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Race Discrimination

Forty years of the Racial Discrimination Act

In October 1975, at a ceremony for the proclamation of the Racial Discrimination Act, then Prime Minister Gough Whitlam described the legislation as ‘a historic measure’, which aimed to ‘entrench new attitudes of tolerance and understanding in the hearts and minds of the people’.(1) The Act was...

Category, Opinion
Rights and Freedoms

Charlie Hebdo V 18C: no contest

Charlie Hebdo would have risked being censored by the courts, but self-censorship is the reality of Section 18C of the Racial Discrimination Act.

Category, Opinion
Rights and Freedoms

The government should fix two free-speech obstacles together: 35P and 18C

The Abbott government should correct the festering sores of 35P of National Security Legislation and 18C of the Racial Discrimination Act together. Since the passage of Section 35P of the National Security Legislation Amendment Bill a number of journalists have decried the threat to free speech of...

Category, Opinion
Rights and Freedoms

Starting a national conversation about free speech - Opinion piece

In an opinion piece for the Sydney Morning Herald, Human Rights Commissioner Tim Wilson says this week's Free Speech Symposium, together with the Prime Minister's decision not to proceed with changes to the Racial Discrimination Act, marks the beginning of a national conversation about free speech. V...

Category, Opinion

Corporate Australia should act on Thorpe's challenge - Opinion piece

The legacy of Ian Thorpe’s “coming out” is whether corporate Australia will dispel the myth that it won’t support gay and lesbian Australians reaching their full potential, says Human Rights Commissioner, Tim Wilson, in an opinion piece first published in The Australian. Ian Thorpe won the...

Category, Opinion
Rights and Freedoms

Free speech, the public service and civilising behaviour

Before anyone screams "free speech", they should actually know what they are talking about. Earlier this week the Department of Prime Minister and Cabinet released new social media protocols. The protocols limit the capacity of public servants to make statements that are "harsh or extreme in their...

Category, Opinion
Rights and Freedoms

Free speech is best medicine for the bigotry disease

THE proposed amendments to the Racial Discrimination Act provide the basis for correcting the legal limits of free speech, ­promoting pluralism, opposing reprehensible racism and highlighting the importance of ­responsibility. Arguably the most important change is assessing an 18C violation based on...

Category, Opinion
Rights and Freedoms

Freedoms versus anti-discrimination laws? A false debate

Responsibility, anti-discrimination laws, human rights and freedoms - these words have been at the center of an ideological debate about how to protect fundamental freedoms, including freedom of speech, freedom of association and freedom from detention without trial. But if we are serious about...

Category, Opinion
Rights and Freedoms

Freedom of speech is not in danger in Australia (2013)

Freedom of speech is alive and well in Australia but, with respect to Voltaire, we will not defend to the death those who abuse this right by vilifying others in public on the ground of race.

Category, Opinion
Commission - General

Take judges out of human rights process (2009)

Predictably, opponents of a human rights act reacted swiftly to Mr McHugh's comments, misrepresenting concerns about specific aspects of one model of a human rights act as a reason to reject any such act.

Category, Opinion
Rights and Freedoms

Stand on your rights, or see them trampled (2009)

Australia is a great country to live in — for most of us most of the time. We don’t suffer the terrible poverty witnessed in some parts of the world, our judicial system works well by international standards and most of us can vote in elections by secret ballot. Most of us can live pretty safely, say what we like most of the time and, if we are so inclined, practise our faith in peace. Most of us have access to decent education and health services.

Category, Opinion
Commission - General

President speech: ‘How could a Human Rights Act lead to better Government?’

‘How could a Human Rights Act lead to better Government?’ The Hon Catherine Branson QC President, Australian Human Rights Commission Australian Public Service Commission’s Senior Executive Service (SES) Breakfast The Boat by the Lake, Grevillea Park, Menindee Drive, Barton ACT 28 April 2009...

Category, Speech
Legal

Dignity, Fairness and Good Government: The Role of a Human Rights Act - Lord Bingham

It would clearly test to destruction the tolerance of the ordinary red-blooded Australian to have a Pom getting off the plane from London and telling them how to run their country. So I shall not presume to say how the current human rights debate in this country should be resolved. But perhaps I may contribute some thoughts, prompted by our own experience in the United Kingdom, acknowledging as I do so that the Australian context, while in some ways similar, is in others significantly different.

Category, Speech

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