Charter of Human Rights and Responsibilities Act 2006 - SECT 7
Human rights-what they are and when they may be limited
7. Human rights-what they are and when they may be limited
(1) This Part sets out the human rights that Parliament specifically seeks to
protect and promote.
(2) A human right may be subject under law only to such reasonable limits as
can be demonstrably justified in a free and democratic society based on human
dignity, equality and freedom, and taking into account all relevant factors
including-
(a) the nature of the right; and
(b) the importance of the purpose of the limitation; and
(c) the nature and extent of the limitation; and
(d) the relationship between the limitation and its purpose; and
(e) any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve.
(3) Nothing in this Charter gives a person, entity or public authority a right
to limit (to a greater extent than is provided for in this Charter) or destroy
the human rights of any person.
Charter of Human Rights and Responsibilities Act 2006 - SECT 8
Recognition and equality before the law
8. Recognition and equality before the law
(1) Every person has the right to recognition as a person before the law.
(2) Every person has the right to enjoy his or her human rights without
discrimination.
(3) Every person is equal before the law and is entitled to the equal
protection of the law without discrimination and has the right to equal and
effective protection against discrimination.
(4) Measures taken for the purpose of assisting or advancing persons or groups
of persons disadvantaged because of discrimination do not constitute
discrimination.
Charter of Human Rights and Responsibilities Act 2006 - SECT 9
Right to life
9. Right to life
Every person has the right to life and has the right not to be arbitrarily
deprived of life.
Charter of Human Rights and Responsibilities Act 2006 - SECT 10
Protection from torture and cruel, inhuman or degrading treatment
10. Protection from torture and cruel, inhuman or degrading treatment
A person must not be-
(a) subjected to torture; or
(b) treated or punished in a cruel, inhuman or degrading way; or
(c) subjected to medical or scientific experimentation or treatment without his or her full, free and informed consent.
Charter of Human Rights and Responsibilities Act 2006 - SECT 11
Freedom from forced work
11. Freedom from forced work
(1) A person must not be held in slavery or servitude.
(2) A person must not be made to perform forced or compulsory labour.
(3) For the purposes of subsection (2) forced or compulsory labour does not
include-
a) work or service normally required of a person who is under detention
because of a lawful court order or who, under a lawful court order, has been conditionally released from detention or ordered to perform work in the community; or
(b) work or service required because of an emergency threatening the Victorian community or a part of the Victorian community; or
(c) work or service that forms part of normal civil obligations.
(4) In this section court order includes an order made by a court of another
jurisdiction. Charter of Human Rights and Responsibilities Act 2006 - SECT 12
Freedom of movement
12. Freedom of movement
Every person lawfully within Victoria has the right to move freely within
Victoria and to enter and leave it and has the freedom to choose where to
live. Charter of Human Rights and Responsibilities Act 2006 - SECT 13
Privacy and reputation
13. Privacy and reputation
A person has the right-
(a) not to have his or her privacy, family, home or correspondence unlawfully or arbitrarily interfered with; and
(b) not to have his or her reputation unlawfully attacked. Charter of Human Rights and Responsibilities Act 2006 - SECT 14
Freedom of thought, conscience, religion and belief
14. Freedom of thought, conscience, religion and belief
(1) Every person has the right to freedom of thought, conscience, religion and
belief, including-
(a) the freedom to have or to adopt a religion or belief of his or her choice; and
(b) the freedom to demonstrate his or her religion or belief in worship, observance, practice and teaching, either individually or as part of a community, in public or in private.