Prior to Federation, only 2 colonies had granted women the right to vote: South Australia in 1894 and Western Australia in 1899. South Australia granted all women the right to vote. First Nations women were excluded in Western Australia. South Australia’s legislation also included the right to stand for parliament, making that colony the first place in the world to give equal political rights to both men and women. During an 1897 convention between colonies to determine the Constitution of federated Australia, the issue of female suffrage was hotly contested. The colonies that already allowed women to vote wanted their women to participate in federal elections. Those that had not established female voting did not want women involved at the federal level. An agreement was reached whereby the new Constitution would allow an individual with an existing state vote to vote federally. In the years between the 1897 convention and the official enactment of Federation in 1901, suffragists continued to petition politicians to amend the agreement and include the federal franchise of women in the Constitution. While this did not occur by Federation, on 9 April 1902 Senator Richard O’Connor introduced into the Senate the Commonwealth Franchise Bill that, if passed, would remedy this.
Back to rights and freedoms: right by right Article 25 | Human Rights Committee General Comment | Constitutional protection | Commission work | More information | Comments Article 25ICCPR Article 25 states:
Human Rights Committee General CommentThe Human Rights Committee's General Comment No. 25: The right to participate in public affairs, voting rights and the right of equal access to public service is reproduced in full below. It emphasises the relationship between the rights recognised in Article 25 and other rights, including
Constitutional protectionSection 41 of the Constitution which deal with the right to vote provides only that persons having the right to vote in State elections have the right to vote in Federal elections. Limitations on the right to vote have been a focus of the Commission's work. Although the Constitution does not contain an express statement equivalent to the full extent of rights recognised in ICCPR Article 25, the High Court has found a degree of implied Constituional protection. In particular, similarly to the Human Rights Committee, the High Court has emphasised the connection between the rights recognised in Article 25 and the rights to freedom of association and expression. Relevant Constitutional provisions and case law were summarised by the High Court as follows in Unions NSW v New South Wales [2013] HCA 58:
The Court in Unions NSW also observed:
Commission workElectoral access and disabilityElectoral participation for prisoners and disadvantaged peopleOther materialsCommentsComments are invited on issues raised on this page, including suggestions for addition, amendments or additional resources, using the Comments field at the end of this page. Please note that
Please email if any difficulties are encountered in posting comments. |