Victorian Charter

Victorian Charter of Human Rights and Responsibilities 2006

Introduction

The Charter of Human Rights and Responsibilities is Human right is a Victorian law that demonstrates important right, responsibilities, and freedoms of people that are living in the Victoria. Under the charter of victories, each element has evaluated and stated carefully including the state, government and local people. In the same concern of this, the aim of this essay is to develop the depth understanding of on the Victorian Charter of Human Rights and Responsibilities (Allison et.al. 2012). In this manner, this essay discuses the substance and goals of the Victorian Charter of Human Rights and Responsibilities. In this essay, it is also discussed that how Victorian Charter of Human Rights and Responsibilities is different from the other Charters of other countries. Moreover, this essay also talks about success of Victorian Charter with which it has received its stated objective.

Substance of the Victorian Charter of Human Rights and Responsibilities 2006

The Charter is an ordinary act of the parliament that is developed for providing the rights and responsibilities to the human beings in Victoria. It offers the relationship with the government and people of the Victoria state. In this charter, the culture of the public is protected by providing the rights, responsibility and freedom. Victoria is only a place in the Australia where all the rights protected in this way for the safety of the human. In this Charter, the each person has right of peaceful assembly and right to freedom of association with others (Debeljak, 2014). Additionally, the people have the right to form or join any trade unions to the security. This Charter needed the public authorities like local government departments, people delivery services, all Victorian people to consistency in the human rights. This Charter protected more than twenty fundamental human rights that include the right to treated equally with others, to be safe from the abuse and any kind of violence, to respect of the privacy and to become a part of family (French et al., 2010). There are some important rights of the Charter such as freedom of movement, freedom of thought, right to life, freedom of expression, cultural rights, right to liberty, and freedom from forced work.

Substance of the Victorian Charter of Human Rights and Responsibilities 2006 also contains the bill of right. It means that the people those are living in the Victoria have right and freedom to expression and also have freedom of religion. It is redevelopment of the Canadian charter of rights and freedoms (Castan & Debeljak, 2012). Moreover, it is found that language right is also a substance essential of the Victorian Charter of Human Rights and Responsibilities 2006. It covers the part II of the Charter of the Victoria. In the same concern of this, judicial system is also known as the one of the main substance of the Victorian Charter of Human Rights and Responsibilities 2006. This substance covers the parts IV and V of court system of Canada. In this, it reviews all the all level of the courts that are situated in Victoria. Furthermore, the study of Victorian Charter of Human Rights and Responsibilities 2006 demonstrates that equal opportunity for all is a substance Victorian Charter (Callaghan & Ryan, 2012). As concerning of this, the concept of the equal opportunity provides the equal chances of the people that are living in the same are without any biasness.

The intentions or goals of the Victorian Charter of Human Rights and Responsibilities 2006

The study of Victorian Charter of Human Rights and Responsibilities Act 2006 shows that is established for protecting the human right in the people that are living in the Victoria. This is developed as the law which also aimed to bring the transparency in the decision making practices in the context of the human right of the Victorian people. The act of the Victorian Charter is to conduct the fairness, transparency and equitable manner.

The Charter is developed for providing the human rights and responsibilities. The protection and promotion of the human rights is the main purpose of this Victorian Charter. The key important of the Charter is to set the basic rights of the human rights. In this, the parliament has set the human rights in order to protect and promote them specially (Gardbaum, 2011). This Charter makes sure all the statutory provisions at the time of interpretation in the possible ways that is compatible with human rights. Moreover, the Charter is effective on the public authority by providing the obligations to ensure the human rights. It promotes the human rights by introducing the bills into the parliament for the compatibility of the human rights and enables the review committee of the act (Tobin, 2010). This Charter also helps the human rights by reporting to the regulation committee and scrutiny. At the same time, it provides the jurisdiction in the Supreme Court by declaring that how a statuary provision is not interpreted constantly for the human rights (Allison et al., 2012). By this, it provides the requirement of the suitable minister for the response of the deceleration.

