Human Rights and Freedoms

Where do they come from and how are they protected?
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Protection of our inherent rights

Human rights are part of our everyday lives. They are the basic things everyone needs to live well, to feel safe, to grow, and to be treated with fairness and respect.

According to Freedom House, Australia scored 95 out 100 for global freedom. That means we have
strong protections for important rights like voting, speaking your mind, practicing your religion, a fair trial and owning property. These freedoms are what make our democracy work.

Human rights are inherent

It is easy to think that human rights come from laws, treaties,
or big organisations like the United Nations. If our rights only
exist because a government or treaty says so, what happens if
that recognition is taken away? If rights are something given
by authority, then they can be taken back and that’s a pretty
shaky foundation.

Human rights do not come from laws or governments. They
are inherent, meaning we are born with them, and
inalienable, which means no one can take them away. We
have them simply because we are human.

The Universal Declaration of Human Rights is based on the
“recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family” as “the
foundation of freedom, justice and peace in the world.”

Patchwork protection of human rights

Australia is a free society. People have the freedom to do whatever they choose unless a specific law states otherwise. In other words, we are free to act as we wish unless there is a rule that clearly prohibits it.

This is different from an authoritarian society, where people only have the rights the government decides to allow. In Australia, our rights are not ‘given’ by the government; we already have them.

Australia does not have a Bill of Rights. Instead, our rights are
protected in lots of different ways. These include:
• The Constitution
• Common law (Judge-made law based on legal traditions going back to England, like the Magna Carta)
• Statue law (laws made by parliament)
• Government bodies (like the police)
• International treaties we have signed

This patchwork system might seem a bit messy, but it provides
checks and balances and works because the Australian
culture is one that values and supports human rights and
freedoms. Sometimes, laws need to limit certain rights to
protect the rights of others or to keep people safe.

But when that happens, the limits need to be fair, clearly
explained, and only go as far as absolutely necessary. It is all
about finding the right balance

    Freedom of speech

    Basic freedoms, like freedom of speech, religion, movement and being a part of a community are protected by this patchwork system and are only limited when absolutely needed to protect others or maintain public order.

    No country gets it right all the time. Human rights need to be watched over, talked about and defended, by governments and engaged citizens. Importantly, freedom of speech is vital in any democracy. It allows people to express opinions, criticise government, and take part in shaping the rules that affect their lives without fear of punishment for having an opinion. But just like other rights, sometimes freedom of speech needs to be limited to protect the rights of others in our community.

    For example:
    • Common Law Freedoms – Include speaking openly,
    publishing views, and freedom of belief and
    conscience.
    • Constitutional Protections – The High Court
    recognises an implied right to political
    communication.
    • Legal Limits – Some speech is restricted, such as
    hate speech, defamation, or speech inciting
    violence (e.g. s18C Racial Discrimination Act (Cth)).
    • State-Based Protections – e.g. s16 of the ACT Human
    Rights Act(NSW) 2004 protects free expression.

    Rights and Responsibilities

     

    In a free society like Australia, it is not about just knowing your own rights. There is also a responsibility to respect the rights of others and to find a balance when one person’s rights conflict with those of another person.

    Freedom doesn’t mean doing whatever we want – it means making choices that support fairness, dignity, equality and the common good. Our rights are only as strong as our willingness to stand up for them and ensure they are respected by governments, communities, and individuals alike.

    Enjoying rights also means accepting the responsibility to
    protect them, not just for ourselves, but for everyone.