A Potential Human Rights Act in Queensland and Inclusion of the Right to Health

COMMUNITY EMPOWERMENT

A potential Human Rights Act in Queensland and inclusion of the right to health

Claire E. Brolan,1,2,3 Lisa Herron,1 Anna Carney,4 Eva M. Fritz,1 Judy James,1 Miranda Margetts1,5

n the first half of 2016, Queensland Abstract Parliament’s Legal Affairs and Community ISafety Committee led an inquiry into the Objective: To identify the level of public support for a Human Rights Act for Queensland appropriateness and desirability of legislating (HRAQ) and for inclusion of the right to health by participants in a public inquiry process. for a Human Rights Act in Queensland. Methods: We reviewed the 492 written submissions to the Legal Affairs and Community The inquiry process included seven public Safety Committee’s Inquiry into a potential HRAQ and the transcripts documenting the public hearings between April and June 2016: two in hearings held by the Committee in 2016. Brisbane and one each in Townsville, Cairns, Results: A total of 465 written submissions were analysed; 419 (90%) were for a HRAQ. More New Mapoon, Thursday Island and Lockhart than 80% of the ‘for’ submissions advocated the right to health’s inclusion. At the seven public River. On 30 June 2016, the committee hearings, 72 persons made verbal submissions and most supported a HRAQ. Five major themes delivered its report to the Queensland were identified in our synthesis of the public hearing transcripts. Three related specifically Parliament. The committee, comprising four to health and human rights: 1) the need to consider the holistic health and human rights of opposition and three government members, Indigenous Queenslanders and Indigenous Queensland communities; 2) instilling a human was “unable to agree on whether it would rights culture in Queensland; and 3) access to health care and the underlying determinants be appropriate and desirable to introduce of health. The other two themes related to the conduct of the Inquiry: 4) the importance of human rights legislation in Queensland”.1 community participation in developing a HRAQ; and 5) concerns about the public consultation processes. Subsequently, in October 2016, Queensland Premier Annastacia Palaszczuk announced Conclusion: This study found strong support in the majority of submissions for the Queensland that Cabinet had committed to introducing Parliament to draft and enact a HRAQ, and for the inclusion of the right to health in such a Human Rights Act for Queensland (HRAQ), legislation. modelled on the Victorian Charter of Human Implications for public health: The Queensland Parliament’s enactment of a HRAQ that Rights and Responsibilities Act 2006.2 If a HRAQ expressly included the right to health would increase the accountability and transparency of follows the Victorian model, it would likely government health (and related) decision making and resource allocation, and would better omit the right to health, which is absent from identify and address health inequities across the state. This Act is imperative for improving the the Victorian Charter.3 health and wellbeing of all Queenslanders, particularly rural and remote and Aboriginal and Torres Strait Islander Queenslanders. The imperative to include the right to health Key words: human rights, right to health, social determinants of health, Queensland, Human in a HRAQ is reinforced by Queensland’s Rights Act, Aboriginal and Torres Strait Islander health, rural and remote health unique geographic context and health landscape. Queensland is Australia’s second dislocation, stolen wages and oppression, and What is the right to the highest largest state (occupying almost one-quarter Pacific South Sea Islander slave labour.4-8 of the continent) and faces unique disease attainable standard of physical and burden and health system challenges. This study examined the content of mental health (right to health) in These are related to the state’s geography, submissions and presentations by witnesses international law? to the inquiry into a potential HRAQ to demography, socio-cultural diversity and The right to health, grounded in Article 12 of determine the level of public support for a unique history, including a history of state- the International Covenant on Economic, Social HRAQ and for specific acknowledgement of condoned rights (encompassing the right to and Cultural Rights (ICESCR), 1966, which was the right to health. health) violations, such as Indigenous forced ratified by the Australian Government in 1975,

1. School of Public Health, Faculty of Medicine and Biomedical Sciences, The University of Queensland 2. Dalla Lana School of Public Health, The University of Toronto, Canada 3. School of Population and Global Health, The University of Melbourne, Victoria 4. Independent Consultant, Queensland 5. Health and Human Development, Montana State University, United States Correspondence to: Dr Claire E. Brolan, School of Public Health, Faculty of Medicine and Biomedical Sciences, The University of Queensland, Herston Road, Herston, Queensland 4006; e-mail: [email protected] Submitted: February 2017; Revision requested: May 2017; Accepted: September 2017 The authors have stated they have no conflict of interest. This is an open access article under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs License, which permits use and distribution in any medium, provided the original work is properly cited, the use is non-commercial and no modifications or adaptations are made. Aust NZ J Public Health. 2018; 42:120-6; doi: 10.1111/1753-6405.12734