On the other side, this Charter also permits the parliament to take priority over the application to a statutory provision in some exceptional circumstances. This Charter also provided the additional functions by the naming the ‘Equal Opportunity Commission’ into the ‘Victorian Equal Opportunity and Human Rights Commission’ and it also created the consequential amendments in some acts. Along with this, Victorian Charter also has an aim to develop the equal opportunity for the human beings (Debeljak, 2014). Overall, it can be said that the mainly goal of the Victorian Charter is bring and develop the respect and promote human rights.

Different between Victorian Charter other Charters of other countries

In the reference of the human right, there is also one of more charter that is known as the charter of the united nation. The objective of the UN Charter is aimed to promote the social life and progress and better standards of life in the environment. On the other hand, the Victorian Charter has an aim to improve the practices in the context of the human rights and responsibilities (French et. al. 2010). At the same time, the objective of the Charter of the government of Canada focuses on the family allowances. It also focuses on the manpower training allowances and unemployment insurance. In additionally, it is identified that UN charter is aimed to develop the situation in which practices of the human rights in the reference of the international law. However, there is not a big difference in the Victorian Charter and Canadian Charter because it Victorian Charter is a set of aimed statements to the Constitution of Canada in 1971.

Success of the Victorian Charter

The Victorian charter has been reviewed in after 4 years later after the implication in the society. On the 5 May 2011, the report of the Victorian Equal Opportunity and Human Rights Commission’s 2010 analysed the result of the Charter. This report submitted to parliament which examined the operation of the Charter. The parliament of the Australia is responsible for reviewing the operation of the charter and declaration and interpretation of the result (French, et. al. 2010). In order to do this, the commission request to Victoria’s government departments to provide the report on the Charter. In regard of this, Victoria’s government departments provided the report on the different aspects such as local government policy, number of statutory authorities and Victoria police. The success report of the charter represented impact of the charter on the community, its benefit and limitation on the community (Gardbaum, 2011). This report represented the clear evidence in the context of what changes are observed after the 4 years of the Victorian Charter.

Success of Victoria’s Charter of Human Rights and Responsibilities

Success of Victoria’s charter is the Act 2006 that describes the Victorian law in terms of basic rights, freedoms and responsibilities for all the Victorian people. Charter provides the protection of the legal rights of the people that are applied same to all the Victorians. It includes several rights such as freedom of religion, belief, right to be treated equally. Moreover, it can be determined as the relationship between the government and the people whom it serves and fulfill the desires (Zifcak, 2011). It needs the authorities of the public like Victorian state as well as local government departments and agencies. It also includes the people providing services on the government’s behalf in order to act time to time with the human rights in the Victoria’s Charter.

In the Victoria’s charter, maximum twenty fundamental human rights are save because the Victorian Parliament has recognized that as it is the right of the human beings to be treated equally wherever they move around. The human beings also have the right to be safe from abuse as well as violence. There is a requirement of Charter of the public servants, Victorian government to act in support of human rights. Their main focus is to consider the human rights when the policies are developed, as well as when the laws are made. Thus, whichever state or the local government the society is dealing with the human rights is same and it has to be applied.

The commission evaluated the various examples that represent the success of the charter. In this, a reported has been presented in related to the Human Rights Law Centre where it is determined that Charter proved as the results of promoting dignity and addresses disadvantage. The success of the charter is also evaluated as a positive culture in the society. It has been successful to improve the human right in Victoria in the context of the government procedure and practices (Hoffmann et. al. 2010). At the same time, it is also found that it has applied well with the clear and positive goals. The charter provided the strong and clear framework in the reference of the public service. Even through, this report also evaluated that there is also a need to ensure the application of the charter in all the government agencies. It is also essential for employees of the government to know the implementation of the Charter in the work (Mantouvalou, 2012). Furthermore, it is also analysed that the success of charter is recognised as the successful application of the charter in the practices.

