Democratising human rights

The institutionalisation of human rights, a process which is necessary for their adequate implementation, involves the concretisation and positivisation of human rights. This, in turn, brings into renewed focus persistent disagreements over the correct content, form and valence of human rights. The concept of human rights captures moral insight into the equal worth and importance of all human beings and the political commitment to give this moral insight institutionalised existence through adopting a system of rights and duties which can be used to assert, protect and enhance basic human interests. Disagreement arises first at the point of the most general notions which underlie the concept of human rights: equality and dignity. The lack of more formal recognition of human rights in the Australian Constitution is regretted by many influential Australians including many members of the senior judiciary who regard human rights as inadequately protected within the Australian system.