Victoria’s human rights charter influencing police stance on rallies

Victorian authorities may be taking a softer stance on protesters instead of upholding laws that could prevent October 7 related rallies, because of the state’s human rights charter.

Victorian authorities may be taking a softer stance on protesters, instead of upholding laws that could prevent October 7-related rallies, because of the state’s human rights charter.

The charter requires government and agencies such as police to protect 20 rights including the right to peacefully gather and protest.

Opposition spokesman Michael O’Brien acknowledged the charter was designed to guard freedoms, but said it was not “a green light for violent protest or hateful conduct”.

“Victoria Police should not operate in a way which places the charter above other statutory provisions, including provisions in the Crimes Act,” Mr O’Brien said.

Victorian authorities may be taking a softer stance on protesters because of the state’s human rights charter. Picture: Andrew Henshaw

The charter requires government and agencies such as police to protect 20 rights including the right to peacefully gather and protest. Picture: David Crosling

Institute of Public Affairs director of law and policy John Storey said the charter stated everyone was entitled to equal legal protection.

“Where is the protection being afforded by the state government to mainstream Victorians and our Jewish community?” Mr Storey said.

“If it chooses to hide behind the charter to ensure pro-Hamas and pro-Hezbollah events can go ahead, then the Victorian government is not being fair dinkum with the community.”

Monash University law expert Julie Debeljak said Victoria Police’s decisions about rallies planned for this weekend were “influenced by the charter” and therefore had to balance rights.

Human Rights Commission president Hugh de Kretser said the right to peacefully protest was fundamental but “not absolute”.