The Report observed that a more consistent approach and application of the Charter would better enable public authorities to deliver better outcomes for all Victorians and would assist in reducing the time spent by the courts and VCAT on matters which could be avoided through better consultation, analysis and planning at the public service level (McKemmish, et. al. 2012)

Although the Report noted four years was a relatively short time in which to adequately assess the Charter’s impact, the Commission has seen increasing sophistication in the utilisation and application of the Charter in that time.  Public authorities are not only training and reporting on the Charter; they are using the Charter to assist their decision making processes, enhance accountability and raise service standards, with the result of ‘achieving fairer, more inclusive and better services’ for all Victorians (Symonides et. al. 2017).

Conclusion

On the basis of the above discussion, it can be determined that Victorian Charter of Human Rights and Responsibilities 2006 is a vital law that care and promote the human right and responsibility. The Victorian charter is a kind of set of proposed amendments to the Constitution of Canada in 1971. The commission is also found that the aspect of the Victorian charter is understandable for the courts and people.  Along with this, the success of the Charter was evaluated as the economical, social and culture rights for the people of the Victoria. The success of the Charter also identified as the improvement in the rights of the disabilities. After the implementation of the Charter, it is also found that it provided the benefit to Victoria’s Indigenous community in the context of the human right.

References

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Callaghan, S., & Ryan, C. J. (2012). Rising to the human rights challenge in compulsory treatment–new approaches to mental health law in Australia. Australian & New Zealand Journal of Psychiatry46(7), 611-620.

Castan, M., & Debeljak, J. (2012). Indigenous peoples’ human rights and the Victorian Charter: a framework for reorienting recordkeeping and archival practice. Archival Science12(2), 213-233.

Debeljak, J. (2014). Proportionality, rights-consistent interpretation and declarations under the Victorian charter of human rights and responsibilities: The Momcilovic litigation and beyond. Monash UL Rev.40, 340. http://www.monash.edu/__data/assets/pdf_file/0020/232526/debeljak.pdf

French, P., Chan, J., & Carracher, R. (2010). Realizing Human Rights in Clinical Practice and Service Delivery to Persons with Cognitive Impairment who Engage in Behaviours of Concern 1. Psychiatry, Psychology and Law17(2), 245-272. http://www.drjeffreychan.com/wp-content/uploads/2015/06/French-Chan-Carracher-_Realisin-human-rights-and-SP_May-2010.pdf

French, P., Chan, J., & Carracher, R. (2010). Realizing Human Rights in Clinical Practice and Service Delivery to Persons with Cognitive Impairment who Engage in Behaviours of Concern 1. Psychiatry, Psychology and Law17(2), 245-272.

Gardbaum, S. (2011). How Successful and Distinctive is the Human Rights Act? An Expatriate Comparatist’s Assessment. The Modern Law Review, 74(2), 195-215.

Hoffmann, S. L. (Ed.). (2010). Human rights in the twentieth century. UK: Cambridge University Press.

Mantouvalou, V. (2012). Human rights for precarious workers: the legislative precariousness of domestic labor. Comp. Lab. L. & Pol’y J.34, 133.

McKemmish, S., Iacovino, L., Russell, L., & Castan, M. (2012). Editors’ introduction to Keeping cultures alive: Archives and Indigenous human rights. Archival Science12(2), 93-111.

Symonides, J. (Ed.). (2017). Human rights: Concept and standards. UK: Routledge.

Tobin, J. (2010). Should Discrimination in Victoria’s Religious Schools Be Protected-Using the Victorian Charter of Human Rights and Responsibilities Act to Achieve the Right Balance. Monash UL Rev.36, 16. http://classic.austlii.edu.au/au/journals/MonashULawRw/2010/16.html

Zifcak, S. (2011) Charter gives protection to the rights we all share [Online]. Available at: http://www.smh.com.au/federal-politics/political-opinion/charter-gives-protection-to-the-rights-we-all-share-20110617-1g7ey.html(Accessed: 3rd November, 2017)

Rob Watts (2017) An Introduction to Applied Human Rights: A Guide for the Perplexed.

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