Australian Human Rights Commission president Gillian Triggs has bought into the same-sex marriage debate, criticising its absence as a constitutional right and the "failure of Parliament to provide leadership on the issue".

Professor Triggs also described the "chilling effect" on freedom of speech and the right to privacy of recent anti-terror and data retention laws, and how they went well beyond what was "deemed proportionate".

President of the Human Rights Commission Gillian Triggs. Credit:Andrew Meares

Speaking on Friday at a Law Institute of Victoria president's lunch, she argued that the issue of marriage equality illustrated other points made in a speech about the "exceptionist" nature of Australia's protection of human rights.

Professor Triggs spoke of the "politicalisation" of the same-sex marriage issue in Australia and highlighted Ireland's 75 per cent support in a referendum on marriage equality and the recent US Supreme Court majority decision to recognise same-sex couples.