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Every person has the right to equal recognition and protection before the law. Everyone is entitled to equal and effective protection against discrimination, and to enjoy human rights without discrimination. This applies regardless of a person’s age, gender, race, disability, sexual orientation, religion, marital status and a range of other personal characteristics (attributes are the same as under the Equal Opportunity Act 2010). Measures taken to help people who are disadvantaged by discrimination will not be considered unlawful discrimination under the Charter Act.
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Every person has the right to life and has the right not to be arbitrarily deprived of life.
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A person must not be tortured, treated or punished in a cruel, inhuman or degrading way. A person must not be subjected to medical or scientific experimentation or treatment without his or her full, free and informed consent.
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A person must not be held in slavery or servitude, or forced to work, except as part of normal civil obligations (such as jury duty), or as part of a court order, or during emergencies.
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People who are in Victoria lawfully have the right to enter and leave Victoria, to move around freely within Victoria and to choose where to live.
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A person has a right not to have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with. The Charter Act also prohibits unlawful attacks on a person’s reputation.
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People have the freedom to have or choose a religion or belief, and the freedom to demonstrate their religion or belief. They can do this privately or publicly – at home, at work or in a place of worship – as part of a group or alone. A person must not be coerced into or restrained from having or adopting a religion or belief.
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People have the right to hold opinions without interference. People have the right to seek out, receive and pass on information and ideas of all kinds whether orally, in writing, in print, by way of artistic expression or in any other way of their choosing. This freedom may be restricted by law where this is necessary to respect the rights and reputation of others or for the protection of national security, public order, public health or public morality.
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People have the right to assemble and meet peacefully, to freely associate with others and to form and join trade unions.
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Families are entitled to be protected by society and the State. Children have the right to protection in accordance with their best interests, without discrimination.
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- Charter Rights by Section
- Section 8 - Recognition and equality before the law
- Section 9 - Right to life
- Section 10 - Protection from torture and cruel inhuman or degrading treatment
- Section 11 - Freedom from forced work
- Section 12 - Freedom of movement
- Section 13 - Privacy and Reputation
- Section 14 - Freedom of thought, conscience, religion and belief
- Section 15 - Freedom of expression
- Section 16 - Peaceful assembly and freedom of association
- Section 17 - Protection of families and children
- Section 18 - Taking part in public life
- Section 19(1) - Cultural rights
- Section 19(2) - Distinct cultural rights of Aboriginal persons
- Section 20 - Property rights
- Section 21 - Right to liberty and security of the person
- Section 22 - Humane treatment when deprived of liberty
- Section 23 - Children in the criminal process
- Section 24 - Fair hearing
- Section 25(1) - The right to be presumed innocent
- Section 25(2) - Minimum guarantees in criminal proceedings
- Section 25(3) - Rights of children in criminal proceedings
- Section 25(4) - Right to review of conviction and sentance
- Section 26 - Right not to be tried or punished more than once
- Section 27(1) - No retrospective criminal laws
- Section 27(2)(3) - Penalty changes
- Section 27(4) - Crimes under international law
- Summary of the Charter rights particularly relevant to children
- Charter Operative sections
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