and other formative international treaties human right.9 Therefore, should the right territory with an international border, creating (for example, the Convention on All Forms to health be spelled out in Queensland potential cross-border disease transmission of Elimination of Discrimination Against legislation, the Queensland people would (such as MDR-TB and cholera) and additional Women [1978], the Convention on the Rights have an added layer of accountability with challenges for health policy and resourcing in of the Child [1989], and the Convention respect to the decisions made (or not made) the state’s isolated far north.20,21 Queensland on the Rights of Persons with Disabilities by the Queensland Government that affect has the third highest rate of suicide in [2006]), is not ‘a right to be healthy’. 9 In other their health and wellbeing. Australia after the Northern Territory and words, governments in countries such as Tasmania.22 Taken together, this evidences the Australia, and domestic state or territory Why the right to health must be part serious and complex nature of the ongoing governments such as the State Government of a HRAQ population health concerns and inequities of Queensland, cannot ensure good health in the State of Queensland. This confluence Cancer, cardiovascular disease, mental for all people within their borders or provide of poor health, and its negative impact on disorders and musculoskeletal conditions protection against all causes of ill health. Queensland’s most marginalised people, are the top four contributors to Queensland’s In turn, any expectation that ‘a right to be grounds the need for the right to health’s total disease burden, with mental disorders, healthy’ be provided to the people by their explicit inclusion in any future HRAQ. musculoskeletal disorders and respiratory government is misplaced.9 This relates to conditions the leading causes of the state’s structure and agency factors that shape and Improved accountability and transparency disability burden.11 Like elsewhere in impact community and individual health: Australia, Queensland is facing continuing A right to health that is expressly “genetic factors, individual susceptibility to ill increases in hospital admission rates, incorporated in a future HRAQ would offer health and the adoption of unhealthy or risky emergency department presentations and guidance to better public health policy lifestyles” may all play a role.9 disability burden. While Queensland’s Chief in these domains, and could also offer a Rather, the right to health under Article 12 Health Officer has described this combination mechanism to hold to account state and contains two elements: first, the right to of factors as creating “unsustainable” provincial governments that fail in these timely and appropriate health care; and pressure on the state’s hospital and health respects. Indeed, the “principal value add” second, the underlying determinants of systems,12 a HRAQ containing the right to of inserting the right to health in a HRAQ health – the “wide range of socio-economic health would support advocacy for equitable would be one of advocacy and accountability: factors that promote conditions in which access to healthcare and improvements in “Because it converts passive beneficiaries into people can lead a healthy life”.9 Specifically, determinants of health for all Queenslanders. claim[s]-holders and states and other actors these include “access to safe and potable This is particularly important for potentially as duty-bearers that can be held to account water and adequate sanitation, an adequate vulnerable and marginalised Queenslanders, for their discharge of legal, and not merely 23 supply of safe food, nutrition and housing, including Aboriginal and Torres Strait Islander moral, obligations”. For social advocates healthy occupational and environmental people, older people, those with disabilities, and legal practitioners alike, law as opposed conditions, and access to health-related rural and remote Queenslanders and the to policy will frequently be the preferential education and information, including on one in five Queenslanders living in areas of remedy to tackle health inequities and sexual and reproductive health”.9 In view socioeconomic disadvantage.13 injustices experienced by minorities and the of the broad scope of the determinants of socioeconomically disadvantaged.24 This is For Queensland’s 200,000 Indigenous health, the right to health “transcends almost because the pursuit of the right to health people,14 although life expectancy has every other right”.10 should not be a matter of charity, morality, increased and the life expectancy gap for beneficence, or compassion – or the ad hoc A government’s obligation to respect, Indigenous Queenslanders has decreased, policy that is and can be health policy in protect and fulfil the right to health, however, large disparities remain: Indigenous Queensland – but one rooted in the law.25,26 is not without caveat: it depends on the Queenslanders are four times as likely to die Health advocacy in Queensland can only be context-specific conditions prevailing in before 50 years of age as non-Indigenous strengthened by way of legal teeth: “Rights the state. Therefore government is obliged Queenslanders, and the disability burden rate remove discretion from development and to “tak[e] steps”, “to the maximum of its for Indigenous Queenslanders is 90% higher provide a framework of accountability”.27 available resources”, “with a view to achieving than for their non-Indigenous counterparts.12 progressively the full realization” of this human Under-registration of Indigenous births is Of course, litigation is not (and should not right. International human rights law is thus highly