December 09, 2024
Contact: Kerry Weste

For immediate release: 10 December 2024

Civil society unites behind call for a Human Rights Act for South Australia

Today, on International Human Rights Day, an alliance of civil society organisations has come together and issued a statement calling for the enactment of a South Australian Human Rights Act that legally protects the dignity and interests of all South Australians. 

Significant momentum has been building for more widespread legislative protection of human rights across Australia. The Australian Capital Territory, Victoria and Queensland have already enshrined human rights in Acts of Parliament. The South Australian Parliament is currently conducting an Inquiry into the Potential for a Human Rights Act for SA. The Report of the federal Parliamentary Joint Committee on Human Rights’ Inquiry into Australia’s Human Rights Framework, released in May 2024, not only recommended the enactment of a federal Human Rights Act, it emphasised the need for states like South Australia to move towards introducing their own human rights legislation.

The South Australian Council of Social Service (SACOSS), Australian Lawyers for Human Rights (ALHR) and the Rights Resource Network (RRNSA) are united in the call for law reform, and they are not alone.

Dr. Sarah Moulds, RRNSA Convenor said: We are grateful that South Australia’s Parliamentarians are willing to listen to individuals and organisations who share our vision and we commend the establishment of the Social Development Committee’s public Inquiry into the Potential for a Human Rights Act for South Australia. This Inquiry is currently conducting the essential work of reviewing the effectiveness of our existing laws and mechanisms for protecting human rights and considering the improvements that SA could make.  Our state now has an opportunity to put in place laws that live up to the promise of the Universal Declaration of Human Rights by protecting the wellbeing of everyone in SA and sending a message to our children and young people that we care about their future, and we’re prepared to do the hard work to create lasting social change.”

South Australian Commissioner for Children and Young People Helen Connolly said: “When describing the community and world they want to live in, children and young people focus on equality, fairness, and respect. A Human Rights Act would uphold these values and ensure leaders, decision makers, organisations and service providers consider children’s rights as core business rather than as an afterthought. A Human Rights Act for South Australia should recognise and address poverty as a structural barrier to realising children’s rights, uphold children’s participation, consider the impacts of today on the children of future generations and establish ways to embed children's rights within education settings.”

Executive Director of Shelter SA, Dr Alice Clark said: “While homelessness exists, South Australia is abrogating its commitment to human rights. Australia is a signatory to various human rights treaties that include the right to an adequate standard of living, food, clothing and housing, and to the continuous improvement of living conditions. The right to housing and the right to the highest attainable standards of physical and mental health are intrinsically linked. Adequate shelter does not mean just a roof over your head, it means access to appropriate privacy, space, security, lighting, ventilation, basic infrastructure, location and facilities, all at a reasonable cost. As evidenced by the growing number of people experiencing homelessness and living with housing stress, the human right to housing is not assured in South Australia. A Human Rights Act that includes the right to housing, would represent a significant step forward in assuring the dignity and quality of life of our citizens.” 

Human Rights Act for South Australia is a joint civil society coalition initiated by the South Australian Council of Social Service, Australian Lawyers for Human Rights and the Rights Resource Network of SA. 153 organisations and experts have endorsed the Coalition’s statement, Proposing a Human Rights Law for South Australia.

The Coalition groups have written to the Premier of SA, the Hon Peter Malinauskas MP, seeking a meeting in the New Year to discuss the outcomes of the Social Development Committee Inquiry. 

Submissions and evidence taken by the SDC are available here

A list of case studies that evidence the benefits that Human Rights Acts are delivering in the ACT, Victoria and QLD is available here.

The Designing a Human Rights Framework for South Australia Report issued by the Rights Resource Network SA (RRNSA) in February 2022 is available here.

Contact: 

ALHR Media Manager, Louise Hall – 0428 212 833

SACOSS Communications Manager, Ben Osborne – 0421 226 722

Rights Resource Network (SA), Sarah Moulds – 0401 132 544

Human Rights Day Statement

A Call to Action

10 December 2024

It’s time to consider South Australia’s next chapter in a proud history of adopting socially progressive legislation. We need a Human Rights Act to secure the rights and freedoms that apply to all our people regardless of their background or belief, based on principles of dignity, equality and mutual respect. 

Our State Parliament has responded to representations from hundreds of individuals and community organisations. In December last year, the Social Development Committee (SDC) announced an Inquiry into the Potential for a Human Rights Act for South Australia. The Inquiry is reviewing the effectiveness of current laws and mechanisms for protecting human rights in South Australia and any possible improvements to these mechanisms. Its report is due in the New Year.

We don’t have comprehensive legal protection for human rights in Australia.  Only certain human rights are protected across an inconsistent patchwork of state laws, and many human rights are not protected at all. This leaves gaping holes in human rights protection which entrenches inequality, discrimination, and the risk of rights abuse, particularly for people in vulnerable circumstances.

A clear example is evidence published in the ‘Holding On To Our Future’ report released by the Commissioner for Aboriginal Children and Young People in May, 2024. It reveals the shocking truth that 1 in 10 Aboriginal children are in state care in SA. She found Aboriginal children are over-reported, over-investigated and over-represented in removals and long-term Guardianship orders. She wants Aboriginal family and children’s rights to be better respected.

At the national level, a very extensive report from the Parliamentary Joint Committee on Human Rights (PJCHR) was published in May this year. We now see our national parliament take the case for human rights legislation seriously. The PJCHR report strongly emphasises that all states and territories yet to do so now need to move towards introducing their own human rights legislation and recommends: 

  • comprehensive and effective protection of human rights in legislation, through the establishment of a Human Rights Act;
  • a significant and ongoing commitment to human rights education;
  • requirements for public servants to fully consider human rights in the development of legislation and policies.     

