Book – 50 Human Rights Cases that Changed Australia

Publisher: Federation Press
Authors: Lucy Geddes and Hamish McLachlan
Reviewer: Robert Quirk

As a staunch advocate for an Australian bill of rights, I eagerly grabbed this book, hoping to uncover evidence of 50 influential human rights cases that have shaped the nation. However, I was sceptical that it would truly fulfill my expectations. To my delight, I was proven wrong.

The book acknowledges that human rights are not adequately protected in Australia. I could not agree more. That doesn’t mean that there are not decisions that have changed Australia for the better, as the foreword by the Honourable Michael Kirby AC CMG, pithily, observes on the book’s merit:

“… That may be the greatest value of this book. It illustrates the potential of our legal system to safeguard and advance individual human rights, invoking often very limited tools and rejecting over-narrow legal outcomes.” 

This book is reader-friendly and organized into sections covering a variety of rights, including those pertaining to first nations, women, the LGBTIQA+ community, individuals with disabilities, children, asylum seekers, refugees, prisoners, protection against racial discrimination, liberty, criminal justice, freedom of expression and political communication, democracy, a sustainable environment, and the rule of law.

Each case is also in an easy-to-read format with the title, a paragraph summarising the case and what the court found, the relevant human right(s), facts, issues, decision, key quotes, how the learned authors consider the case changed Australia, and the number of LawCite citations. Three examples demonstrate how easy the book is to read and understand.

For Love v Commonwealth; Thoms v Commonwealth [2020] HCA 3; 270 CLR 152 the summary is:

“Two First Nations men, one a Gunggari man born in New Zealand, and the other a Kamilaroi man born in Papua New Guinea, established that First Nations people cannot be regarded as aliens.”

In the discussion of Re Kelvin [2017] FamCAFC 258; 327 FLR 15, the relevant humans rights, in the context of a transgender young person, were: 

• Right to equality and non-discrimination (International Covenant on Civil and Political Rights (ICCPR), arts 2 and 26; and 
• Right to privacy (ICCPR, art 17).

Rowe v Electoral Commissioner [2010] HCA 46; 243 CLR 1 involved a law which prevented the registration of voters after electoral writs had been issued. The authors said of how this case changed Australia:

“The case was a significant victory for voting rights in Australia. Practically speaking the judgment made an immediate difference to the quality of democracy in Australia as it enabled 100,000 people to vote in the 2010 election who would have otherwise been disqualified from doing so. … While the right to vote has historically been viewed as a statutory right, the High Court rules that it is an essential part of our constitutionally prescribed system of representative government. …”

It will be intriguing to observe if the next edition expands to include more cases, such as NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs or whether some are removed to maintain a limit of 50. I predict that with the rise of human rights laws across the nation, there will likely be a need for an increase in the number of cases included. 

It is a good read but probably more for students and general interest. I consider it to be good value.

(Recommended retail price: $69.95)