or die.
Nature imposes its own responsibilities
including through our need for community.
So again, what are our natural rights & responsibilities?
Only with that established as a foundation
can we look at social structures.
Section 3: Right to freedom of thought, conscience and religion
The questions in this section are about the right to freedom of thought, conscience and religion.
The right to freedom of thought, conscience and religion encompasses the beliefs of all religions, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. Key elements of the right include the freedom to:
· choose and change religion or belief
· exercise religion or belief publicly or privately, alone or with others
· exercise religion or belief in worship, teaching, practice and observance.
Overall, how well do you think that the right to freedom of religion is protected in Australia?
There is no freedom of conscience when government policy
implemented by Centrelink
makes it clear that an unemployed person
must take ANY job they are capable of doing.
We may TutTut about the ethics of the privileged tobacco company executive, but the system handsomely rewards them just the same.
The unemployed person is forced by government policy to take any job
or be seen as a “job snob” & cut of from life support!
Can you provide any examples of government legislation or policies that unduly restrict the right to freedom of religion?
Change the Centrelink Activity Test to include unlimited approved community work. This would open up the options for participation to an unlimited degree & would allow people to choose in accordance with the beliefs & conscience because it would not be limited to profit making requirements.
Community development & social inclusion are neglected in the world of profit
but they are increasingly urgently needed by society – AND BY THE ECONOMY!
Can you provide positive examples of ways that the right to freedom of religion is advanced in Australia?
As stated before, the opportunity for the unemployed over 55’s protected their right of social inclusion by acting in accordance with their beliefs. Other unemployed people do not have that right.
What do you think we could do to better protect freedom of religion in Australia?
Respecting the right to life & the right to natures provisions for life’s needs,
especially access to a space to establish shelter,
ensure that people can have social inclusion without coercion.
Change the Centrelink Activity Test
so anybody can live by ethics that are sound,
rather than having to sacrifice that right in order to live.
Section 4: Right to freedom of association
The questions in this section are about the right to freedom of association.
All people have the right to freedom of association with others, including the right to form and join associations to pursue common goals and protect interests. Associations comprise a diverse range of interests such as political parties, professional and sporting clubs, non-governmental organisations and trade unions.
Overall, how well do you think the right to freedom of association is protected in Australia?
If it doesn’t suit government’s agenda,
communities are systematically & legally broken down.
I’m not talking here about bikie or criminal gangs
but about long established public housing communities.
They are denigrated, set against each other & fragmented.
Government doesn’t want them to associate with each other.
Ironically, I believe that supporting better association would be not only right
but “profitable” for society.
Can you provide any examples of government legislation or policies that unduly restrict the right to freedom of association?
The government policy to break down disadvantaged communities
and sprinkle its members into “integrated” neighbourhoods
is believed to be good for them.
Can you provide positive examples of ways that the right to freedom of association is advanced in Australia?
I cannot see examples of this in regard to the unemployed or the poor.
Policy is to isolate them from each other & from social inclusion until they get a job.
What do you think we could do to better protect freedom of association in Australia?
End the policies of isolation,
change Centrelink policy so people can be socially included by being more engaged in their communities,
develop empowering processes that unskilled people could use to strengthen their communities themselves, without having to rely on experts. (Eg. CreateVillage).
Section 5: Right to property
The questions in this section are about the right to property.
The right to property includes ownership and use of physical property, individual’s ownership of their own bodies, and intellectual property. In modern legal systems, ‘property’ embraces every possible interest recognised by law which a person can have in anything and includes all valuable rights.
The right to own property includes the right:
· to own property alone as well as in association with others
· to acquire or dispose of property
· not to be arbitrarily deprived of property.
Overall, how well do you think the right to property is protected in Australia?
“Property” in terms of land ownership is about as protected as lawyers can make it. Indeed it is the founding principle of the United Nations declaration on Human Rights!
If you own property, other rights can have meaning
but you only get property by being a satisfactory servant of the system that creates titles.
If you are a “flawed”, citizen you won’t be able to get to own land
and so you will be vulnerable to homelessness.
The threat of homelessness is a powerful governance strategy,
as the example of the unemployed person’s relationship with Centrelink shows.
The right of the landless to life is not protected against the right to property because without a right to nature’s free gift of land where one can establish shelter, grow veggies have a family & establish community, one dies.
Other “rights” over bodies etc are only real if the right to life is protected.
Can you provide any examples of government legislation or policies that unduly restrict the right to property?
Can you provide positive examples of ways that the right to property is advanced in Australia?
The right to property is advanced in every conceivable way.
It is after all the basis of “the system”.
Great minds have been working on how to better advance this system
ever since Cain killed Abel.
