Australian Bill of Rights (Draft)

By RAMBUNCTIOUS

@RAMBUNCTIOUSLIP

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Nov 27, 2024

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Preamble

"We, the people of Australia, united by our shared values of fairness, freedom, and equality, enact this Bill of Rights to safeguard the dignity, rights, and opportunities of every individual, ensuring justice and unity for generations to come."

Generational Rights

This Bill commits to safeguarding the rights of future Australians by enshrining:

• Access to opportunity through education, skills development, and employment.

• Housing security and affordability as fundamental to stability.

• A sustainable environment, protected for future generations.

• Intergenerational equity to ensure today’s policies don’t harm tomorrow’s Australians.

• Protection of cultural and Indigenous heritage as a shared legacy of our nation.

Children's Rights

• Recognition of Family:

• The family unit remains vital to a child's development, supported by access to education, healthcare, and essential resources.

• Protection for Vulnerable Children:

• Children without family support must be given access to professional services that allow their untainted voices to be heard, free from fear of persecution or coercion.

• Institutional Safeguards: Systems designed to care for children must prioritize transparency and accountability, with mechanisms in place to prevent and address failures or abuse.

Core Rights

• Freedom of Expression:

• All Australians have the right to freely express ideas, opinions, and beliefs, subject to laws protecting public safety and against harm or incitement.

• Privacy and Security:

• Individuals are protected from unwarranted surveillance and the misuse of personal data.

• Data collection must be transparent, lawful, and consensual.

• Protection from Arbitrary Detention:

• No person shall be detained without clear legal grounds or due process.

• Everyone has the right to legal representation and a fair trial.

• Equality Before the Law:

• Discrimination based on race, gender, religion, age, or other personal attributes is prohibited.

• Special measures may address systemic inequalities without infringing on individual equality.

• All individuals legally residing in Australia, regardless of origin, are entitled to the same protections and rights under this Bill, fostering unity and inclusion.

• Cultural and Indigenous Heritage:

• All Australians have the right to preserve and celebrate their cultural heritage.

• Indigenous rights to land, language, and tradition are recognized and protected.

• Environmental Protections:

• Everyone has the right to a sustainable environment, with government accountability for safeguarding natural resources.

• Economic and Social Rights:

• Access to affordable housing, quality healthcare, and education is fundamental.

• A living wage and fair labor practices are rights for all workers.

• Government Accountability:

• Citizens have the right to challenge and scrutinize government policies and actions.

• Transparency and independent oversight are mandatory for all public institutions.

Medical Autonomy and Informed Consent

Every individual has the right to make informed decisions regarding medical treatments, free from coercion. No medical procedure shall be performed without the individual's explicit and informed consent, except where authorized by a court of law in accordance with established legal safeguards and subject to judicial review or the risk of legal proceedings.

Implementation Safeguards

Emergency Powers Restrictions

Rights may only be temporarily limited during a national emergency as determined by an independent Human Rights Authority.

This authority shall:

• Declaration of Emergency: Independently assess and declare the existence of a national emergency based on clear, objective evidence.

• Scope and Necessity: Define and justify the specific rights to be limited and ensure all measures are proportionate to the emergency.

• Ongoing Review: Continuously review and assess the necessity and proportionality of measures, with updates published at intervals determined by the Authority.

• Transparency: Ensure all decisions and reviews are publicly accessible to maintain accountability.

• Automatic Expiry: Limitations on rights will automatically lapse unless reaffirmed through the Authority's ongoing assessments and public reporting.