Did you know Queensland’s Human Rights Act 2019 recognises the rights of accused persons in detail — but fails to recognise the specific human rights of victims of gendered violence, including child victims?
As new human rights legislation is being considered in NSW and at the federal level, this gap has national significance for services responding to gendered violence.
Queensland’s Act provides clear protections for accused persons, including the right to be informed of charges promptly and in detail, protection from unreasonable delay, and access to a free interpreter. The Act also shapes the broader justice system by requiring legislation to be scrutinised for human rights compatibility, directing courts to interpret laws consistently with human rights, and obligating public entities such as police and prosecutors to act compatibly with those rights.
Yet victims remain largely invisible within these frameworks.
This ongoing failure to recognise victim rights entrenches systemic discrimination and bias within the criminal justice system, particularly for those most impacted by gendered violence. Recognising victims’ human rights would strengthen consideration of their safety, wellbeing, and participation in justice processes — without undermining the right to a fair trial.
This session explores why victim rights matter in human rights legislation, the consequences of continued exclusion, and what meaningful reform could look like in Australia.