The Universal Declaration of Human Rights is now 60 years old, but it remains controversial in a world marked by religious, cultural and civilisational differences, according to Professor Hilary Charlesworth of the Australian National University. Last year Pakistan persuaded the UN Human Rights Council to adopt a resolution entitled “Combatting defamation of religions”, but this seems to be a reduction in the scope of human rights, rather than an enlargement.
Another area of weakening of human rights has occurred as part of the “war on terror”. In 2005 the Australian Criminal Code was amended to provide for preventative detention orders and control orders in the event of threats of terrorism, which is defined very broadly. Preventative detention orders and control orders are inconsistent with the rule of law and such fundamental principles of justice as the right to a fair trial and the right not to be arbitrarily detained.
Under anti-terror laws, people lose the protection of otherwise basic rights as soon as they are labelled “terrorists”. If anyone is suspected of “terrorism”, the person is treated as if guilty, regardless of the strength of the case. Entirely innocent people can suffer – and indeed already have suffered – serious deprivation of liberty without the right to defend themselves adequately or seek a fair hearing.