ALHR 2019 Human Rights Report Card
The 2019 Human Rights Report Card from Australian Lawyers for Human Rights (ALHR) has shown some states and territories dropping significantly in their human rights performance for the year. While others flatlined in 2019, too few showed any improvement. Several key performance areas, such as disability, LGBTI and refugee rights also went backwards in 2019 when compared to 2018.
The Federal Government recorded a grade of D- for its human rights performance, the third-worst government performance for 2019 after Tasmania and the Northern Territory.
ALHR President, Kerry Weste said, “With the exception of South Australia recording a solid improvement, and a modest progression in Western Australia, there is little solace to be gained from the performance of the remaining state and territory governments. The Northern Territory and Tasmanian governments, in particular, need to re-ignite their efforts to improve their commitment to improving the human rights of their citizens. Worryingly, the Federal Government has performed significantly poorer this year, even in disability rights for which many expected to see an improvement.”
“The Disability Royal Commission was a welcome implementation of the Senate Inquiry into violence, abuse and neglect against people with a disability in institutional and residential settings and response to long-term calls from advocates and people with lived experience. The Terms of Reference broadly cover all forms of violence, abuse, neglect and exploitation in all settings. There is a swell of hope that this will uncover the treatment of Australians with a disability and promise an inclusive and equal future.
“However, the operation of the Disability Royal Commission has been subject to significant criticism. There has been a call for some Commissioners to resign due to conflicts of interest, concerns that legal and emotional supports were not properly set up before public hearings took place and that some people with lived experience were being excluded from the process. This has really undermined the process and integrity of the Disability Royal Commission. While it is early days and we hope those criticisms are resolved very soon,” ALHR VIce President and Chair of the Disability Rights Subcommittee, Natalie Wade, said.
“Australia continues to lack a Federal framework to protect human rights. We are the only developed Western democracy without a Federal Human Rights Act or Bill of Rights. Australia is bound by the seven core international human rights conventions and remains a member of the UN Human Rights Council but our citizens and residents continue to live without the human rights protections enjoyed by others in comparable countries across the Western world. In the absence of a federal framework to protect human rights, Australia cannot affect appropriate and proportionate balancing between, for example, national security and freedom of expression or between religious rights and other rights,” Ms Weste said.
“On a state and territory level, Queensland performed strongly in the first quarter of 2019 with the passing into law of the Queensland Human Rights Bill. However, this great work was fast eroded by the passing of the Summary Offences and Other Legislation Amendment Bill 2019 in October, resulting in police being granted further search and seizure powers where they reasonably suspect people are carrying attachment devices that are designed to prevent or delay the removal of protesters from public spaces. The legislation also makes it an offence for protesters to use such attachment devices in public places, with protestors facing up to two years imprisonment and is a significant breach of human rights.”
“As we commence another decade, ALHR will continue to monitor, scrutinise and challenge the performance of Australian governments to ensure they are improving the human rights and lives of all Australians. ALHR sincerely hopes 2020 will see a significant and sustained improvement in all areas of human rights and freedoms and urges the Federal Government, in particular, introduce a Human Rights Act to reform the Constitution as soon as possible,” Ms Weste said.
Read below for the 2019 ALHR Human Rights Report Card table. The key findings identified Australian states and territories receiving the following grades. Please find attached compiled ALHR Human Rights Report Card 2019 with context for each area evaluated.
ALHR Human Rights Report Card 2018 v 2019 results
| Government | 2018 Score | 2019 Score |
| Federal Government | C- | D- |
| NSW | D | D+ |
| Victoria | C | C |
| Queensland | B+ | C+ |
| Western Australia | C | C+ |
| South Australia | D | B |
| Tasmania | D | F |
| Australian Capital Territory | B- | B- |
| Northern Territory | D | F- |
Read the report cards in full here
TABLE OF CONTENTS
NSW…………………………………………………………………………………..2
VIC……………………………………………………………………………………6
QLD…………………………………………………………………………………..8
WA……………………………………………………………………………………11
SA…………………………………………………………………………………….14
TAS……………………………………………………………………………………16
ACT…………………………………………………………………………………..17
NT……………………………………………………………………………………19
DISABILITY RIGHTS…………………………………………………………………..22
LGBTI RIGHTS………………………………………………………………………..24
REFUGEE RIGHTS……………………………………………………………………26
BUSINESS & HUMAN RIGHTS……………………………………………………….32
ECONOMIC, SOCIAL AND CULTURAL RIGHTS……………………………………….36
HUMAN RIGHTS ACT………………………………………………………………..38
Contact: Matt Mitchell, ALHR media manager 0431 980 365.
ALHR was established in 1993 and is a national association of Australian solicitors, barristers, academics, judicial officers and law students who practise and promote international human rights law in Australia. ALHR has active and engaged National, State and Territory committees and specialist thematic committees. Through advocacy, media engagement, education, networking, research and training, ALHR promotes, practices and protects universally accepted standards of human rights throughout Australia and overseas.