Balancing rights with responsibilities
International approaches
Further resources on Bills of Responsibilities

After the introduction of the Australian Capital Territory’s Human Rights Act, there was some discussion in the ACT about introducing an accompanying Bill of Responsibilities as a balancing measure.

Bill Stefaniak MLA introduced the Charter of Responsibilities Bill 2004 into the ACT Legislative Assembly on 23 June 2004.

The proposed Bill drew on the draft Universal Declaration of Human Responsibilities drafted by the InterAction Council and launched on 1 September 1997. The Charter of Responsibilities Bill was debated and rejected by the ACT Legislative Assembly on 18 August 2004 by a vote of 9 to 5.

Despite the failure of a Bill of Responsibilities in the ACT, the idea of a Charter referring to responsibilities as well as rights resonated in Victoria. The Victorian Charter is of Human Rights and Responsibilities. It is worth noting, however, that while the word ‘responsibilities’ appears in the title of the Charter, none appear in the text.

Over 2007-2008, the UK has been reviewing its human rights laws and considering passing a Bill of Rights and Responsibilities. In January 2008, the Right Honourable Jack Straw MP, Lord Chancellor and Secretary of State for Justice, delivered a speech in favour of expressly articulating the responsibilities that already implicitly encompass those rights. Similar statements about respect and duties accompanying rights were expressed by the Justice Minister Michael Wills MP, in a speech in March 2008.

The Joint Committee on Human Rights considered this position in its 29th Report, published on 21 July 2008. Chapter 9, [274] of the report rejected it on the basis that:

“Rights should not be contingent on performing responsibilities, nor should a Bill of Rights impose enforceable duties on individuals or responsibilities which they are already required by the general law to discharge.”

The Committee accepted that the responsibilities of individuals are relevant to the rights of others, but that this would be better referred to in the preamble of the prospective Bill of Rights, not in the title or in the text (at [279]).

In February 2008, South Africa produced a Bill of Responsibilities to be taught to children in schools. The twelve Responsibilities explain how rights such as the right to life or the right to freedom of expression place responsibilities on individuals to respect those rights of others.

George Williams and Lara Kostakidis-Lianos, ‘ACT debates world’s first Bill of Responsibilities’, Online Opinion, 25 August 2004.

Ben Saul, 'In the Shadow of Human Rights: Human Duties, Obligations and Responsibilities' 2001.

Oscar Aries, ‘Some Contributions to a Universal Declaration of Human Obligations’, 1997.

Amitai Etzioni, ‘How About a Bill of Responsibilities?’ Chicago Tribune, July 4, 1993.