National Human Rights Consultation Submission 

AGWW-7RD8GD 

Name: Craig Winkler 
Submission Text: 

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The notion of agreeing to some form of words around Human
 
Rights is a noble one, however I submit that it is not an altogether
 
sensible one.
 

 
First, human rights are only truly maintained in a cohesive society which
 
subscribes to a belief in our the equality and value of each human being.
 
If that belief is not in place, and strongly maintained by all the
 
institutions of the society, then no amount of words will support human
 
rights. If I am allowed to become so hardened and self-absorbed as to
 
believe that others have less value than me, then Australian society is
 
lost. Allowing me to focus on my rights does nothing to suggest that I
 
should spend more time focussing on the inherent value of those around me.
 

 
Second, there is much talk today of ‘rights’ but little of
 
‘responsibility’. I submit that it is our responsibilities in society that
 
deliver rights, and it is these responsibilities which should be the focus
 
of the debate. If I am disabled, for example, I can claim my rights all day
 
long to no avail. My rights will continue to be trampled unless the society
 
in which I live owns its responsibilities to each member of society (see
 
also my first point). A bill or charter of rights simply fails to live up
 
to the hype, although it may salve our collective conscience for a time.
 

 
Third, an emphasis on rights over responsibilities can lead members of
 
society to use their ‘rights’ as a means to mount a kind of societal
 
warfare. We do not need another tool for conflict in society - this would
 
make a mockery of the process by trampling on the rights of others in the
 
name of somebody else’s rights. A functioning civil society requires give
 
and take. A focus on rights promotes ‘take’ over ‘give’.
 

 
Fourth, a bill or charter of rights is the wrong way to go about protecting
 
such fragile and important matters. The US experience is a clear warning
 
against this approach, where unelected officials exclusively determine the
 
interpretation of an aspirational document. This is remarkably
 
undemocratic. Laws encouraging responsibility to one another and protecting
 
the marginalised should continue to be made in parliament by elected
 
representatives. No doubt this process can be improved, but this is its
 
rightful place if we want to remain a democratic society. Yes, these laws
 
will be interpreted by unelected people, however they remain as a
 
democratic extension of society, and can be amended as required to clarify
 
the original purpose.
 

 
The rights I claim today as a proud citizen of Australia have really been
 
won by the sacrifice of many before me. The sacrifice of volunteers in war,
 
the sacrifice of those who began hospitals, churches, welfare agencies and
 
so on, without reference to their rights, but with reference to their sense
 
of responsibility.
 

 
I propose that we invest our energy as a society in two ways to maximise
 
the rights enjoyed by all Australians. First, by maintaining and enhancing
 
our existing legislative processes to ensure that areas where people’s
 
rights are damaged are fully debated and considered, and a response which
 
reflects the rights of the whole society are enacted. Second, promoting and
 
supporting societal responsibility, and those serving our society in a
 
selfless way. We need to go well beyond the Honours List (although that is
 
a start). The Australian Human Rights Commission could be renamed the
 
Australian Human Rights and Responsibilities Commission, and should be the
 
centrepiece of reminding Australians that only through working hard for the
 
good of our neighbour do we ultimately see the best outcome for ourselves,
 
with the best protection of our own rights.
 

 
Let’s not follow other countries down a path of conflict, unrepresentative
 
interest groups and further self-centredness. Let’s engage with a spirit of
 
mateship, selflessness and goodwill to make Australia stronger than ever
 
before. 

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