Access to Justice
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It is a fundamental principle of any democratic society that all those living within it have equal access to a justice system where they can expect, and be given, a determination of their rights without fear or favour, and free from external pressures upon a court or tribunal.
Without adequate access to the justice system, protection of human rights is compromised.
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Bill of Rights
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Currently, fundamental liberties are not guaranteed under Australian law.
Liberty Victoria advocates the enactment of a Charter of Rights and Freedoms, based on the Universal Declaration of Human Rights and other international covenants.
This Charter should be passed by the Federal Parliament. It would override inconsistent provisions in Federal Acts, except where these Acts provided that this should not occur.
Liberty's ultimate goal is the entrenchment of a Charter of Rights and Freedoms by constitutional amendment, thus bringing Australia into line with most other Western democracies.
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Constitutional Reform
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Liberty Victoria supports review of our constitutional processes so that the arms of government are democratic, accountable, representative and responsive to the interests of all people and groups within our society.
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Criminal Justice
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Liberty Victoria strives to ensure and safeguard the rights of all people to protection from arrest and unnecessary detention; to a fair, speedy and public trial; to be presumed innocent until proven guilty, and to legal advice and representation.
Sentencing should be based on the principles of rehabilitation, punishment and protection.
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Democratic Rights
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A number of freedoms are fundamental to democracy: freedom of speech; freedom of conscience; freedom of assembly; and freedom of the person.
The functioning of democracy is also dependent upon government accountability, access to information and a fair electoral system based on one vote, one value.
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Discrimination
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All people have the right to freedom from discrimination on grounds such as disability, political belief, race, religion, sex or sexual orientation, age, and marital or other status.
Freedom from discrimination is essential in order to fully enjoy human rights and fundamental liberties in political, economic, social, cultural and other fields of public life.
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Drugs and Alcohol
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Liberty Victoria is committed to reducing the negative consequences of all drug use.
Government policy should be based on objective information, and should attempt to minimize harms associated with drug use. Such conduct should not be punished by the criminal law.
Drug policies must necessarily balance their demonstrated potential to reduce social dsyfunction, injury and death in the general community, against their potential to intrude into an individual’s privacy and freedom of choice and to exacerbate inappropriate discrimination and alienation. Education, treatment and rehabilitation are essential.
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Euthanasia
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iberty Victoria supports the principle of individual sovereignty over one's own mind and body. Competent individuals should have freedom of choice as to whether they wish to receive treatment when no longer competent.
Such freedom is basic to a free democratic society and should be enshrined in our legislation.
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Fair Trade
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Liberty Victoria believes that no trade agreement should be considered by the Australian government if it does not acknowledge the rights of citizens and the sovereign power of democratically elected governments over corporations.
Any international agreements, trade or otherwise, must operate within and be subject to the frameworks of international human rights treaties.
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Freedom of Speech
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Freedom of speech is a fundamental requirement for a democratic society. Since democracy depends on the exchange of ideas and opinions, and community requires communication between its members, it is essential that citizens have the freedom, in any medium, to engage in public debate, to express points of view, and to make their own responses to the world around them. Freedom of expression permits knowledge to flourish and prejudices to be challenged, and diminishes the alienation of those who are not heard.
Nevertheless, Liberty Victoria accepts that the right to free speech is not absolute. It is limited by the need to protect others from harm, when that harm outweighs the benefit derived from the freedom of expression.
topics
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Gender
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Despite the significant advances women have made, women are still disadvantaged compared to men and have less power in society. At present men play a more dominant role in decision-making in government and business and often have access to greater economic resources than women.
Law should recognize this difference in power and take account of the different impact that particular rules have on men and women, because of differences in their experiences.
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Government Accountability
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The separation of the power of the judiciary from that of the legislative and executive arms of government is essential if the law is to prevail.
Were it otherwise, those who make and execute the laws could choose which laws they would obey and which they would not.
Those charged with the role of making government accountable must be independent, properly resourced and protected from unwarranted attack.
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Health
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All persons have the right to equal access to health services and to give informed consent to treatment or refusal of treatment.
Mental health patients are entitled to the same rights. Where consent cannot be obtained, the least invasive or intrusive treatment should be delivered.
Patients have the right of access to their records; health care providers must be accountable.
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Human Rights
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All persons are entitled to have their human rights protected against arbitrary interference by the law.
Parliament should ratify all international covenants on human rights and enshrine them in domestic law.
Parliament should not pass laws to restrict the rights of any groups in a manner inconsistent with international covenants.
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Indigenous Rights
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Indigenous Australians have suffered much injustice in the past, and continue to face inequalities. Legislation should be enacted to ensure that indigenous people enjoy full rights and have access to justice. These are fundamental human rights issues for which all Australians must be responsible.
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Police & Policing
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Coercive powers given to the police must be justified by a demonstrated need, be the least intrusive necessary to achieve their purposes, contain adequate checks and balances to protect the rights of the individual, and be subject to independent scrutiny in order to protect against abuse of such power.
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Prisons & Prisoners
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The real punishment of prison is the deprivation of a person's freedom. While there, the inherent human dignity of a prisoner must be protected.
The least intrusive form of imprisonment necessary for the individual and consistent with rehabilitation should be the aim.
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Privacy & Surveillance
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The right to privacy is a fundamental right of citizens in a democracy. Personal information held by another party should be revealed to the individual, must be corrected if incorrect, and should not be divulged to third parties without consent.
There should be no surveillance or intrusion into a person’s privacy unless specifically authorised in advance by an independent judicial officer. This should only be granted in exceptional circumstances.
Any information gathered must be used only for the original purpose.
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Refugees
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Refugees and asylum seekers are entitled to basic human rights and dignities, such as freedom from arbitrary detention, access to justice and due process.
Australia’s international obligations require it to offer protection to those who have a well founded fear of persecution, to permit asylum seekers to apply for refugee status once in Australia, and to process their claims according to law.
Indiscriminate detention of asylum seekers for indefinite periods in remote places is an affront to human dignity.
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Reproductive Rights
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All people have the right to control their own fertility.
Access to fertility treatment should not be restricted by use of discriminatory criteria, such as marital status or sexual orientation.
The right to choose whether or not to terminate pregnancy is that of the woman.
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Workplace
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Liberty Victoria respects the rights of equality in bargaining power, to a safe workplace, protection from discrimination and harassment, freedom of association, the right to strike and to work free from the fear of arbitrary dismissal.
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Young People
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Children and young people are entitled to equality before the law and freedom from discrimination. Young people should be consulted and participate in decisions affecting them.
Where young people or children come into contact with the criminal justice system, rehabilitative programmes should acknowledge and address their developmental needs and vulnerabilities. Detention should be the very last resort.
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