The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2024, the Covenant has 174 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.
The Racial Discrimination Act 1975(Cth) is an Act of the Australian Parliament, which was enacted on 11 June 1975 and passed by the Whitlam government. The Act makes racial discrimination in certain contexts unlawful in Australia, and also overrides state and territory legislation to the extent of any inconsistency.
The Australian Human Rights Commission is the national human rights institution of the Commonwealth of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but operating independently of, the Australian Government. It is responsible for investigating alleged infringements of Australia's anti-discrimination legislation in relation to federal agencies.
The Canadian Human Rights Act is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set of prohibited grounds. The prohibited grounds currently are: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. Before the act was enacted, at least two provinces had enacted their own anti-discrimination laws. Ontario passed its Racial Discrimination Act in 1944, and Saskatchewan passed its Bill of Rights in 1947.
Human rights in Australia have largely been developed by the democratically elected Australian Parliament through laws in specific contexts and safeguarded by such institutions as the independent judiciary and the High Court, which implement common law, the Australian Constitution, and various other laws of Australia and its states and territories. Australia also has an independent statutory human rights body, the Australian Human Rights Commission, which investigates and conciliates complaints, and more generally promotes human rights through education, discussion and reporting.
Canadian lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are some of the most extensive in the world. Same-sex sexual activity, in private between consenting adults, was decriminalized in Canada on June 27, 1969, when the Criminal Law Amendment Act, 1968–69 was brought into force upon royal assent. In a landmark decision in 1995, Egan v Canada, the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms. In 2005, Canada became the fourth country in the world, and the first in the Americas to legalize same-sex marriage. In 2022, Canada was the third country in the world, and the first in North America, to fully ban conversion therapy nationwide for both minors and adults.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Australia rank among the highest in the world; having significantly advanced over the latter half of the 20th century and early 21st century. Opinion polls and the Australian Marriage Law Postal Survey indicate widespread popular support for same-sex marriage within the nation. Australia in 2018, in fact was the last of the Five Eyes set of countries - that consisted of namely Canada (2005), New Zealand (2013), United Kingdom (2014) and the United States (2015) to legalize same-sex marriage. A 2013 Pew Research poll found that 79% of Australians agreed that homosexuality should be accepted by society, making it the fifth-most supportive country surveyed in the world. With its long history of LGBTQ activism and annual Gay and Lesbian Mardi Gras festival, Sydney has been named one of the most gay-friendly cities in the world.
A private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation instead of by a public prosecutor who represents the state. Private prosecutions are allowed in many jurisdictions under common law, but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain barristers.
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.
Toonen v. Australia was a landmark human rights complaint brought before the United Nations Human Rights Committee (UNHRC) by Tasmanian resident Nicholas Toonen in 1994. The case resulted in the repeal of Australia's last sodomy laws when the Committee held that sexual orientation was included in the antidiscrimination provisions as a protected status under the International Covenant on Civil and Political Rights (ICCPR).
Human trafficking in Australia is illegal under Divisions 270 and 271 of the Criminal Code (Cth). In September 2005, Australia ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which supplemented the United Nations Convention against Transnational Organized Crime. Amendments to the Criminal Code were made in 2005 to implement the Protocol.
Blasphemy is not a criminal offence under Australian federal law, but the de jure situation varies at state and territory level; it is currently not enforced in any Australian jurisdiction. The offences of blasphemy and blasphemous libel in English common law were carried over to the Australian colonies and "received" into state law following Federation in 1901. The common-law offences have been abolished totally in Queensland and Western Australia, when those jurisdictions adopted criminal codes that superseded the common law. In South Australia, Victoria, and the Northern Territory the situation is ambiguous, as the local criminal codes do not mention blasphemy but also did not specifically abolish the common-law offences. In New South Wales and Tasmania, the criminal codes do include an offence of blasphemy or blasphemous libel, but the relevant sections are not enforced and generally regarded as obsolete.
Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory.
The hate speech laws in Australia give redress to someone who is the victim of discrimination, vilification or injury on grounds that differ from one jurisdiction to another. All Australian jurisdictions give redress when a person is victimised on account of skin colour, ethnicity, national origin or race. Some jurisdictions also give redress when a person is victimised on account of religion, disability, gender identity, HIV/AIDS status or sexual orientation.
The publishing of any "blasphemous libel" was a crime in New Zealand under Section 123 of the Crimes Act 1961 which allowed for imprisonment for up to one year. However, Section 123 protected all publications and opinions on any religious subject expressed in good faith and decent language against prosecution and specified that prosecution may proceed only with the leave of the attorney-general.
Victims' rights are legal rights afforded to victims of crime. These may include the right to restitution, the right to a victims' advocate, the right not to be excluded from criminal justice proceedings, and the right to speak at criminal justice proceedings.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Australian state of Tasmania have the same legal rights as non-LGBTQ people. Tasmania has a transformative history with respect to the rights of LGBTQ people. Initially dubbed "Bigots' Island" by international media due to intense social and political hostility to LGBTQ rights up until the late 1990s, the state has subsequently been recognised for LGBTQ law reforms that have been described by activists such as Rodney Croome as among the most extensive and noteworthy in the world. Tasmania's criminal penalties for homosexual activity were the harshest in the Western world when they were repealed in 1997. It was the last Australian jurisdiction to decriminalise homosexuality after a United Nations Human Rights Committee ruling, the passage of federal sexual privacy legislation and a High Court challenge to the state's anti-homosexuality laws. Following decriminalisation, social and political attitudes in the state rapidly shifted in favour of LGBTQ rights ahead of national trends with strong anti-LGBTQ discrimination laws passed in 1999, and the first state relationship registration scheme to include same-sex couples introduced in 2003. In 2019, Tasmania passed and implemented the world's most progressive gender-optional birth certificate laws. In July 2023, the Tasmanian government officially included and also added "asexual or asexuality".
The Alberta Human Rights Commission (AHRC) is a quasi-judicial human rights commission in Alberta, Canada, created by the provincial government.
An Act to amend the Canadian Human Rights Act and the Criminal Code is a law passed in 2017 by the Parliament of Canada. It was introduced as Bill C-16 of the first session of the 42nd Parliament. The law adds gender expression and gender identity as protected grounds to the Canadian Human Rights Act, and also to the Criminal Code provisions dealing with hate propaganda, incitement to genocide, and aggravating factors in sentencing.
Section 18C of the Racial Discrimination Act 1975, deals with offensive behaviour "because of race, colour or national or ethnic origin" in Australia. It is a section of the Racial Discrimination Act 1975, which was passed by the Australian Parliament during the term of the Whitlam government and makes racial discrimination unlawful in Australia. Section 18C was added by the Keating government in 1995. The Section has been controversial and subject to much debate.
