Human rights

Our vision is for a modern, fair and responsive Queensland where we respect, protect and promote human rights. The Human Rights Act 2019 commenced in its entirety on 1 January 2020 and forms part of the administrative law obligations and oversight mechanisms that hold government to account.

The main objects of the Act are to:

• protect and promote human rights
• help build a culture in the Queensland public sector that respects and promotes human rights
• help promote a dialogue about the nature, meaning and scope of human rights.

Protected human rights

The Act protects 23 fundamental human rights drawn from international human rights law:

1. Recognition and equality before the law
2. Right to life
3. Protection from torture and cruel, inhuman or degrading treatment
4. Freedom from forced work
5. Freedom of movement
6. Freedom of thought, conscience, religion and belief
7. Freedom of expression
8. Peaceful assembly and freedom of association
9. Taking part in public life
10. Property rights
11. Privacy and reputation
12. Protection of families and children
13. Cultural rights—generally
14. Cultural rights—Aboriginal peoples and Torres Strait Islander peoples
15. Right to liberty and security of person
16. Humane treatment when deprived of liberty
17. Fair hearing
18. Rights in criminal proceedings
19. Children in the criminal process
20. Right not to be tried or punished more than once
21. Retrospective criminal laws
22. Right to education
23. Right to health services.

These rights are recognised in international human rights treaties including the:

• Universal Declaration of Human Rights
• International Covenant on Civil and Political Rights
• International Covenant on Economic, Social and Cultural Rights.

The human rights protected under the Act are not absolute. This means that they must be balanced against the rights of others and public policies.

Our obligations under the Act

Queensland Government departments and public service employees (known as public entities) have a responsibility to respect, protect and promote your human rights. They must do this with their actions and decisions. In practice, this means fairer laws, policies and public services.

Under section 58, the Act requires public entities to act and make decisions in a way that is compatible with human rights, and to properly consider human rights when making decisions.

An act or decision is compatible with human rights if it does not limit a human right or only limits a human right if it is justified and in proportion with the circumstances.