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Speak up out of respect for rights and culture

Rights and Freedoms

To advance human rights we need to promote a culture of respect for everyone exercising their choice and freedoms. On a day-to-day basis, human rights probably appear abstract for most Australians.

The term often gets raised in discussion about how we are treating asylum seekers, or when we discuss disadvantage in the community.

It is common for people to say "I have a right to" one thing, or another.

But human rights are not a grab-bag based on a moment of entitlement.

Human rights evolved out of hundreds of years of thinking by great scholars and political events about the basic rights that every individual has, and the limits of government power.

Human rights provide the foundations of our liberal democracy and the freedoms that we all enjoy.

The idea remains revolutionary that all people are created equal and that government should not unjustifiably restrict what individuals can think, say or worship, whom they associate with and how they enjoy the rewards of their work.

It is these ideas that separate our society from many others that have treated people as mere cogs in the machines of government, the economy or society. We believe individuals should be left free to pursue their own dreams, opportunities and enterprise.

These values are underpinned by the human rights of freedom of speech, association, religion and, importantly, property rights. We are all pretty familiar with the first three.

Discussions around freedom of speech can range from the role of an internet filter through to government censorship.

Freedom of association can include whether people feel free to or are coerced to join a union.

The breadth of freedom of religion can range from how far religious institutions can discriminate against those who do not share their faith, and the extent communities can oppose the development of religious buildings.

They represent the core of our civil and political rights.

But what is often forgotten is that human rights also provide the foundation of a market economy through property rights.

For example, the flexibility of Aboriginal and Torres Strait Islander people to exercise their native title over traditional lands, and whether they can use it for housing and economic development, requires exercising property rights.

But the same standards also apply for the mining industry, which is central to economic development and job creation. Continuing debates about how farmers can use their land based on native vegetation laws, or whether they can close the gate on coal seam gas companies are property rights disputes.

And debates about how much the government can tell us what we can do with our own body, how we work, and what we can eat reflect the property rights of the personal domain.

As human rights commissioner, I want to hear the views of average Australians, civil society groups and the business community about where laws and regulations unnecessarily restrict these important rights.

Throughout the remainder of this year, I am holding consultations across the country to find out what Australians are doing to promote a culture of respect so we can be free to exercise our rights with responsibilities. I also want to hear about how we can best protect these human rights and a culture of respect outside of law.

Unlike many other Western countries, Australia doesn't have a Bill of Rights in our Constitution, or a Charter of Rights. Instead, we protect them primarily through laws passed by Parliament, interpretations of laws by judges and a culture that values these rights and responsibilities.

Rights come with responsibilities.

Exercising our rights responsibly requires a culture of respect for others.

Laws can only do so much. It's culture that informs how most of us relate to each other on a day-to-day basis. Even if we have the freedom to say what we want, we don't always say out loud the first thing that comes to our mind. That's because we understand we should exercise our freedom responsibly and be mindful and respectful of others.

Across the country campaigns and programs are bubbling up from individuals, civil society, communities and business that raise awareness and tackle different "isms" and "phobias" that can harm social cohesion.

The recent R U OK? day encouraged social awareness and conversations to help Australians tackle the stigma around mental health.

Companies adopt policies and practices that promote diversity and inclusion and ensure people treat each other with respect in the workplace.

Some of the most impressive work is being done by local groups promoting harmony in their communities.

Promoting a culture of respect matters because Australians are fair-minded people and the extent of our human rights is dependent on protecting the weak and the vulnerable.

We want to hear from groups that are changing attitudes and promoting a culture of respect in Australia.

This week we are holding consultations in WA. To register for the free Perth forum tonight, go to http://www.humanrights.gov.au/rights2014.

Published in The West Australian