In Australia, the concept of freedom from discrimination is primarily addressed through a combination of legislation and human rights principles rather than being explicitly recognized as a constitutional right. While the Australian Constitution does not provide an explicit right to freedom from discrimination, various laws and regulations at the federal and state levels prohibit discriminatory practices based on attributes such as race, sex, disability, age, and more.
Key pieces of legislation include:
- The Equal Opportunity Act (varied by states, e.g., the Victorian Equal Opportunity Act 2010).
- The Sex Discrimination Act 1984 (federal law).
- The Disability Discrimination Act 1992 (federal law).
- The Racial Discrimination Act 1975 (federal law).
- The Age Discrimination Act 2004 (federal law).
Additionally, Australia is a signatory to various international human rights treaties, such as the International Covenant on Civil and Political Rights (ICCPR) and the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which influence domestic law and promote the right to non-discrimination.
Therefore, while freedom from discrimination is not explicitly stated as a constitutional right, it is protected through legislation and is considered an implied right in the context of Australia's legal and human rights framework.