Page 2536 - Week 12 - Wednesday, 15 November 1989
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It is not of the parent's choice, but of the child's choice. Should the child wish to view pornography, then this says that the child has that right. If you did not know that, either you have not read it or you misunderstood it.
Mr Duby: But the next section says that it shall be subject to certain restrictions.
MR STEVENSON: Yes, indeed, but I would suggest that there are no restrictions provided by law for children reading pornography, although perhaps in this town we will soon have the opportunity to do something about Canberra being the porn capital of Australia.
Article 14, section 3, states:
Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law ...
Should we, in the future, ever have a Federal government that is an extremist government, a government that does not hold democracy dearly, these grounds could be used to control religion while ostensibly being for public order.
Article 15, section 1, says that states parties - and that means Australia in our case - recognise the rights of the child to freedom of association. (Extension of time granted) This says that the child has freedom of association. If the child wants to associate with heavy drinkers, not inside a hotel where the child is not allowed to go, but elsewhere, this document says that the child has that right - not that the parent has the right to bring the child up as the parent sees fit.
The child could also associate with prostitutes. This is something that perhaps does not happen frequently in Canberra, but it certainly does with young prostitutes in Kings Cross in Sydney. We have seen the television programs. Nevertheless, if the child chooses to associate with anybody the child can, provided of course that it is not against the law. The things I mentioned are not against the law. There are many others which are not against the law. Section 2 says:
No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law ...
There is no valid protection under that clause; the protection is illusory.
Article 16, section 1, states:
No child shall be subjected to arbitrary or unlawful interference with his or her privacy ...
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