Freedoms and rights

International cooperation and human rights

Following the Second World War, there was growing recognition of the need for international standards to protect human rights. This led to the creation of intergovernmental organisations such as the United Nations (UN), which promotes global cooperation and peace.

A photo of lots of different coloured plastic love hearts on a wire, stuck in a grassy area. The hearts are decorated with writing about freedom, and drawings.

Loui Seselja, [Section of the field of hearts display in close-up view, United Nations World Refugee Day and Field of Hearts event, Canberra, 20 June 2004], nla.gov.au/nla.obj-130944424

A photo of a man in a purple apron directing people toward ballot boxes.

Sean Davey, A volunteer guides voters to the ballot box for the electorate of Fenner during the Australian Federal Election Day at the Old Parliament House, Canberra, 2 July 2016, nla.gov.au/nla.obj-550920466

A black and white photo of an Indigenous Australian carrying a sign in a rally of black and white people, that says 'Down with whites who refuse black rights'.

Ken Middleton, [Unidentified Aboriginal male protestor holding 'Down with whites who refuse black rights' banner at land rights demonstration, Parliament House, Canberra, 30 July 1972, 1], nla.gov.au/nla.obj-149419178

A buff coloured poster saying 'Australian Aborigines Conference, sesqui-centenary Day of Mourning and Protest'.

JT Patten, W Ferguson and the Aborigines Progressive Association, Australian Aborigines Conference : sesqui-centenary Day of Mourning and Protest to be held in the Australian Hall, Sydney ... on Wednesday, 26th January 1938 (Australia Day), 1983, nla.gov.au/nla.obj-348899812

Key freedoms and rights

The Australian Government Attorney-General’s Department defines several core freedoms that support democratic participation. These rights are not absolute and may be subject to lawful limitations.

Freedom of opinion and expression

People have the right to express their views through:

Speech and writing
Media and broadcasting
Public protest
Artistic works and advertising

This right may be limited in cases such as:

Inciting violence
Accessing restricted online content
Classifying offensive material

Freedom of association

People have the right to form and join groups or organisations to pursue shared goals.

Freedom of assembly

People have the right to gather peacefully, including for protests and demonstrations.

Freedom of thought, conscience and religion

Everyone has the right to:

Think freely
Hold beliefs based on conscience or religion
Practise and express those beliefs through worship, teaching and observance

This right may be limited only under specific legal conditions.

Freedom of movement

People lawfully in a country have the right to:

Move freely within it
Leave any country
Enter their country of citizenship

This right may also be restricted in certain circumstances.

International treaties and domestic law

Australia is a party to several international human rights treaties. One key agreement is the International Covenant on Civil and Political Rights (1966), which promotes:

Freedom of speech
Freedom of assembly
Electoral rights

The Universal Declaration of Human Rights also supports these principles. However, as a declaration, it does not carry the same legal weight as a treaty.

Importantly, when Australia signs a treaty, it does not automatically become part of domestic law. New legislation is only introduced if existing laws do not already meet the treaty’s requirements.

Australia and the Bill of Rights

Australia is the only Western democracy without a formal Bill of Rights. As a result:

Many rights are only briefly mentioned in legislation
Some rights are implied through court decisions or common law
Legal protections can be inconsistent and open to interpretation

For example, the High Court of Australia has ruled that the Constitution contains an implied freedom of political communication. This is essential for maintaining a representative democracy, even though it is not explicitly stated in the Constitution.

Learning activities

Activity 1: When rights and laws clash

In Australia, people have many freedoms—such as speech, religion and movement—but these freedoms sometimes come into conflict with the law.

Ask students to research real-life Australian examples where one or more of the following freedoms came into conflict with the law:
- freedom of speech
- freedom of association
- freedom of assembly
- freedom of religion
- freedom of movement
For each case, have students record:
- What happened?
- What law or legal action was involved?
- What was the outcome?
- Were the rights upheld, limited or removed?

This can be done in small groups, with students presenting their case studies to the class.

Activity 2: Create a modern Bill of Rights

Many countries and international organisations have written documents that define and protect people’s rights.

Introduce students to examples of human rights documents, such as:
Ask students to create their own version of a Bill of Rights.
- They can include rights from the historical documents they've read.
- They can also include new rights that reflect modern concerns or values (e.g. digital privacy, environmental protection).
Students can present their Bill of Rights as a poster, booklet, or digital display.

Encourage students to reflect on:

Which rights are most important to them?
How would their rights be protected?
Are any rights hard to define or guarantee?

What can we help you find?

International cooperation and human rights