What do you think we could do to better protect the right to property in Australia?
Build more public housing
Limit the right to private property so that enough suitable land is available for the landless to have their rightful access wherever they live (Urban Commons for food AND shelter).
This should not be done as a trickle down benefit of economic growth
a benefit which like the so called “right” to shelter can be relegated to the status of economic ambition.
It is a RIGHT upon which all other rights depend.
If this is not done, the threat to private property will rapidly increase,
… but it is the rights of the landless poor which should motivate us,
not the threat to private property.
Section 6: Other rights and freedoms
Are there other rights and freedoms that you think should be better protected in Australia?
Air water land sunlight. These elements should be protected & access guaranteed to all.
Some people already have more than their rightful share now but when that negatively impacts on the rights of others, as is apparently the case with regard to land access for housing & food. If you believe in climate change, there is also evidence that this is the case with regard to air & water too.
With the opportunity this right would provide, people, especially those currently alienated from the market place would be motivated to help each other to establish themselves. With those skills under their belts, many could CHOOSE to join the market economy, motivated by their own desire for its benefits.
I say CHOOSE because it needs to be an option, not a requirement as is now the case - "earn or learn". To make it mandatory would also be a rights offence.
People who do choose this option incur natural obligations to live sustainably. This would develop much needed skills which society could draw on. They also incur social obligations in return for the benefits of being in society.
Section 7: Local & Community Initiatives
The questions in this section are about local and community initiatives that you or others have undertaken that advance rights and freedoms. This might be through developing voluntary codes of conduct and practice, service provision, sporting events or other community-based education activities.
Have you, your local community, organisation or business undertaken any initiative/s that advance the right/s to freedom of expression, freedom of association, freedom of religion and/or property rights?
Please briefly describe the initiative/s
In your response, you could include:
· Type of initiative (e.g. voluntary code of conduct or practice, non-legal agreement, service provision, sporting event or award)
· When it was first developed and implemented
· Objective and the key human rights issue/s it addresses
· If relevant, how the initiative was innovative or unique
· Whether you formally evaluated the initiative
· Positive and/or negative outcomes
· Whether the initiative was successful overall and why/why not
· Whether the initiative is continuing
Please tell us the main reason/s why you undertook this initiative (check one or more):
To show support for an issue that we believe in
To complement our organisation or business’s existing policies and procedures
To increase awareness of human rights and freedoms among our staff/volunteers/community members
To increase awareness of human rights and freedoms amongst our clients and/or service users
To show support for our staff/volunteers, clients and/or service users who have experienced restrictions on or violations of their human rights
To encourage our staff/volunteers, clients and/or service to take a stand against the abuse of human rights (e.g. by speaking up if they witness human rights violations)
Other
Australia’s Human Rights Commissioner, Tim Wilson, is conducting a national consultation about how effectively we protect people’s human rights and freedoms in Australia. The consultation will focus on building understanding and improved protection of our fundamental human rights, freedoms and responsibilities.
Past consultations, such as the National Human Rights Consultation under the previous federal Government, have tended to focus mainly on what government should do to protect human rights. This consultation aims to go beyond this objective and identify where there are restrictions on rights and freedoms that are disproportionate to the harm to be prevented. Importantly, the consultation seeks to identify where people are advancing their rights and freedoms through community-based and voluntary programs.
Discussions will focus on some of the key rights and freedoms that have traditionally underpinned our liberal democracy in Australia. These include:
· the right to freedom of opinion and expression
· the right to freedom of thought, conscience and religion
· the right to freedom of association
· property rights.
This survey includes questions about each of these rights, but there is no need to answer all of them. You can choose to skip particular sections and comment only on particular rights that you feel are relevant.
For further information about these rights and/or the national consultation, please see the Discussion Paper.
The survey should take between 15-30 minutes to complete. Please ensure you complete it by Friday 31 October 2014.
Please note that when making a submission, you are indicating that you have read and understood the Commission’s Submission Policy which can be found at https://www.humanrights.gov.au/submission-policy.
Once again, thank you for your time and feedback.
Section 1: General
The questions in this section are about the right to freedom of expression.
The right to freedom of expression (commonly referred to as freedom of speech) provides the foundation for individual autonomy, the capacity for individuals to think for themselves and impart knowledge, and a strong democracy where opinions and ideas can be debated freely. The right enables discussions and debates about political and social views, and in so doing, creates the basis for the effective exercise of many other human rights and freedoms.
The right to freedom of expression is an extension of the absolute right of freedom to hold opinions without interference.
The right to freedom of expression applies to any medium, including written and oral communications, the media, public protest, broadcasting, artistic works and commercial advertising.
