The ACT Government conducted an inquiry into the operation of the ACT Human Rights Act (the HR Act), and particularly sought input into the debate on protecting economic, social and cultural rights (ESC rights) within the HR Act. The HRLRC made a submission to the inquiry, arguing that all ESC rights in the International Covenant on Economic, Social and Cultural Rights (ICESCR) should be protected in the HR Act. However, if the ACT Government decides not to include all ESC rights in the HR Act, it should at a minimum protect:
(a) the right to an adequate standard of living – including adequate food, clothing and housing;
(b) the right to the enjoyment of the highest attainable standard of physical and mental health; and
(c) the right to education.
The National Human Rights Consultation, the biggest federal consultation on any issue in Australia’s history, found that these three rights matter most to Australians, because they are the rights at greatest risk, especially for vulnerable groups in the community. The protection and promotion of ESC rights will require the ACT Government to take steps to the maximum of its available resources, with a view to progressively realising ESC rights. A range of remedies, including judicial remedies, should be available for the violation of ESC rights.
