'Certainty and coherence in the Charter of Human Rights and Responsibilities Act 2006 (Vic)'

Abstract

After 13 years of operation, it is possible to assess important elements of the Charter of Human Rights and Responsibilities Act 2006 (Vic) for their certainty and coherence. This is a worthwhile exercise because the Charter has been emulated in Queensland and may be emulated at the national Australian level. The important elements selected are the general methodological approach, the content and meaning of human rights (scope) and the interpretation of human rights. The examination reveals that with certain exceptions the Charter has operated with certainty and coherence in these respects. Observations are made about the significance when applying and interpreting human rights of identifying the underlying values embodied and interests protected and what is personally at stake for the individual.