Kelly-Anne Kidston
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Section 116. This section safeguards freedom and religion by prohibiting the Commonwealth’s creation of laws that establish a religion or impose any type of worship or ceremony, as well as from prohibiting any religious practise. Section 116 also bans religious qualifications for public office. This section was tested during the first years of World War II, when the Commonwealth government declared Jehovah’s Witnesses to be a subversive organization, whose activities were endangering the conduct of the war. After police raided and occupied buildings owned by the Jehovah’s Witnesses an Adelaide branch of the church sought an order from the High Court preventing further raids and granting damages. This order was sought on the grounds that both the’s having Commonwealth and the’s government having violated Section 116 in the victimisation of a religious group. Acted in excess of Section 51(vi). The High Court ruled that the Commonwealth’s legislation and conduct did not breach Section 116 but that it’s having done exceed the defense powers granted in Section 51(vi) 🤓 [1]
It has an important role in protecting basic rights for the Australian population. This role is not fully realized to date. The Parliament passed important legislation, including the Racial Discrimination Act 1995 (Cwlth), while its committees such as the Senate Standing Committee for the Examination of Bills determine whether any bills violate personal rights or liberties. However, there is no specific statute that lists the rights core to Australian citizenship. The Australian Constitution doesn’t protect Australian citizens’ basic rights. The Constitution does not include a Bill of Rights. However, it contains a handful of provisions that allow for the exercise of religion free of charge and interstate commerce. [2]
The Human Rights (Parliamentary Scrutiny) Act 2011 established a parliamentary committee that is responsible for scrutinising – closely examining – all bills introduced to the Australian Parliament to see if they are compatible with the 7 core human rights treaties Australia has agreed to. It uses its findings and gives advice to senators on human rights compatibility. House of Representatives. Although the Committee can’t force Parliament into following its recommendations, its findings may be persuasive. Although the Committee’s main role is to scrutinise bills, it can also conduct inquiries into human rights issues in Australia when directed to by the Attorney-General. Last modified by Dandrea Robertison, Zinder (Niger), 25/02/2017 [3]
Ag.gov.au Also, article 4(a) requires that countries criminalize any dissemination of ideas based upon racial superiority and hatred as well as incitement for racial discrimination. Australia, which became a CERD party in 1975 made a statement regarding Article 4(a), stating that at the time it wasn’t in a position for criminalising all of the articles. It has not been removed. Australia committed in 2011 to the establishment of a process to regularly review Australia’s reservations regarding international human right treaties. Joseph Brooks (Nyala, Sudan) updated this version on November 3, 2019. [4]
Refer to the Article
- https://lawgovpol.com/express-rights-constitution/
- https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp9899/99rp20
- https://peo.gov.au/understand-our-parliament/how-parliament-works/system-of-government/rights-in-australia/
- https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-scrutiny/public-sector-guidance-sheets/right-freedom-opinion-and-expression
