WEL has made a submission to the current NSW parliamentary inquiry into the Human Rights Bill 2025, a private bill presented by Greens MP Jenny Leong which ‘proposes to establish a statutory human rights framework for NSW and impose measures to support the protection of these rights’.
While submissions closed on July 3rd the inquiry has yet to publish these or initiate hearings. Less than three months remain until the end of the current parliament, with the NSW election scheduled for March 2027.
WEL believes that, while Australia’s patchwork system of state and federal anti-discrimination legislation is currently necessary, it is increasingly ill-equipped to protect or promote women’s progress to equality.
For example, a legislated right to safety and personal autonomy could better ensure proactive reinforcement of protection against violence (including sexual violence) when governments create laws, policies, regulations and when they deliver services for victims, including police services and in the criminal legal system. A right to access health services could force governments and bureaucracies to fund reproductive health access in rural and regional areas.
The rapid rise of extreme right movements attacking women’s equality gains is all the more reason for governments to urgently establish clear legislation to protect and advance human rights. In this context we are very disturbed by the recent decision by the Federal Government to accept only 128 of the 332 recommendations made by the UN Human Rights Council as a result of Australia’s fourth periodic review of our Human Rights standing (see this article by Human Rights Law Centre).
At 39%, this is the lowest acceptance rate by any Federal Government since the Universal Review process began. On average other countries accept approximately 73-76% of all recommendations received. Most striking was Australia’s refusal to endorse recommendations to raise the age of criminal responsibility. Aboriginal and Torres Strait Islander children accounted for about 65 per cent of children in detention on an average day in 2023-24, despite making up only 6.5 per cent of children aged 10–17 in Australia.
One bright spot was Australia’s acceptance of the recommendations on ‘Improving availability of health care in regions, as well as universal access to healthcare for sexual and reproductive health’ (recs: 117 – 121).
WEL participates in the Human Rights Law Centre led campaign advocating for an Australian Human Rights Act. In addition we belong to the Australian Lawyers for Human Rights campaign advocating for a Human Rights Act for NSW. Our policy advocacy is based on WEL’s Human Rights Policy Platform.