In a landmark decision, the High Court has today upheld the fundamental
human right to vote, finding that the Howard Government had acted
unlawfully and unconstitutionally in imposing a blanket ban denying
prisoners the vote.
In 2006, the Howard Government passed legislation which denied all prisoners the right to vote.
This law was challenged in the High Court by Vickie Roach, an
Aboriginal woman who is a prisoner at the Dame Phyllis Frost Prison in
Melbourne. In orders made today, the High Court struck down the
blanket prohibition on prisoners voting.
The Court upheld the validity, however, of the law providing that
prisoners serving a sentence of three years or longer are not entitled
to vote.
The decision of the High Court is a victory for representative
democracy, accountable government, the rule of law and fundamental
human rights.
With Aboriginal Australians incarcerated at a rate of almost 13 times
that of their fellow Australians, it is also a vindication of
Aboriginal rights.
Speaking after the decision was handed down, Philip Lynch, Director of
the Human Rights Law Resource Centre which ran the case, said, ‘This is
a common sense decision.
The Howard Government disenfranchised prisoners on the spurious ground
that to do so would promote respect for the social contract and the
rule of law.
Far from achieving this, denial of the fundamental human right to vote
results in social exclusion, isolation, resentment and unaccountable
and unrepresentative government.
This is particularly undesirable given that the overwhelming majority of prisoners will be released at some stage.’
Mr Lynch said that the supreme courts of Canada, South Africa and
Europe had, over the last ten years, reached the same conclusion.
Mr Lynch paid tribute to Vickie Roach for taking her fight to the High Court.
‘In running this case, Vickie has stood up not just for the human
rights of prisoners and Aboriginal Australians, but the interests of
the entire community. She has done so with courage, integrity and
commitment.’
The Human Rights Law Resource Centre was provided with outstanding
legal assistance throughout the case by leading Australian law firm
Allens Arthur Robinson, Ron Merkel QC, Michael Pearce SC, and Fiona
Forsyth and Kristen Walker of Counsel.
‘The legal team brought significant commitment, expertise, resources and dedication to this matter.
They acted to protect human rights and uphold the rule of law and, in
so doing, acted in the highest traditions of the profession and the
interests of the community as a whole.’