problematic, especially in remote be) the only tool at citizens’ and advocates’ 28,29 pragmatic: it acknowledges that constraints Queensland,15 with lack of birth registration disposal, and must be the last resort. due to finite resources (such as limited instrumental in setting the stage for Certainly, “the optimum situation is for legal fiscal and human resources) will impede Indigenous inequity, discrimination, standards to be internalised by individuals a government’s fulfilment of their health marginalisation and poor health across the to such an extent that court cases are 30 obligations and that an incremental approach life course.16 unnecessary”. However, Queensland Health toward attaining “the right to the highest has already been called upon to “be open Recent figures indicate sexually transmitted attainable standard of health” is required. to transparently engaging with the broad- infections (STIs) are on the rise in “Progressive realization” means governments ranging health issues raised by all parties”31 Queensland,17 while concern remains have “a specific and continuing obligation – and a HRAQ that includes the right to around a sustained Queensland response to move as expeditiously and effectively as health will go some way in compelling such to HIV prevention.18,19 Compounding this, possible towards the full realization” of this openness. Queensland is the only Australian state or

Progressing a rights-based and community Methods the Queensland Parliament website, were inclusive decision making culture subjected to discourse and thematic Data analysis Inclusion of the right to health would tell networks analysis by CEB to derive themes the people of Queensland that their health The 492 written submissions, publicly and explore participants’ understanding and 33,34 matters, and it would give particular voice available on the Queensland Parliament signification of ideas. Emergent findings to rural and remote Queenslanders, as well website, were divided among research were shared iteratively with the research as to Queensland’s Aboriginal and Torres team members. Each member analysed team, and final findings were cross-checked Strait Islander peoples. The UN Committee submissions using an Excel spreadsheet and by the team members to ensure study rigour. on Economic Social and Cultural Rights, coding sheet to identify: To minimise researcher bias, research team in expanding on the meaning of the right • the submitter (person or persons, state members undertook to not consider the to health in its General Comment No. 14 actor, non-state and corporate actors, findings of the Committee’s final report until of 2000, was emphatic that an “important unclear) they completed analysis of the submissions. aspect” of this right “is the improvement and • the submitter’s position toward a HRAQ The research team were aware of the furtherance of participation of the population (for, against, neither/neutral, unclear, not- existence of the final report, but all undertook in the provision of preventive and curative applicable) to not consider it until the results of the health services, such as the organization • the four main reasons for the submitter’s analyses had been completed and collated. of the health sector, the insurance system position for or against a HRAQ and, in particular, participation in political • if the submitter was for a HRAQ, had Ethics statement decisions relating to the right to health taken they identified – explicitly or implicitly All data analysed are available in the public 9 at both the community and national levels”. – whether the right to health should be domain on a Queensland Government The Committee continued: included. website. Written submissions were published The formulation and implementation of The right to health was determined to on this website only after formal acceptance national health strategies and plans of action be ‘implicitly’ included if the submitter by the Legal Affairs and Community Safety should respect, inter alia, the principles of non- requested: Committee. Attendees at the Inquiry’s discrimination and people’s participation. In public hearings were advised at the outset particular, the right of individuals and groups • broad inclusion of economic, social, and of those hearings by the Committee Chair to participate in decision making processes, cultural rights in a HRAQ (of which the right that their identity and correlating verbal which may affect their development, to health is part); submission would be recorded on the must be an integral component of any • a minimum of three rights relating to the Queensland parliamentary website, as the policy, programme or strategy developed underlying determinants of health (the Committee’s proceedings are proceedings of to discharge governmental obligations second element comprising the right to the Queensland Parliament and subject to the under article 12. Promoting health must health) be included – such as the right involve effective community action in setting to housing, education, food, water, or standing rules and order of the parliament. priorities, making decisions, planning, a safe, clean, healthy, and sustainable Since all material cited in this study is freely implementing and evaluating strategies to environment; or available in the public domain, the University achieve better health. Effective provision of of Queensland Human Research Ethics health services can only be assured if people’s • acknowledgement of other rights that Committee granted a waiver of consent, in participation is secured by States. 