Christian concerns about an Australian Charter of Rights

Abstract

In 2009, Australia had a debate on whether it should enact a statutory Charter of Rights of a kind similar to that in the United Kingdom, Canada and New Zealand. Some of the most organised opposition has come from churches and Christian organisations. The church groups opposed to a Charter are not at all against recognition of human rights — far from it. However, they oppose a Charter. Paradoxically, most of the churches and organisations perceive religious freedom to be under threat. Why then would churches not support a Charter of Rights? This article explains the concerns of the churches opposed to a Charter. They argue that contemporary Charters of Rights may, in fact, not protect religion very well at all; that they fail to enact the grounds for limitation contained in Art 18 of the International Covenant on Civil and Political Rights; that they may be used to support agendas hostile to religious freedom; and that governmental human rights organisations are rather selective about the human rights they choose to support. Organisations which have a statutory mandate to promote and protect human rights need to examine seriously the criticisms and concerns that have been expressed, if there is to be a national consensus about human rights in Australia that includes people of faith.