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Devaluing Religious Freedom has a Cost for All
Although more than half of Australians identify as religious, it is no secret that traditional and religious values are currently under fire in the public sphere. As discussions unfold regarding a Human Rights Bill in SA, I plead with you to prioritise protections for religious freedom.
Currently, Australia lacks explicit safeguards for religious freedom, despite its international obligations under ICCPR Article 18. As a Christian, it's crucial to me that I can openly express my beliefs without fear of censorship or punishment. Equally important is, for example, the freedom for public discussions to take place openly regarding controversial issues surrounding gender, the freedom for schools and institutions to operate based on a religious ethos, and the freedom of parents to choose non-government schooling options for their children.
Freedom of thought, conscience, and religion serves the interests of all Australians as it upholds diversity, fosters social harmony, and preserves an open marketplace of ideas. Devaluing religious freedom has a cost for all.
If South Australia is to introduce a Human Rights Bill, I urge that it includes provisions that reflect our obligations in the ICCPR to secure the religious freedom of future generations.
The ICCPR demands it – Protect Religious Freedom in SA
The International Covenant on Civil and Political Rights (ICCPR) requires that Australia upholds the freedom of thought, conscience, and religion – including the freedom to express or manifest religious belief. Despite this, Australia currently has no protections to guarantee this right.
As a person of faith, it is important to me that religious freedom is guaranteed by legislation that mirrors the complete text of the ICCPR Article 18. In the words of the Vienna Declaration, “All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis.”
I am concerned that interstate models of a Human Rights Act do not provide sufficient protection for this right. For example, Victoria’s Charter does not include proper protections for the liberty of parents to ensure the religious and moral education of their children in conformity with their convictions, as per art 18.4 of the ICCPR.
At a time where traditional values are encountering resistance, it is critical that the right to religious freedom is fully implemented to reflect the ICCPR in South Australia. Please prioritise religious freedom in discussions concerning a Human Rights Act in SA.
Don’t Follow the AHRC! SA Can Do Better – Human Rights Bill
As discussions begin regarding the potential for a Human Rights Bill in SA, I ask that you ensure the right of religious freedom is not undermined.
I'm concerned that, based on past Bills in Australia and the AHRC's proposed Human Rights Bill, the right to religious freedom may be at risk if South Australian legislation isn't strictly aligned with the ICCPR.
The AHRC’s proposed Human Rights Bill compromises Australia’s international obligation to protect religious freedom by excluding the crucially important requirement in the ICCPR art.18.4 for “respect for the liberty of parents…to ensure the religious and moral education of their children in conformity with their own convictions”. Its proposal to protect choices in “schooling” is insufficient and ambiguous.
Among other changes that the AHRC’s proposal makes to the definition of religious freedom, excluding this right for parents would be significantly detrimental to religious freedom. Human Rights Bills in Queensland and the ACT, and Victoria’s Charter, similarly derogate from our international obligation to uphold religious freedom.
South Australia must make sure future generations can enjoy the full freedom of thought, conscience, and religion by avoiding the pitfalls of the AHRC and Queensland, the ACT, and Victoria.
Let’s Strengthen – Not Weaken – Religious Liberty in SA
As your constituent I write to urge you to prioritise religious freedom when considering the need for a Human Rights Bill in South Australia.
If a South Australian Human Rights Bill follows the models of the eastern States, religious freedom will be weakened. Victoria, Queensland, and the ACT have failed to adopt protections for religious freedom that reflect the standard prescribed by the International Covenant on Civil and Political Rights (ICCPR).
Currently, no protections exist for religious freedom in Australia – despite our international obligations through the ICCPR Article 18.
As a Christian, it’s important to me that I can continue speaking about my beliefs and convictions without censorship or reprisal. According to international law, actions based on religious belief should not be restricted merely on the basis that they may cause offence to some. We must safeguard the right of all people to preach from the Bible or another religious text and act in accordance with their genuinely held religious beliefs.
An inquiry into the need for a Human Rights Act in SA presents an important opportunity for us to consider how we can strengthen, not weaken, religious liberty in SA. I implore you to consider the standard of protection afforded to religious freedom by the ICCPR when evaluating potential provisions in a Human Rights Act.