9[paragraph 54] include the right to health, e.g. where the accordance with the National Statement on submitter requested all the rights listed Improved participation and inclusion by the within the UN Convention on the Rights Ethical Conduct in Human Research 2007 35 Queensland community in health decision of Persons with Disabilities 2006, which (updated May 2015). making would facilitate a broader rights- includes the right to health for persons based culture, and aligns with similar calls with disabilities (Article 25). Results from other key UN instruments, such as the To enhance this study’s inter-rater reliability, UN Declaration on the Rights of Indigenous when a research team member was unsure Analysis of written submissions Persons and Convention on the Rights of how to code a submission, other team There were 492 submissions to the Human Persons with Disabilities. members were approached to analyse that Rights Inquiry published on the Queensland submission and findings were cross-checked Parliament website. Eighteen of the 492 Objectives and agreed upon. CEB also randomly audited submissions were missing (‘sequence number team members’ findings and then synthesised not utilised’) and nine were determined This study had two objectives: to compile overall findings from analysis of to be duplicates. Hence we analysed 465 • to determine the level of support for the the written submissions. submissions. Most submissions were made by introduction of a HRAQ among participants The second part of the investigation aimed persons (n=384), then non-state actors (n=66) who made verbal or written submissions to to elicit the main messages on health and and state actors (n=12), and there were three the Inquiry human rights delivered to the Inquiry by submissions where the submitter’s identity • to identify expressions of support for witnesses at the seven public hearings held was unclear. acknowledgement of the right to health in between April and June 2016. We used Of the 465 submissions, 419 (90%) were for a HRAQ in those submissions. content analysis approaches underpinned a HRAQ. Twenty-four were against (5%), 12 by Grounded Theory.32 The public hearing were neutral (3%), and 10 were unclear (2%). transcripts, also publicly accessible on

The most common reasons articulated in We estimate that at least half the witnesses People who are living here today have support of a HRAQ were: were individuals who identified as Aboriginal intergenerational trauma that needs support. … People need to be given the space to tell • to increase Queensland Government and/or Torres Strait Islander. their story because there are sixth or seventh transparency and accountability The overwhelming majority of the witnesses generations who are here today and who • to increase legal and/or human rights expressed support for the introduction of have been impacted by the past colonial protections for Queenslanders a HRAQ. Five major themes were identified policies. in our synthesis of the public hearing • to instil a human rights culture in For the local people it can be seen that there is transcripts. Three related specifically to health Queensland a link between trauma and traumatic events, and human rights: 1) the need to consider substance abuse, relationship difficulties and • Queensland laws are inadequate the holistic health and human rights of abuse, and avoiding behaviours. (including laws overseen by the Anti- Indigenous Queenslanders and Indigenous Discrimination Commission of Queensland Queensland communities; 2) instilling a It follows that the introduction of a HRAQ and Queensland Civil and Administrative human rights culture in Queensland; and affirming Queensland’s Indigenous peoples Tribunal). 3) access to health care and the underlying and their cultural rights was further viewed The most common reasons given for being determinants of health. The other two themes as likely facilitating not only individual and against a HRAQ were: related to the conduct of the Inquiry: 4) the family health, but wider community health: Our approach has also been that it is not just • adequate legal protections are already in importance of community participation in about the health, it is about their whole of life. place in Queensland developing a HRAQ; and 5) concerns about the public consultation processes. • improper transfer of legal power from Several people also made special mention of the executive to the judiciary within the need for a HRAQ to promote the specific 1. Advancing health and human rights of Queensland rights of Queensland’s Indigenous women, Indigenous Queenslanders for example: • the cost to the Queensland taxpayer/ I think as a first nation person we have a I think it is fairly well documented that economic burden special place within our country and I think Aboriginal and Torres Strait Islander women • related to religion. there is a case to be made that we have a are amongst the most disadvantaged socially special place and being recognised as such. More than 80% of the submissions for a HRAQ and economically. (344/419) recommended inclusion of the While there was strong support at six of right to health. Of these, 276 were explicit the seven public hearings for a HRAQ, at 2. Instilling a human rights culture in and implicit in their support for the right to four of those hearings (Townsville, Cairns, Queensland health’s inclusion (80% of those for a HRAQ, New Mapoon, Thursday Island) there was Properly crafted and implemented, it has the and 59% of all submitters), 19 (6%) explicitly particular support for the introduction of a potential to foster a widespread culture of rights and respect for the dignity of all people supported inclusion of the right to health, HRAQ positively recognising, promoting and within government, community