COTA SA welcomes the opportunity to provide a submission to the Inquiry into the Potential for a Human Rights Act in South Australia. COTA SA unequivocally supports a Human Rights Act in South Australia and we hope this inquiry marks the beginning of enshrining human rights in South Australian law.
A Human Rights Act would provide a legal framework for people, including older people, and their families, to challenge abuses and discrimination, receive high quality and equitable care and services and to always be treated with dignity and respect in all settings.
We acknowledge that specific pieces of legislation address human rights and many members of parliament, policymakers and service designers think about and take into consideration the rights of South Australians in their decision-making. However, the legislation is not holistic, easy to access, nor is it as clear as an underpinning Human Rights Act.
A Human Rights Act would protect South Australians’ rights by:
- Embedding human rights in laws from the outset,
- Providing an overarching framework to ensure human rights are upheld in the development of policies and services,
- Providing a legal basis and clear pathway for a complaint to be made if human rights are violated, and
- Providing an avenue for remedial action.