BLOG - Racial Discrimination Act and Free Speech-Carte Blanche or Fair and Reasonable-Where are Human Rights in all This?

Liz Curran

    Research output: Other contribution

    Abstract

    Anyone listening to recent debate and statements by political leaders and right wing commentators in Australia would think that, as in the United States, there is a right to free speech engrained in Australian laws. Recent moves by the Attorney General George Brandis to amend the Racial Discrimination Act (the RDA) are because there is a claim that the current sections 18C and D of the RDA, which prohibit offensive behaviour (including speech) based on racial hatred, limit free speech. After public outcry and an overwhelming number of submissions raising concerns about the suggested changes in 2014, the proposed amendments were taken off the table. However, the recent terror attacks in Paris, have been used as a vehicle to call for its resurrection by the conservative right. I have long been an advocate for human rights. This includes free speech but I, like Professor Williams believe all human rights need protection, not one in isolation and to the exclusion of other rights. Williams notes It would be preferable to protect the right (of free speech) as part of a more comprehensive scheme of rights protection. In Victoria and the Australian Capital Territory, both with State and Territory human rights legislation, I have seen this framework open up participatory and more democratic dialogues between decision- makers and community members like never before with a consequent balancing and consideration of peoples human rights. This has been especially the case for people with a disability or in need of critical health services that I have assisted.
    Original languageEnglish
    PublisherOxford Human Rights Hub
    Place of PublicationUnited Kingdom
    Publication statusPublished - 2015

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