EU Charter of Fundamental Rights Causes a Stir Downunder

Australia is a signatory to many human rights treaties, though it is almost unique among liberal democracies in lacking a domestic charter of human rights. The trend seems to favour the adoption of such a charter, as evidenced by the ACT and Victoria enactment of legislation modelled on the UK’s Human Rights Act 1998. Indeed, the Federal Government is presently engaged in a national public consultation on the adoption of charter of rights for Australia.

Last week, on the 24th April, federal Parliament, jointly with ANU, hosted a public forum examining how Bills of Rights impact on the roles of the legislature. The presentations from professors of law, political science as well as politicians canvassed a range of international models. Professor Bronitt, Director of the National Europe Centre ANU, offered a European perspective, taking the opportunity to raise awareness of the EU’s Charter of Fundamental Rights. Adopted at Nice in 2000, the EU Charter is an expansive catalogue of rights which covers the traditional civil and political rights as well as social and economic rights. With the ratification of the Lisbon Treaty, the Charter will be transformed from its current ‘soft law’ status as a solemn political declaration, to a document that has the same legal value as the Treaty itself.

Professor Bronitt told the forum that the EU Charter provided another model for Australia to consider. He also took the opportunity to demonstrate another of the EU Charter’s virtues, namely its accessibility, by showing the audience the EU Commission’s mini-book version of the Charter. The mini-book, which contains the complete official text of the Charter, is less than the size of a matchbox.

To download the full text of the presentation, visit click here.