Human Rights Explained
Fact sheet 1: Defining Human Rights
Human rights are often defined in different ways.
Simple definitions that are often given include:
- the recognition and respect of peoples dignity
- a set of moral and legal guidelines that promote and protect a recognition of our values, our identity and ability to ensure an adequate standard of living
- the basic standards by which we can identify and measure inequality and fairness
- those rights associated with the Universal
Declaration of Human Rights.
The Australian Human Rights and Equal Opportunity Commission Act 1986 (‘HREOC Act’) contains a limited definition of human rights for the purposes of that Act.
‘Human rights’ are defined by section 3 of the HREOC Act as being those rights and freedoms contained in specific international instruments that are scheduled to, or declared under, the HREOC Act.
These instruments are:
- International Covenant on Civil and Political Rights
- Convention on the Rights of the Child
- Declaration on the Rights of the Child
- Declaration of the Rights of Disabled Persons
- Declaration on the Rights of Mentally Retarded Persons
- Declaration on the Elimination of All Forms of
Intolerance and Discrimination Based on Religion or Belief.
The effect of this limited definition is to limit the scope of the functions of the Human Rights and Equal Opportunity Commission (‘HREOC’) which relate to ‘human rights’ (see section 11 of the HREOC Act).
The Aboriginal and Torres Strait Islander and Social Justice Commissioner also exercises functions on behalf of HREOC in relation to the human rights of Aboriginal and Torres Strait Islander people (see section 46C). ‘Human rights’ in this context includes the rights and freedoms recognised by the International Convention on the Elimination of All Forms of Racial Discrimination.
In exercising these functions, the Commissioner is also required to have regard to additional human rights instruments where appropriate, namely:
- Universal Declaration of Human Rights
- International Covenant on Economic, Social and Cultural Rights
- any other instrument relating to human
rights that the Commissioner considers relevant.
Updated March 11, 2008 .