service and 49 (14%) were implicitly in favour. affirming the human rights of Queensland’s organisations, and the wider community. unique Aboriginal and Torres Strait Islander Analysis of verbal submissions peoples. In six of the seven public hearings there was strong promotion of the opinion that a Seven public hearing transcripts were First and foremost, I think our people and community need to be given recognition HRAQ would foster a human rights culture in analysed. There were two public hearings in about what and who we are, where we Queensland. Brisbane, and one each in Townsville, Cairns, come from and what we want to achieve for New Mapoon, Thursday Island and Lockhart I think the objective is broader than that, our people. though, and that is to create a human rights River. The longest hearing in duration was In this state, we are so far behind every culture. At the moment that does not exist in four hours and 13 minutes in Brisbane, while other state … and that is evidence based … Queensland. What I see is that, when services the shortest was one hour and nine minutes Governments come and go, but my people are delivered through public authorities and in Cairns. One of the Brisbane hearings was remain the sickest and unhealthiest people the public service, there is a very piecemeal a teleconference where the four witnesses in the world per head of population across understanding of what the obligations are focused on their experience of the human the board … or even what legal obligations they have rights acts in New Zealand and Victoria. under the anti-discrimination laws, let alone In the context of these public hearings, there Transcripts ranged from 11 to 47 pages in anything else … Common law does not was much discussion around a HRAQ being create a human rights culture. length. In total, 170 pages were analysed. an important tool in redressing Indigenous Seventy-two persons were witnesses at It [a HRAQ] would provide clarity about what intergenerational grief and trauma, which the public hearings (and made verbal is meant by ‘human rights’, how they are to be many witnesses correlated more generally submissions to the Committee); 40 men applied in the context of the many facets of a with poor Indigenous health. citizen’s life and to provide cultural change (55%) and 32 women (45%). Thirty-one We have so many problems in this over time in the provision of government of the witnesses (or nearly 44%) did so in community. I believe a lot of it arises from services by government agencies or their their personal capacity, and the remaining the traumatic history. I understand that agents. identified as participating pursuant to their we cannot change history. We cannot. In terms of what a human rights culture might professional affiliation with a government, My father was one of the ones who was look like in the Queensland context, witnesses Indigenous, legal, academic, religious or non- removed … For my father to sit there and referred to a culture promoting improved governmental organisation (NGO) or agency. cry even today, still. There is evidence.

decision making accountability, especially by there is some environmental harm, the right Housing would be the main problem that those representing government. to an ecologically balanced environment, the really takes our rights as a whole … Housing I guess you have to look at the long game. right to a healthy and safe environment, the makes the social aspect of each household. The long game with these sorts of acts is that right to life, the right to health and the right You talk about unemployment and all of it will create … a culture – more than a culture, to property can be affected … that. It all goes back to the house. Life begins at home. a mandated process – whereby decision While there was not express advocacy for makers say, “Am I considering the human inclusion of the right to health in a HRAQ Other determinants of health identified as rights of the people who might be affected by witnesses at public hearings, there was needing improvement in the Queensland by this decision?” and then making a better implicit support. This was particularly evident rights-context included employment, training decision that does not lead us into that place and education (especially in rural and remote of litigation, because most people cannot in one of the Brisbane hearings at which a afford to go to the Supreme Court. number of witnesses advocated the need for areas), improved water security (“How can a HRAQ to include not only civil and political we build on our health when we do not have Several witnesses also stated that an rights but economic, social and cultural adequate, clean, fresh water all year round?”), improved human rights culture in rights, of which the right to health is part. For and promotion of healthy eating and Queensland, facilitated by a HRAQ, would example: access to affordable nutritious foods (again, likely involve community education and Moreover, economic, social and cultural rights particularly in rural and remote Queensland) awareness around the HRAQ, and this would seem to be particularly applicable to for disease prevention. As articulated by one community awareness would positively state governments, whose primary role is in witness: contribute to government decision making service delivery. The people are dying a lot from heart disease transparency and accountability. I am for an expansive view of that which and diabetes. It is all about diet. There is not I understand that a human rights act cannot covers economic rights and social rights, enough focus on awareness and prevention stop human rights abuse. What it can do but