Politicians, from all political perspectives, want our laws and administrative policies and actions to be respected, understood and workable. People want fair, responsible government where the public interest is the heart of decision-making. Bringing human rights into legislation, at the core of public policy, reinforces the idea that the public good is a constant goal of any administration and of all governments.

South Australians have responded to the Inquiry into the Potential for a Human Rights Act for South Australia by coming forward and calling for the legal protection of their human rights, including their right to housing, the right to equal access to health care and education. A Coalition including the Rights Resource Network South Australia, the South Australian Council of Social Service and Australian Lawyers for Human Rights has written to the Premier of SA, the Hon Peter Malinauskas, seeking a meeting in the New Year to discuss the outcomes of the Social Development Committee Inquiry. We are very hopeful that the Committee’s report will recommend improving human rights provisions in our state’s laws.      

Today, on International Human Rights Day, this Coalition is calling for the meaningful legal protection of human rights across our state in a Human Rights Act for SA.

Contacts: Sarah Moulds (RRNSA) - 0401 132 544   Louise Hall (ALHR Media) – 0428 212 833

 

For immediate release: 10 December 2023

Parliamentary inquiry into Human Rights Act for South Australia

South Australia is one step closer to a Human Rights Act, with the Social Development Committee of the South Australian Parliament committing to hold a parliamentary inquiry into how human rights across the State can be guaranteed and protected. 

The announcement comes on Human Rights Day and exactly one year after a group of more than 150 organisations and experts endorsed a joint statement calling on the SA Government to inquire into a Human Rights Act for South Australia.

A Human Rights Act would set certain rights in legislative stone, meaning the government would have to check its legislation does not unreasonably impede those rights before it passes laws and public authorities would have to act consistently with those rights when making decisions. It would also provide South Australians with pathways to seek just solutions if their human rights are breached.

The move to establish an inquiry has been applauded by the South Australian Council of Social Service (SACOSS), the Rights Resource Network of South Australia (RRNSA) and Australian Lawyers for Human Rights (ALHR), who led the joint statement. 

Dr. Sarah Moulds, RRNSA Convenor said, “We commend the Parliament for establishing this Inquiry to examine how we can improve human rights protections across our state. 

“Despite our proud history as a leader in protecting democratic freedoms, South Australian's basic rights remain largely unprotected under existing legislation, leaving us lagging behind other jurisdictions,” Dr. Moulds said.

“The Australian Capital Territory, Victoria and Queensland have already enshrined human rights in Acts of Parliament.  

“These laws are returning dignity and power to everyday people, and helping government officials to make fair and caring decisions. 

“South Australians deserve a similar framework as we tackle big challenges like the housing crisis, domestic violence, equitable timely access to healthcare and inclusive education for all children,” she said. 

Contact: Australian Lawyers for Human Rights media manager: 0428 212 833

For immediate release: 8 December 2022

Human Rights Day 2022: Over 150 organisations and individuals say it’s time for a Human Rights Law for SA

A group of over 150 organisations and individuals have endorsed a statement calling for a parliamentary Inquiry into a Human Rights Act for South Australia. The statement – released to coincide with international Human Rights Day tomorrow – has been led by the South Australian Council of Social Service (SACOSS), the Rights Resource Network of South Australia (RRNSA) and Australian Lawyers for Human Rights (ALHR).

Ross Womersley, CEO of SACOSS said, “This statement represents a powerful, unified call from an incredibly diverse range of voices who value this state’s proud record of adopting socially progressive legislation. We believe it’s now time to consider the next chapter – a Human Rights Act that legally protects the dignity, security and interests of all South Australians.”

Sarah Moulds, RRNSA Convenor said, “The Australian Capital Territory, Victoria and Queensland have already enshrined human rights in Acts of Parliament.  These laws are returning dignity and power to everyday people, and helping government officials to make fair and caring decisions about things like access to services and policy development. For example, they have been used to protect women at risk of domestic violence, to ensure public housing is accessible for people with mobility issues, to prevent restrictive practises in aged care facilities, and to secure children access to education and healthcare services. 

South Australia now has an opportunity to put in place similar laws to protect the wellbeing of everyone in our state.  Holding a public inquiry into a human rights law for South Australia would give everyone in our state the chance to design a law that meets the needs of our many different communities.  It would also send a message to our children and young people that we care about their future, and we’re prepared to do the hard work to create lasting social change.”

Natalie Wade, ALHR Chair of Disability Rights said“In the absence of a Human Rights Act, the most vulnerable people in our community live without any legislated framework to directly or completely protect their rights and freedoms. Current South Australian laws and policies provided the backdrop to the confronting case of abuse and neglect against Anne-Marie Smith, a woman with disability and the significant number of incidents of persons with disabilities facing legal and attitudinal barriers preventing access to education, healthcare, employment, justice or other services, are evidence of the consequences of inadequate human rights protections in our state.

Human rights must drive the work of our government and its agencies, from the development of laws and policies, through to the daily decision-making by government that directly impacts our quality of life. Every South Australian must be able to obtain affordable, accessible solutions for justice if their human rights are breached.

Ross Womersley concluded, “Our proposal for change reflects our desire to live in a society that strives for the values we hold most dear: justice, equality and a ‘fair go’ for all. This Human Rights Day, we invite every South Australian to join the conversation and we call upon the Government to lead a community-wide conversation by establishing a public inquiry into a Human Rights Act for South Australia. 

Contact: Australian Lawyers for Human Rights media manager: 0428 212 833