Overall, how well do you think the right to freedom of opinion and expression is protected in Australia?
The most vulnerable are the unemployed
especially the long term unemployed.
If they say the wrong thing in a Centrelink enquiry
they are liable to be breached & can be made homeless.
Of course the same can be said of an employee in relation to an employer,
but the long term unemployed person’s resources are much lower.
Also, their situation in relation to freedom of expression is a result of government policy.
They have no freedom of expression because an expression could result in death.
Some would say it is a matter of rights & responsibilities, but the nature of that needs close examination. What rights does a person have as a matter of justice rather than law which I am clearly saying is wrong here?
And what are a person’s just responsibilities?
In both rights & responsibilities, the law should be the servant of justice.
Can you provide any examples of government legislation or policies that unduly restrict the right to freedom of expression?
Centrelink policy requires one to answer “correctly” under pain of homelessness, personal decline, & even death.
Can you provide positive examples of ways that the right to freedom of expression is advanced in Australia?
I think the modification of Centrelink mutual obligations for the over 55’s was a good move.
In addition to the “earn or learn” option (threat)
over 55’s could do voluntary community work for any approved organisation.
This gave them total freedom of choice about how they would serve the community – they could even recognise brand new ways & “sell” it to community organisations.
It ensured that they could enjoy, even enhance their social inclusion while meeting their responsibilities in ways that their local community organisation could see was needed.
What do you think we could do to better protect freedom of expression in Australia?
The current “earn or learn” option should be extended to include the OPTION of unlimited community work for all ages of unemployed, many of whom are alienated & becoming radicalised by being officially excluded until they can find paid employment.
For an increasing number, that’s just not going to happen any time soon.
The options for social inclusion with financial & social support should be
“earn or learn or volunteer” & there should be no time limit which would imply that one was a less satisfactory way to fully meet responsibilities than another.
Re-examine the nature of rights & responsibilities
& redefine them in law
to ensure people are not forced to comply with any ideology or die.
Nature imposes its own responsibilities
including through our need for community.
So again, what are our natural rights & responsibilities?
Only with that established as a foundation
can we look at social structures.
Section 3: Right to freedom of thought, conscience and religion
The questions in this section are about the right to freedom of thought, conscience and religion.
The right to freedom of thought, conscience and religion encompasses the beliefs of all religions, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. Key elements of the right include the freedom to:
· choose and change religion or belief
· exercise religion or belief publicly or privately, alone or with others
· exercise religion or belief in worship, teaching, practice and observance.
Overall, how well do you think that the right to freedom of religion is protected in Australia?
There is no freedom of conscience when government policy
implemented by Centrelink
makes it clear that an unemployed person
must take ANY job they are capable of doing.
We may TutTut about the ethics of the privileged tobacco company executive, but the system handsomely rewards them just the same.
The unemployed person is forced by government policy to take any job
or be seen as a “job snob” & cut of from life support!
Can you provide any examples of government legislation or policies that unduly restrict the right to freedom of religion?
Change the Centrelink Activity Test to include unlimited approved community work. This would open up the options for participation to an unlimited degree & would allow people to choose in accordance with the beliefs & conscience because it would not be limited to profit making requirements.
Community development & social inclusion are neglected in the world of profit
but they are increasingly urgently needed by society – AND BY THE ECONOMY!
Can you provide positive examples of ways that the right to freedom of religion is advanced in Australia?
As stated before, the opportunity for the unemployed over 55’s protected their right of social inclusion by acting in accordance with their beliefs. Other unemployed people do not have that right.
What do you think we could do to better protect freedom of religion in Australia?
Respecting the right to life & the right to natures provisions for life’s needs,
especially access to a space to establish shelter,
ensure that people can have social inclusion without coercion.
Change the Centrelink Activity Test
so anybody can live by ethics that are sound,
rather than having to sacrifice that right in order to live.
Section 4: Right to freedom of association
The questions in this section are about the right to freedom of association.
All people have the right to freedom of association with others, including the right to form and join associations to pursue common goals and protect interests. Associations comprise a diverse range of interests such as political parties, professional and sporting clubs, non-governmental organisations and trade unions.
Overall, how well do you think the right to freedom of association is protected in Australia?
If it doesn’t suit government’s agenda,
communities are systematically & legally broken down.
I’m not talking here about bikie or criminal gangs
but about long established public housing communities.
They are denigrated, set against each other & fragmented.
Government doesn’t want them to associate with each other.
Ironically, I believe that supporting better association would be not only right
but “profitable” for society.
Can you provide any examples of government legislation or policies that unduly restrict the right to freedom of association?
