What About My Rights? (Pt I)
PART 2—HUMAN RIGHTS7 Human rights—what they are and when they may be limited
s. 7
(1) This Part sets out the human rights that Parliament specifically seeks to protect and promote.
(2) A human right may be subject under law only to such reasonable limits as can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom, and taking into account all relevant factors including—
(a) the nature of the right; and
(b) the importance of the purpose of the limitation; and
(c) the nature and extent of the limitation; and
(d) the relationship between the limitation and its purpose; and
(e) any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve.
Since we're not living in a free and democratic society this all becomes null and void. Victorians did not vote for this charter, we took part in no referenda.
(3) Nothing in this Charter gives a person, entity or public authority a right to limit (to a greater extent than is provided for in this Charter) or destroy the human rights of any person.
Unless, of course, you are an eeeeevil oppressor, in which case you have less rights than everyone else who is not you.
8 Recognition and equality before the law
(1) Every person has the right to recognition as a person before the law.
(2) Every person has the right to enjoy his or her human rights without discrimination.
(3) Every person is equal before the law and is entitled to the equal protection of the law without discrimination and has the right to equal and effective protection against discrimination.
(4) Measures taken for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination do not constitute discrimination.
Aaaah. Good to see that discrimination will still actually exist. They'll just call it affirmative action again, I guess.
9 Right to life
s. 9
Every person has the right to life and has the right not to be arbitrarily deprived of life.
Except for the unborn, of course, because their right to life may detract from the right to life of their host.
10 Protection from torture and cruel, inhuman or degrading treatment
A person must not be—
(a) subjected to torture; or
(b) treated or punished in a cruel, inhuman or degrading way; or
(c) subjected to medical or scientific experimentation or treatment without his or her full, free and informed consent.
Yay! No more ABC TV or radio, no more reality tv, no more pictures of the
11 Freedom from forced work
(1) A person must not be held in slavery or servitude.
(2) A person must not be made to perform forced or compulsory labour.
(3) For the purposes of subsection (2) forced or compulsory labour does not include—
(a) work or service normally required of a person who is under detention because of a lawful court order or who, under a lawful court order, has been conditionally released from detention or ordered to perform work in the community; or
(b) work or service required because of an emergency threatening the Victorian community or a part of the Victorian community; or
(c) work or service that forms part of normal civil obligations.
(4) In this section court order includes an order made by a court of another jurisdiction.
12 Freedom of movement
s. 12
Every person lawfully within Victoria has the right to move freely within Victoria and to enter and leave it and has the freedom to choose where to live.
And here I thought I could live anywhere I chose already. Thank you, masters, for graciously allowing me that which I already owned.
13 Privacy and reputation
A person has the right—
(a) not to have his or her privacy, family, home or correspondence unlawfully or arbitrarily interfered with; and
(b) not to have his or her reputation unlawfully attacked.
Since we no longer have any privacy anyway, this is irrelevant. Children/teenagers and young adults have no concept of privacy so again, it's moot. Just check out myspace. Watch Big Brother on the teev, or one of those 'talent' shows where people humiliate themselves in front of millions of people in the hope of gaining something lacking within themselves.
14 Freedom of thought, conscience, religion and belief
(1) Every person has the right to freedom of thought, conscience, religion and belief, including—
(a) the freedom to have or to adopt a religion or belief of his or her choice; and
(b) the freedom to demonstrate his or her religion or belief in worship, observance, practice and teaching, either individually or as part of a community, in public or in private.
(2) A person must not be coerced or restrained in a way that limits his or her freedom to have or adopt a religion or belief in worship, observance, practice or teaching.
Okay, there is so much I could say to this which will land me in breach of the human rights of whomever is reading this and decides to be offended.
When do rights in this bloody fascist utopia come with responsibilities?
There are some religious practices/beliefs that I find offensive, but I'm sure I will get in trouble if I say so.
15 Freedom of expression
s. 15
(1) Every person has the right to hold an opinion without interference.
(2) Every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds, whether within or outside Victoria and whether—
(a) orally; or
(b) in writing; or
(c) in print; or
(d) by way of art; or
(e) in another medium chosen by him or her.
(3) Special duties and responsibilities are attached to the right of freedom of expression and the right may be subject to lawful restrictions reasonably necessary—
(a) to respect the rights and reputation of other persons; or
(b) for the protection of national security, public order, public health or public morality.
This means you can say anything you would like, however you would like, so long as we let you.
16 Peaceful assembly and freedom of association
(1) Every person has the right of peaceful assembly.
(2) Every person has the right to freedom of association with others, including the right to form and join trade unions.
Hmmmm. So we can join trade unions. What if we want to join clown classes? Is that considered acceptable?
This is merely a part of the latest atrocity forced upon us here in Melbournistan. The notes in italics are mine.
We already had the Racial and Religious Tolerance Act of 2001, so it's not as if we weren't already being strangled.
Apparently there was some sort of community consultation process, which took a whopping SIX MONTHS!
There was even a committee with highly educated and decorated people a part of it.
Colour me stupid, and nothing personal, Andrew, but since when does making a living playing basketball enable you to have a say in what the hell I may think, feel, say or associate with?
Damned if I know, and damned if I try to speak my mind.
posted by Nilk @ 10:15 PM
7 Comments:
Where is part one?
Oops! This is part one. I'll fix the title.
I'll have more to say after work tonight.
Thanks, sfw. :)
God, excellent post, Nilk. DAMN EXCELLENT!
Thanks, El Cid. I'm thinking I should do a layperson's reading of the whole bloody thing just to see how it all reads.
The fact that it's now enshrined that I have the right to live in this state or out of it is breathtaking in it's arrogance.
Hey nilk,
1° First of all, my best to you and yours for 2008
2° Great post
3° I still have to offer my condolences for the disappearance of Howard
3° ... and I saved a photo of your Dear Leader and his coterie. DO NOT WORRY RE YOUR LAST QUESTION. Australians ARE apparently entitled to form clown classes! My God, what an idiotic bunch. I'm gonna use that photo one day, that's for sure.
Well... election cycles only last three years in Oz, right? Try to survive until 2010.
What a fucken load of shit. The scary thing is that we've got people who don't understand where rights come from drafting a law that is going to form the basis for all other laws!
You'll notice that there rules always come down to some ruling elite making a decision on what is right or wrong, viz:
(4) Measures taken for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination do not constitute discrimination.
3) Special duties and responsibilities are attached to the right of freedom of expression and the right may be subject to lawful restrictions reasonably necessary—
(a) to respect the rights and reputation of other persons; or
In other words there are no inalienable rights. When a difficult decision has to be made our great (left-wing, of course) rulers will decide right from wrong according to the rules of political correctness and fashionability.
16 Peaceful assembly and freedom of association
(1) Every person has the right of peaceful assembly.
(2) Every person has the right to freedom of association with others, including the right to form and join trade unions.
I wonder if this interpretation of freedom of association allows me not to associate with people I don't want to. For example, does freedom of association allow me only to employ white people if I want, or have a nightclub only for gay people, or a church only allow straight people as officials. Somehow I think this interpretation of 'freedom of association' might end up giving gay people their nightclubs, but white people will be told who they have to employ and the only religious groups that will be able to choose their membership will be muslims. It's all in the name of 'Measures taken for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination do not constitute discrimination', you see.
Dear Lord, but this is a worry!
The disturbing thing is that when people like Janet Albrechtsen raise concerns about this kind of thing, the Lefties all start comparing it to the Magna Carta.
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