that is because I am interested in service of such disease … I have not seen any is make it very clear that that is what is delivery and high equality of service delivery, prominent thing on the ground addressing happening … I think it is an awareness thing. which includes access to justice. such issues. Hopefully, governments would be less likely to pass legislation if it was clear that it was going Witnesses described specific health service There was a broader sense of social injustice against legislation that had been enabled … challenges to illustrate the need to promote resulting from the isolating nature of and protect the rights of persons with Queensland’s geography, which many [A committee member asked: “How do witnesses believed had been inadequately you imagine introducing a human rights disabilities and mental illness, and Indigenous addressed by successive state and federal act will change our culture towards Queenslanders. Many also implicitly identified governments: human rights?”] the need for a HRAQ to progress the first element of the right to health – improved, We are living up here. We are Australians. I think in itself alone probably not much. I equitable access to and availability of Remember that. think it is more what goes along with it – the importance of education and just the fact health care services – especially for rural Again, interlinked challenges pertaining that the term ‘human rights’ is used and just and remote Queensland communities, and to securing the underlying determinants the fact that when legislation comes before remote Aboriginal and Torres Strait Islander of health were highlighted: lack of health, parliament human rights is mentioned. I think communities specifically. educational/training or employment services all that helps to improve it. We have all sorts of social and emotional (or culturally responsive services); prohibitive health problems in the community. Our cost of accessing public services (including 3. Improving the health of Queenslanders health issues have skyrocketed in the last health services, such as kidney dialysis); poor five to 10 years. There is nothing … This bill Within the verbal submissions, there was public transport infrastructure (that acted as of rights might be an opportunity for people widespread acknowledgement of the need a barrier to accessing timely and appropriate – a tool that people can use to get equity of for a HRAQ to facilitate improved health services, or equity on any issue that concerns health care); and inequitable living costs, and wellbeing of Queenslanders. Human them, their families, their communities. which together perpetuated a cycle of family health was framed holistically rather than and community poverty, and poor health. Young people are dying from preventable bio-medically by most witnesses, with an diseases and incidents. For one reason or With remoteness, we have challenges of emphasis on the health conditions and another, we are not seeing the Indigenous access to services and cost of living. With challenges for Queensland’s heterogeneous investment at a federal level, let alone a state that comes the challenges of employment peoples. This was not only in respect to the level, hit its target, which is in our community. and education for our community members. holistic treatment of Indigenous health There is also duplication in the delivery of People are screaming down south about per Theme 1, but spanned from the need service, which I guess is a major issue, at the the high cost of fuel and that. Just a couple for government funding and support for state and regional levels particularly. of months ago fuel dropped. But out on the island, we are paying $2.75 a litre.’ men’s sheds to promote male health and There was also recognition of the importance wellbeing, to the indivisibility of human and of the underlying social determinants on Another determinant of health that was environmental health and rights. improving human health (the second right highlighted as rationale for a HRAQ was The main point I want to make here today to health element). This was particularly with alleged institutional racism in Queensland’s relates to the notion of the interdependence of respect to the role housing plays in shaping public health care services (“Racism is very human and environmental rights. We say that human health. much a key social determinant … I make you cannot have one without the other … If mention of the report of institutional racism

in the health sector”), with witnesses citing [public hearing] is a good way to bring it to Queensland. Yet it was frequently these same lack of employment of Aboriginal and Torres communities. I just think more information participants who raised concern about the Strait Islander people in the Queensland could have been put out to communities to lack of advertising of the consultation process public hospital system, on hospital boards talk about because it does affect the whole by the Queensland Government. In turn, they and executive committees: of communities. I think the whole idea when expressed both personal and community a decision is made up there [at the top of One point that has been clear to me is that the concern that the Inquiry was another government], it affects down here more. terrible situation with institutional racism that government ‘talkfest’. Next time, get the message out so that has arisen has been allowed to arise because Following the public consultation process, the Hospital and Health Boards Act has not everybody can come here and we have a and based on the content of the Legal complied with the Legislative Standards Act. It full room. Affairs and