National Human Rights Consultation Submission 

AGWW-7MYUJR 

Name: Barbara Kernos 

Submission Text: 

In my opinion there is no need to have a "bill of rights" in
 
Australia. We already are signatories to human rights agreements and
 
standards, and these should form a basis for any issues to be addressed.
 

 
One of the major issues I see with a bill of rights is the limitations it
 
can have on legislation going forward, and the lack of responsibility put
 
on individuals if they simply believe something is their "right". We have
 
seen in the U.S. the detrimental effect of this type of legislation, where
 
individual rights have become more important than social responsibility.
 

 
One of the strengths of our system of justice is the ability for judges to
 
review individual circumstances and use the reasonable man test in
 
judgements. I believe a bill of rights will undermine this ability, and
 
reduce the laws ability to be flexible according to prevailing community
 
standards and individual circumstances. 

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