Human Rights Act 2004

This Act is the Human Rights Act 2004.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘human rights—see section 5.’ means that the term ‘human rights’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2 Human rights

In this Act:

human rights means—

the civil and political rights in part 3; and

the economic, social and cultural rights in part 3A.

Only individuals have human rights.

This Act is not exhaustive of the rights an individual may have under domestic or international law.

Examples of other rights

1 rights under the Discrimination Act 1991 or another Territory law

2 rights under the ICCPR not listed in this Act

3 rights under the ICESCR not listed in this Act

4 rights under other international conventions

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Part 3 Civil and political rights

Note The primary source of these rights is the International Covenant on Civil and Political Rights.

Everyone has the right to recognition as a person before the law.

Everyone has the right to enjoy their human rights without distinction or discrimination of any kind.

Everyone is equal before the law and is entitled to the equal protection of the law without discrimination. In particular, everyone has the right to equal and effective protection against discrimination on any ground.

Examples of discrimination

Discrimination because of race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth, disability or other status.

Everyone has the right to life. In particular, no-one may be arbitrarily deprived of life.

This section applies to a person from the time of birth.

No-one may be—

tortured; or

treated or punished in a cruel, inhuman or degrading way.

No-one may be subjected to medical or scientific experimentation or treatment without their free consent.

Note Family has a broad meaning (see ICCPR General Comment 19 (39th session, 1990)).

The family is the natural and basic group unit of society and is entitled to be protected by society.

Every child has the right to the protection needed by the child because of being a child, without distinction or discrimination of any kind.

Examples of distinction or discrimination

Distinction or discrimination because of race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth, disability or other status.

Note A child also has the other human rights set out in this Act.

Everyone has the right—

not to have their privacy, family, home or correspondence interfered with unlawfully or arbitrarily; and

not to have their reputation unlawfully attacked.

Everyone has the right to move freely within the ACT and to enter and leave it, and the freedom to choose their residence in the ACT.