Human Rights, Identity and Social Cohesion

Abstract

Human rights are an important part of a state’s identity. They are fundamental democratic principles that have been embraced by the EU, Slovenia and Australia. More importantly, they make a significant contribution to social cohesion. This chapter has been divided into two parts. Part one highlights compares the constitutional rights of Slovenia and Australia. Part two compares the extent of rights reflected in the 1950 European Convention on Human Rights and Fundamental Freedoms (ECFF) and more recently the European Charter of Fundamental Rights (ECFR) 2000, and the national laws of Australia and Slovenia. This chapter does not highlight any constitutional changes that have been established after 2017. Notwithstanding the above, the rights established by the EU, are in my view the most comprehensive legal framework for rights, anywhere in the world. They have been developing now for more than 70 years, particularly following WW II. Since then, the rise of human rights has largely focused on equality, aspects of privacy, civil and political rights. However, today, with technology at the forefront of the economy, privacy over the Internet has, arguably, become one of the most challenging areas of emerging law and policy to regulate and manage. It has the ability to undermine the identity of a jurisdiction and disrupt social cohesion. Yet, applied in the right way, it can enhance identity and cohesion. Therefore, this chapter also demonstrates how privacy over the Internet is becoming a formidable challenge for the EU, Slovenia and Australia.