Annual Report 2001-2002: Appendix 1

Human Rights and Equal Opportunity Commission Annual Report 2000-2001

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International Instruments observed under legislation administed by the Human Rights and Equal Opportunity Commission

Human Rights and Equal Opportunity Commission Act

The International Covenant on Civil and Political Rights deals with many human rights and includes the right without discrimination to:

• freedom from torture or cruel and inhumane punishment
• equality before the law
• humane treatment if deprived of liberty
• freedom of thought, conscience and religion
• peaceful assembly
• a vote and election by equal suffrage
• marriage and family

The Declaration of the Rights of the Child provides that every child has the right to:

• a name and nationality
• adequate nutrition, housing and medical services
• education
• special treatment, education and care if the child has a disability
• adequate care, affection and security
• protection from neglect, cruelty and exploitation

The Declaration on the Rights of Disabled Persons provides that people with disabilities have the right to:

• respect and dignity
• assistance to enable them to become as self-reliant as possible
• education, training and work
• family and social life
• protection from discriminatory treatment

The Declaration on the Rights of Mentally Retarded Persons provides that people with a mental disability have the right to:

• proper medical care and therapy
• protection from exploitation, abuse and degrading treatment
• a decent standard of living
• education, training and work
• due process of law
• review of procedures which may deny them these rights

The International Labour Organisation Convention 111 deals with discrimination in employment and occupation. Australian adherence to this Convention provides that all people have the right to equal treatment in employment and occupation without discrimination on the basis of:

• race
• colour
• sex
• religion
• political opinion
• national extradition
• social origin
• age
• medical record
• criminal record
• sexual preference
• trade union activity
• marital status
• nationality
• disability (whether physical, intellectual, psychiatric or mental)
• impairment (including HIV/AIDS status)

The Convention on the Rights of the Child confirms that children are entitled to the full range of human rights recognised in international law (subject to limitations relating to their capacity to exercise these rights and to the responsibilities of families). The Convention also recognises a range of rights relating to the special needs of children. It seeks to ensure that the protection of these rights in law and practice is improved.

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief became part of the definition of human rights for the purposes of the Human Rights and Equal Opportunity Act on 24 February 1994. The Declaration recognises the right to freedom of religion. The only limitations to this right are those prescribed by law and which are necessary to protect public safety, order, health, morals or the fundamental rights and freedoms of others.

Racial Discrimination Act

The International Convention on the Elimination of All Forms of Racial Discrimination aims at the elimination of all forms of racial discrimination in order to promote understanding between races and provide freedom from racial segregation. It is entered into force for Australia by the Commonwealth Racial Discrimination Act 1975 in which it is scheduled.

Sex Discrimination Act

The Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of the International Labour (ILO) Convention 156 are multilateral agreements adopted under the auspices of the General Assembly of the United Nations in 1979. The Conventions recognise the civil, political, economic, social and cultural rights of women. The Commonwealth Sex Discrimination Act 1984 implemented the Convention into Australian Law.