Community Safety Committee’s has, probably through no intention of anyone Several witnesses expressed concern that – probably through accident – allowed that final report into a potential HRAQ of June the lack of promotion of the Inquiry meant situation to arise. If there were a human rights 2016, such concerns appear well founded. they were insufficiently informed and under- act, I think that would be a lot less likely to The Committee reported it was unable to happen in the future. prepared. Others expressed scepticism about agree on whether it would be appropriate the public consultation. One suggested the and desirable to introduce human rights 4. Importance of community participation entire process was flawed: legislation in Queensland. Consequently, in developing a HRAQ The process you are using for this bill of rights as the Committee had come to an is, in my view … not very good at all. You are In many of the verbal submissions to impasse divided down party lines – the not giving everyone a say. There was basically three government (ALP) members on the public hearings witnesses emphasised the no signalling before the election. You are Committee were in favour, the four non- importance of community participation and travelling around and getting input of a few government (Liberal-National Party) members consultation in developing the content of hundred people. It is really a sham, in my a HRAQ, which also overlaps with a human view. It is a way to avoid public opinion … If were against – it decided it was unnecessary rights culture providing ‘voice’ and ‘identity’ to you want to know what Queenslanders think, to further consider the objectives of the otherwise marginalised Queenslanders. have a plebiscite or run an election campaign legislation, rights to be protected or how the legislation would be applied. If we have something in place where we as one of the parties. can exercise our rights and our rights can be Scepticism was also palpable in the The Committee Chair reported that the noticed, I think that would be something that submissions of several Aboriginal and Torres committee had “identified key issues raised would help us to move forward. Strait Islander Queenslanders, who spoke by those who made submissions”, but the There was particular emphasis on the need of their communities’ tiredness of tokenistic findings of this study suggest inadequate for consultation to include Queensland’s consultation. weight was given to both the overwhelming Indigenous voices, and all potentially So when are you going to complete it, I am support for a HRAQ and the specific health- disadvantaged Queensland voices and asking … or will it just be another story? … related issues and concerns highlighted by groups. We have had surveys and surveys and parties submitters and witnesses. In the final report, government members acknowledged that I think genuine community input from all coming up here every month – sometimes equity groups, particularly Aboriginal and twice a month with no outcome. the committee had received “both passionate Torres Strait Islander viewpoints, is absolutely I came here reluctantly at first. You will and considered calls for greater recognition essential. understand my cynicism as I have been before of human rights in Queensland” during the many committees and provided statements course of the inquiry. The non-government At one Brisbane hearing, the emphasis was and evidence … I am all for some sort of members concluded that many submitters on inclusion and affirming the human rights legislation that will give us human rights, “considered a human rights act to be a way not only of Indigenous Queenslanders but is this another talkfest? We have been of addressing a particular issue or problem but also persons with disabilities, persons here before. without consideration of the possible experiencing mental illness and/or substance negative effects the legislation will have”.1 abuse problems (especially in involuntary But, as summarised by one witness at a public admission), and Queensland’s lesbian, Discussion and conclusion hearing: gay, bi-sexual, trans and intersex (LGBTI) This study found strong support in When you look at the information that has community. Indigenous witnesses particularly the majority of the written and verbal been provided to the committee by members highlighted the need for “genuine community submissions for the Queensland Parliament of the general public, it is clear that people are engagement” and not tokenism. to draft and enact a HRAQ, as well as for seeking a human rights act because they have experienced human rights issues and they feel inclusion of the right to health in such 5. Concern around the HRAQ Inquiry there is no way to rectify these issues. processes legislation. In the presentations by witnesses at public hearings, this support was more This study therefore turns a spotlight on A number of witnesses, at different public often implicit than explicit. Nonetheless, at the discordance between community hearings, were concerned by the lack of the public hearings promotion of health and sentiment – expressed in response to an advertising and public awareness of the human rights was mainly voiced by rural and invitation to make submissions to an inquiry Public Inquiry into a HRAQ. remote Queenslanders, and more specifically, by a Parliamentary Committee – and the As you know, the parliament and government Queensland’s diverse Aboriginal and Torres conclusions of a committee of seven MPs. are making decisions up there so this Strait Island communities in northern Community contributors to a public inquiry

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