Since I got into an argument in my politics class over whether or not Australia needs a Bill of Rights it got me thinking. Does Australia need one? Have other countries with them benefited from having one or has it been a detriment? Not counting, of course, the questions of how it would be enforced, who it would apply to and whether it would be greater than, less than or equal to the current laws and constitution?
The general consensus in class seemed to be ‘if it doesn’t affect my everyday life I’m not going to care about it’. That complacency is a slippery slope in today’s society though. We think that we live in a free country and that our rights are protected. But all we have to do is look at other countries and what they’re introducing to see that that’s not the case. I’ll use two recently introduced laws as example.
1. The anti-terrorism laws that have been introduced in the US. The general belief is that citizens of the US are ‘innocent until proven guilty’ and have ‘right to a fair trial’. They have the ‘right to an attorney’. However the new laws state that someone suspected of terrorism can be detained without notice and without counsel. There need not be a warrant. They can be interrogated without anything to check the interrogators. Is this our free society? One where the privacy of our phone conversations and e-mails and our very freedom can be taken away simply because we are suspected of something, true or not?
2. The sedition laws currently in place in our beloved Australia. This takes away one of our other most basic rights – our freedom of speech. Journalists for example can be arrested for sedition simply for expressing their opinion. It need not be libel. It need only be something that the government don’t want heard at the time.
I can’t look at these examples and say that we don’t need a bill of rights. Something simple, that is above all other laws and above even our constitution. Something that can only be changed by the vote of the people not by the vote of politicians. (I’m not saying that they’re the enemy. Only that this document should require the full weight of Australian opinion, not merely a sample group based on who was popular at the time.)
What rights are we entitled to? I can’t say I would be able to name all of them off the top of my head, but some basic ones come to mind.
1. Right to due process
2. Right to free speech
3. Right to live in a democracy
4. Right to freedom of religious practice
These are basic human rights. They are infringed upon every day in almost every country. Some of them are infringed here, in Australia. The lucky country. And where does it stop? Sure, it’s just one small law that is a problem now. But soon enough it will be two. Then three. Our rights will be chipped away so gradually that by the time it starts to ‘effect our everyday lives’ it will be too late. The changes will be law and we will be forced to live with them, with no other choice.
Why wait until then? If it never happens, that’s wonderful. We still have a legal document that reminds every day of basic human rights and defines our moral stance as a country to other nations. If, however, things like this do start to occur we can rest safe in the fact that our Bill of Rights, something that cannot be changed without our consent, will give us the vision and starting point we need to stand up and collectively say ‘this isn’t right’.