Polar Discourse On The Stage Of Human Rights

1 Written by: B. Carroll 25th March 2008

Polar Discourse on the Stage of Human Rights.

This is a short review of two recent articlesposted in December 2007 in the ‘On Line opinion’ e-journal. The first written piece is by George Williams ‘Human Rights Finally Take Centre Stage’ as developed from his University of New South Wales Press book ‘A charter of Rights for Australia’. The second article is written by Angelika Minner, ‘Rights of the terminally ill- a cause to fight for’. The latter piece by Minner is slamming the reader with a well rehearsed biased rhetoric. Miner is a Chapter Coordinator of Exit International and she has not hidden her personal interest and agenda in the debate of human rights pertaining to Euthanasia and Self deliverance. Minner and The Exit International organisation should employ the likes of the positive and drawing logical prowess of an academic writer with the skill of George Williams to aid their cause. Human Rights are an agenda that the entire population of humanity should stand and unite for.

According to Williams ‘A charter could make a real difference to the protection of human rights in Australia.’1 Williams seems to imply that Australians at present are in adeficient state and lacking adequate human rights protection. A reader of Williams article will automatically question, ‘Why and how are my rights not protected?’ Then optimistically declare this must be rectified. In Minner’s contrasting negative point of view in targeting the actions of the previous Australian government, she has not brought to the reader a healthy and optimistic platform to join the crusade of Exit International. Civil disobedience is a legally dangerous course of action to publically insight. In support of Exit International for their ‘moral imperative’2 to stand upon their platform of human rights protection, the organisation is in need of the imminent introduction of an Australian Human Rights Charter. But at that time which rights are to be protected? William’s states that a Charter would 1

Williams, G. 2007, ‘Human Rights Finally take Centre Stage’, ON LINE opinion, 24 December, 2007. Viewed 19 March 2008. 2

Minner, A. 2007, ‘Rights of the Terminally Ill – A Cause to Fight For’, ON LINE opinion, 7 December, 2007. Viewed 19 March 2008.

2 Written by: B. Carroll 25th March 2008

create an Australian reference point against which to examine proposed laws and that furthermore once a constitutional charter of human rights is implemented this then gives a standard for current legislation to be reviewed against also3. With Williams descriptive outline of the workings of a H.R.C (Williams citing on other already introduced H.R.C’s internationally) a question of whether or not the former Australian Federal Government would have been able to overturn the Northern Territory’s Rights of the Terminally Ill Act (ROTI) in 1997, which Minner claims has brought such anguish to many older and terminally ill Australians4. In Minner’s article she has highlighted an opinion where under a future proposed Human Rights Charter of Australia there has been a potential un-constitutional bill passed by the former Federal Parliament of Australia. Where under the Euthanasia Laws Act 1997 it is that the terminally ill and elderly, people of Australia have been wrongly stripped of an elementary

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human right, their right to die peacefully and with dignity . Williams’s article has brought attention to a blanketing solution for a multitude of human rights inadequacies with the implementing of a Human Rights Charter in Australia’s Parliament and where a Human Rights Charter would be ‘ensuring that fundamental principles of human rights are taken into account at the earliest stages of the development of

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law and policy.’ It follows that when a charter of human rights is introduced the Euthanasia Laws Act 1997 made by Federal Parliament would be directed back to Federal parliament for review. Whereby to then ensure that the Euthanasia Laws Act 1997 is not legislation that acts unconstitutionally against an Australian citizen and their human rights. A Human Rights Charter will be a welcomed conventional sign, standing for equality for the people of Australia.

3

Williams, op.cit

4

Minner, op.cit

5

Minner, op.cit

6

Williams, op.cit