A lawyer can help you to find the law that applies to your situation. Some international human rights can be considered vague and broad. Many have not been directly implemented into Australian law and others are scattered throughout many different areas of law. This includes rights such as the right to privacy which is contained in a number of different state and federal laws as well as the common law. If you consider that your fundamental human rights may have been violated or disregarded a lawyer will help you identify the relevant law and determine whether you have a case that is legally enforceable.

It may be that the government has not adequately protected your fundamental rights by

• failing to make relevant laws;
• falling short of the level of protection required by their international obligations; or
• enacting laws that are contrary to their international obligations.

It may be that a tribunal or court has made a decision without giving proper consideration to your human rights. A lawyer will be able to advise you about what to do next.

There are a number of different forums where a breach of international human rights law may be dealt with. The type of breach will determine which forum is right for you. Your case may require

• an administrative review of a government decision;
• litigation in a court;
• a complaint to the Australian Human Rights Commission; or
• a complaint to an international committee.

If your complaint is about the breach of your human rights where someone has unlawfully discriminated against you this may be heard in a state or territory tribunal or the Federal Court.

Please see our Anti-Discrimination topic for more information.