Inclusion of the right to health in Queensland's Human Rights Act is historic but not without challenge
In February 2019, the Queensland Parliament passed the Human Rights Act 2019, which took effect on 1 January 2020. Its introduction makes Queensland the third Australian jurisdiction to implement human rights legislation, after the Australian Capital Territory and Victoria in 2004 and 2006, respectively. While the Queensland Act is based on a model of rights legislation broadly consistent with the Victorian and ACT models, it differs in its inclusion of the right to health services (section 37):
The full article is accessible to AMA members and paid subscribers. Login to read more or purchase a subscription now.
Please note: institutional and Research4Life access to the MJA is now provided through Wiley Online Library.
- 1. State of Queensland. Human Rights Act 2019 (Qld). https://www.legislation.qld.gov.au/view/html/inforce/current/act-2019-005 (viewed Jan 2020).
- 2. Australian Commission on Safety and Quality in Health Care. Australian Charter of Healthcare Rights. Sydney: ACSQHC, 2019. https://www.safetyandquality.gov.au/australian-charter-healthcare-rights (viewed Jan 2020).
- 3. United Nations Committee on Economic, Social and Cultural Rights. General comment no. 14, the right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights). Geneva: UN, 2000. https://digitallibrary.un.org/record/425041?ln=en#record-files-collapse-header (viewed Jan 2020).
- 4. Backman G, Hunt P, Khosla R, et al. Health systems and the right to health: an assessment of 194 countries. Lancet 2008; 372: 2047–2085.
- 5. Kallie JY, Brolan CE, Richards NC. Searching for the elusive? Examining the right to health's status in the Pacific. Asia Pac J Hum Right Law 2016; 17: 257–277.
- 6. Queensland Parliament. Human Rights Bill 2018: explanatory notes. https://www.legislation.qld.gov.au/view/pdf/bill.first.exp/bill-2018-076 (viewed Jan 2020).
- 7. Kinney ED, Clark BA. Provisions for health and health care in the constitutions of the countries of the world. Cornell Int Law J 2004; 37: 285–355.
- 8. United Nations Office of the High Commissioner for Human Rights. Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Geneva: OHCHR, 2019. https://www.ohchr.org/en/issues/health/pages/srrighthealthindex.aspx (viewed Jan 2020).
- 9. Caxton Legal Centre Inc. Medical negligence. https://queenslandlawhandbook.org.au/the-queensland-law-handbook/health-and-wellbeing/medical-law/medical-negligence/ (viewed Jan 2020).
- 10. State of Queensland. Health Ombudsman Act 2013 (Qld). https://www.legislation.qld.gov.au/view/pdf/inforce/2017-09-13/act-2013-036 (viewed Jan 2020).
- 11. United Nations. UN Declaration on the Rights of Indigenous Peoples. Geneva: UN, 2007. https://www.un.org/development/desa/indigenouspeoples/declaration-on-the-rights-of-indigenous-peoples.html (viewed Mar 2020).
- 12. United Nations General Assembly. International Covenant on Economic, Social and Cultural Rights. General Assembly resolution 2200A (XXI). Geneva: UN, 1966. https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx (viewed Jan 2020).
- 13. Tobin J. The right to health in international law. Oxford, UK: Oxford University Press, 2012.
- 14. World Health Organization. Health impact assessment: the determinants of health. https://www.who.int/hia/evidence/doh/en/ (viewed August 2019).
- 15. Queensland Health. Termination of pregnancy legislation. Brisbane: Queensland Government, 2019. https://www.health.qld.gov.au/system-governance/legislation/specific/termination-of-pregancy-legislation (viewed Aug 2019).
My 3‐year position at the University of Queensland (UQ) is funded by a UQ Development Research Fellowship Award. I thank Lisa Herron from the UQ School of Public Health for her support in proofreading the draft manuscript and referencing support.
No relevant disclosures.