paul mallett believes that the pursuit of a freer, fairer, and healthier Tasmania would be supported by the introduction of a Charter of Human Rights and Responsibilities.

The Australian Capital Territory (Human Rights Act 2004), Victoria (Charter of Human Rights 2006), and Queensland (Human Rights Act 2019) have paved the way for Tasmania to embrace a similar act of parliament to enshrine rights and responsibilities. See also 101 Cases website advocating for a National Human Rights Act.

paul believes that a Charter should be introduced to protect civil and political rights, as well as socio-economic choices in health, education, and family.  This is important and is needed as it protects people from unfair treatment.

paul also believe that:

• human rights are universal, inter-dependant, inter-related and indivisible, and that protection should be given to civil and political rights, and economic, social and cultural rights.
• a Tasmanian Charter of Human Rights seeks to protect those rights as set out in the UN International Covenant on Civil and Political Rights (ICCPR), and the International Convention on Economic, Social and Cultural Rights (ICESCR);
• Tasmanian human rights legislation should in no manner encroach on the sovereignty of Parliament;
• an independent Office of a Tasmanian Human Rights Commissioner be established. This office would be charged with the responsibility to  build community awareness and serve as a monitor and reporter;
• individuals should be provided the opportunity to enforce their rights in court in the event of a breach;
• a reasonable limiting clause be included in a Charter as is consistent with other jurisdictions that have adopted such a charter and qualified rights in order to protect the rights of others and to advance the common good;
• a regular review of the charter occur every five years.

Given this, paul believes a Charter would:

• provide clarity as to the rights protected for everyone;
• establish a strong framework through which government and public services act to ensure consistency with protected rights;
• remind people in power to think about what is right and fair before they act;
• give people, particularly vulnerable people, a way to speak up when something feels unfair.

Inspiration

paul notes previous attempts have been made to engage the Tasmanian community in conversations about the introduction of a Charter of Human Rights, however significant time has passed without the introduction of legislation.

paul also notes that as far back as 2006-2007, the Tasmanian Law Reform Society, Final Report No 10: A Charter of Rights for Tasmania, that a majority of submissions supported the introduction of a Human Rights Charter.