The government policy to break down disadvantaged communities
and sprinkle its members into “integrated” neighbourhoods
is believed to be good for them.
Can you provide positive examples of ways that the right to freedom of association is advanced in Australia?
I cannot see examples of this in regard to the unemployed or the poor.
Policy is to isolate them from each other & from social inclusion until they get a job.
What do you think we could do to better protect freedom of association in Australia?
End the policies of isolation,
change Centrelink policy so people can be socially included by being more engaged in their communities,
develop empowering processes that unskilled people could use to strengthen their communities themselves, without having to rely on experts. (Eg. CreateVillage).
Section 5: Right to property
The questions in this section are about the right to property.
The right to property includes ownership and use of physical property, individual’s ownership of their own bodies, and intellectual property. In modern legal systems, ‘property’ embraces every possible interest recognised by law which a person can have in anything and includes all valuable rights.
The right to own property includes the right:
· to own property alone as well as in association with others
· to acquire or dispose of property
· not to be arbitrarily deprived of property.
Overall, how well do you think the right to property is protected in Australia?
“Property” in terms of land ownership is about as protected as lawyers can make it. Indeed it is the founding principle of the United Nations declaration on Human Rights!
If you own property, other rights can have meaning
but you only get property by being a satisfactory servant of the system that creates titles.
If you are a “flawed”, citizen you won’t be able to get to own land
and so you will be vulnerable to homelessness.
The threat of homelessness is a powerful governance strategy,
as the example of the unemployed person’s relationship with Centrelink shows.
The right of the landless to life is not protected against the right to property because without a right to nature’s free gift of land where one can establish shelter, grow veggies have a family & establish community, one dies.
Other “rights” over bodies etc are only real if the right to life is protected.
Can you provide any examples of government legislation or policies that unduly restrict the right to property?
Can you provide positive examples of ways that the right to property is advanced in Australia?
The right to property is advanced in every conceivable way.
It is after all the basis of “the system”.
Great minds have been working on how to better advance this system
ever since Cain killed Abel.
What do you think we could do to better protect the right to property in Australia?
Build more public housing
Limit the right to private property so that enough suitable land is available for the landless to have their rightful access wherever they live (Urban Commons for food AND shelter).
This should not be done as a trickle down benefit of economic growth
a benefit which like the so called “right” to shelter can be relegated to the status of economic ambition.
It is a RIGHT upon which all other rights depend.
If this is not done, the threat to private property will rapidly increase,
… but it is the rights of the landless poor which should motivate us,
not the threat to private property.
Section 6: Other rights and freedoms
Are there other rights and freedoms that you think should be better protected in Australia?
Air water land sunlight. These elements should be protected & access guaranteed to all.
Some people already have more than their rightful share now but when that negatively impacts on the rights of others, as is apparently the case with regard to land access for housing & food. If you believe in climate change, there is also evidence that this is the case with regard to air & water too.
With the opportunity this right would provide, people, especially those currently alienated from the market place would be motivated to help each other to establish themselves. With those skills under their belts, many could CHOOSE to join the market economy, motivated by their own desire for its benefits.
I say CHOOSE because it needs to be an option, not a requirement as is now the case - "earn or learn". To make it mandatory would also be a rights offence.
People who do choose this option incur natural obligations to live sustainably. This would develop much needed skills which society could draw on. They also incur social obligations in return for the benefits of being in society.
Section 7: Local & Community Initiatives
The questions in this section are about local and community initiatives that you or others have undertaken that advance rights and freedoms. This might be through developing voluntary codes of conduct and practice, service provision, sporting events or other community-based education activities.
Have you, your local community, organisation or business undertaken any initiative/s that advance the right/s to freedom of expression, freedom of association, freedom of religion and/or property rights?
Please briefly describe the initiative/s
In your response, you could include:
· Type of initiative (e.g. voluntary code of conduct or practice, non-legal agreement, service provision, sporting event or award)
· When it was first developed and implemented
· Objective and the key human rights issue/s it addresses
· If relevant, how the initiative was innovative or unique
· Whether you formally evaluated the initiative
· Positive and/or negative outcomes
· Whether the initiative was successful overall and why/why not
· Whether the initiative is continuing
Please tell us the main reason/s why you undertook this initiative (check one or more):
To show support for an issue that we believe in
To complement our organisation or business’s existing policies and procedures
To increase awareness of human rights and freedoms among our staff/volunteers/community members
To increase awareness of human rights and freedoms amongst our clients and/or service users
To show support for our staff/volunteers, clients and/or service users who have experienced restrictions on or violations of their human rights
To encourage our staff/volunteers, clients and/or service to take a stand against the abuse of human rights (e.g. by speaking up if they witness human rights violations)
Other