Human rights in Australian opinion polls
This fact sheet summarises public opinion research findings in recent years on human rights and related topics. Three of the surveys included were done by the Social Science Data Archive at the Australian National University in Canberra. They are referred to by date:
1991:
Rights in
Australia 1991-1992: National household sample. Two surveys were conducted:
a telephone survey with 1,522 interviewees and a follow-up mail survey
of 916 people.
1998:
Australian Election Study with 1,897 interviewees from around the
country.
1999:
Australian Constitutional Referendum Survey with 3,431 people Australia-wide.
Also included is Galligan and McAllister's 1991 study comparing the views of lawyers, politicians and others.
Do we have equal rights in Australia?
Most people say 'Yes'. In SSDA's 1991 64% of telephone interviewees said that we were yet to achieve equal rights in Australia and 49% said that we'd have fewer problems as a nation if people were treated more equally. By the end of the 1990s Australians were more satisfied that equal rights had been achieved, at least for women and for migrants. In 1998 about half of 1,797 people interviewed felt that equal opportunities for migrants and women were about right (and therefore didn't require any change) and this number rose to 60% in 1999.
Are traditional values important to us?
The vast majority says 'Yes'. 96% of Australians interviewed in 1999 believed that traditional ideas of right and wrong are important. Therefore, laws should aim to enforce our community's standard of right and wrong (a proposition with 66% support in 1999) rather than protect a citizen's right to live by any moral standard of choice (only 23% support).
Also in 1999, 94% of Australians interviewed said that it is important to strengthen respect for and obedience to authority while 93% said that respecting Australia's political institutions and laws is important.
Are our human rights well protected in Australia?
A mixed response. In 1991 just over one-half (54%) of Australians interviewed by Galligan and McAllister felt that their rights are not well protected against unfair government action. However, 65% of lawyers and 79% of legislators (both Labor and Coalition) stated that human rights are well protected against unfair government action.
Do we place enough emphasis on the rights of the individual?
Many are unsure. In 1999 40% of those interviewed by SSDA believed that not enough focus is placed on the rights of the individual. On the other hand, 30% believed that not enough emphasis is placed on respect for institutions and 30% were undecided. 43% believed there is too much emphasis placed on freedom in preference to conformity while 41% were not sure or didn't support either view.
What are the most fundamental rights?
Right to vote - endorsed by 100% of 916 Australians in 1991 (SSDA).
Freedom from arbitrary arrest - also had 100% support in 1991.
Right to work - also 100% in 1991.
Freedom of religion - 89% believe that freedom of religion should be protected (1991)
Protection of ethnic and racial minorities - 77% believe that this is important (1999).
Trial by jury - 68% told SSDA in 1991 that the right to a jury trial should cover everyone.
Who should set the standards?
In the 1980s, many Australians believed that the federal government was reliant on international treaties and argued that Australia shouldn't follow leads set by international bodies like the United Nations.[1] In 1991, 53% of SSDA's mailout respondents agreed with this, saying we should "make our own way" on human rights rather than follow the lead.
The UN is seen as a source of human rights for Australians. Human rights are seen as internationally relevant but imported and imposed on us. Many Australians believe that we have our own way so our relationship to human rights is aggressive. [2]
Who should have the final say on rights and freedoms - Parliament or the Courts?
The courts are preferred. 59% of SSDA's telephone interviewees in 1991 preferred the courts to have the final say while 41% saw Parliament as the better final authority. A majority of mailout respondents believed that judges are fairer and more competent than politicians.
Most distrust government. In 1991 three-quarters (74%) of mailout respondents believed that politicians cannot be trusted and 67% said that minorities were unfairly treated in Parliament.
There is an expectation that the government will assist in the provision of resources and services during hard times but the reality is that it doesn't always provide during crises … Some people express concern about the government taking action without informing them and therefore denying them the right to choose. This experience is expressed as "they shouldn't be able to do this". [3]
In 1999, 64% believed that politicians are usually or at least some of the time interested in looking after themselves and 69% believed that Federal politicians don't know what ordinary people think.
There is a perception that the government denies human rights and that the government is primarily responsible to change the situation. [4]
Is there support for an Australian Bill of Rights?
Only 57% of lawyers surveyed by SSDA in 1991 supported an Australian Bill of Rights compared with 72% of other Australians. Politicians are split on party lines with 89% of Labor MPs in favour but only 14% of Coalition MPs supporting it.
88% of Australians
favoured holding a referendum to decide whether a Bill of Rights should
be incorporated in the Constitution. Also in favour of a referendum: 75%
of lawyers, 60% of ALP MPs and 75% of Coalition MPs.
1.
In the 1980s, an Advisory Committee on Individual and Democratic Rights
under the Constitution conducted 18 public hearings around the country
to discuss revision of the Australian Constitution and received 815 written
and oral submissions. See Constitutional Commission, Report of the Advisory
Committee on Individual and Democratic Rights under the Constitution,
Constitutional Commission, Sydney, 1987.
2. Representative of NSW Community Legal Centres, May
2001, personal communication.
3. Representative of NSW Community Legal Centres, May
2001, personal communication.
4. Representative of Outlink: Rural Lesbian, Gay and Bisexual
Youth Network, May 2001, personal communication.
