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Legal
14 December 2012WebpageConsideration of Australia’s ratification of the Optional Protocol to the Convention against Torture
The Australian Human Rights Commission makes this submission to the Joint Standing Committee on Treaties (JSCOT) in its consideration of Australia’s ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). -
Rights and Freedoms
19 August 2016SpeechTony Blackshield Lecture
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the highest order and one of the most influential figures in Australian legal education over the last 50 years. I have two… -
LGBTIQ+
14 December 2012WebpageLesbian, Gay, Bisexual, Trans and Intersex Equality
Everyone has the right to be respected and safe,[2] regardless of their race, ethnicity, religion, gender, sexual orientation, disability or age.[3] Violence, harassment and bullying are violations of these fundamental human rights. -
14 December 2012Book page
Appendix 2: Chronology of Events Relating to the Administration of Indigenous Affairs - Social Justice Report 2011
Social Justice Report 2011 Back to Contents Appendix 2: Chronology of Events Relating to the Administration of Indigenous Affairs 1 July 2010 – 30 June 2011 DATE EVENT / SUMMARY OF ISSUE 2 July 2010 Torres Strait Islander sea rights recognised by Federal Court The Federal Court recognised the Torres Strait Regional Sea Claim Group’s native title rights over about 37 800sq. km of sea between… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. Save the Children Save the Children is the world's largest independent child development organisation, with 32 member countries and programs in over 100 countries. Save the Children works for: -
Legal
14 December 2012Webpage
Migration Amendment (Immigration Detention Reform) Bill 2009
Recommendation 1: The Bill should be amended to ensure that detention in immigration detention centres is only used as a last resort and for the shortest practicable time, as committed to in Value 5. The words ‘The Parliament affirms as a principle that’ in section 4AAA(2) should be deleted. -
Legal
14 December 2012Webpage
Submission to the Green Paper on Homelessness - Which way home?
HREOC commends the Commonwealth government on making homelessness a priority issue and recognising that adequate housing is fundamental to social inclusion. Recognition of homelessness as a human rights issue should assist in the development of policy and programs to address homelessness. -
14 December 2012Book page
6. Australia's Immigration Detention Policy and Practice
Australian law requires the detention of all non-citizens who are in Australia without a valid visa (unlawful non-citizens). This means that immigration officials have no choice but to detain persons who arrive without a visa (unauthorised arrivals), or persons who arrive with a visa and subsequently become unlawful because their visa has expired or been cancelled (authorised arrivals)… -
14 December 2012Book page
Background paper: Immigration detention and visa cancellation under section 501 of the Migration Act (2010)
Under section 501 of the Migration Act 1958 (Cth) (Migration Act), a non-citizen’s visa may be cancelled if they do not satisfy the Minister for Immigration and Citizenship (the Minister) or the Minister’s delegate that they pass the ‘character test’. -
14 December 2012Book page
AusHRC 46: Yousefi family v Commonwealth of Australia
I have completed my report of an inquiry into the complaint made pursuant to section 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Parvis Yousefi, Mrs Mehrnoosh Yousefi and Manoochehr Yousefi. -
14 December 2012Book page
Native Title Report 2000: Chapter 2: Definition and extinguishment of native title by the common law
This year the High Court will decide fundamental issues about the nature of native title and the extent to which it is protected by the common law. In hearing the appeal of the Miriuwung, Gajerrong and Balangarra peoples from the decision of the Full Federal Court in Western Australia v Ward (1) the court will be called upon to arbitrate an old dispute that has never been settled; that between… -
Legal
14 December 2012Webpage
Inquiry into Cybersafety for Senior Australians 2012
The Australian Human Rights Commission makes this submission to the Joint Select Committee on Cybersafety in its inquiry into Cybersafety for Senior Australians. -
Legal
14 December 2012Webpage
Inquiry into national homelessness legislation (2009)
The House of Representatives Standing Committee on Family, Community, Housing and Youth shall inquire into and report on the content of homelessness legislation. -
14 December 2012Book page
Native Title Report 2011: Chapter 4: Options for addressing lateral violence in native title
This Chapter considers options for addressing lateral violence in environments that concern our lands, territories and resources. Although this is the beginning of the conversation, the Chapter aims to give Aboriginal and Torres Strait Islander peoples and communities some ideas about how to address lateral violence through the establishment of strong structural foundations and principles. It… -
27 March 2015Book page
3 Key issues emerging from the consultation
Right to freedom of expression Right to freedom of thought, conscience and religion Right to freedom of association Property rights The objective of Rights & Responsibilities 2014 was to actively seek and listen to people’s views across the country about how well their rights and freedoms are protected in Australia. This process provided an opportunity to identify systemic human rights… -
Legal
14 December 2012Webpage
Submission: MIGRATION AMENDMENT (DESIGNATED UNAUTHORISED ARRIVALS) BILL 2006
1.1 The Human Rights and Equal Opportunity Commission (‘The Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 (‘the Bill’). 1.2 The Commission welcomes the opportunity to make this submission and thanks the… -
Legal
14 December 2012Webpage
Australia's compliance with the Convention Against Torture
Learn how Australia complies with the UN Committee Against Torture in areas such as immigration detention, prison conditions and victims of trafficking. -
14 December 2012Book page
HREOC REPORT NO. 39: Complaint by Mr Huong Nguyen and Mr Austin Okoye
I attach a report of my inquiry into complaints by Mr Huong Hai Nguyen and Mr Austin Okoye against the Commonwealth of Australia and GSL (Australia) Pty Ltd, pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth). -
14 December 2012Book page
1 Introduction and background
Between 1 September 2008 and 22 November 2011, 180 young Indonesians who said that they were children arrived in Australia, having worked as crew on boats bringing asylum seekers to Australia. These young people were often fishermen from impoverished communities in the south and east of Indonesia. Many of them have spent long periods of time in immigration detention without being charged, or… -
14 December 2012Book page
HREOC Report No. 36
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint against the Commonwealth of Australia. I have found that the respondent failed to provide the complainant with a safe place of detention whilst she was detained at the Curtin Immigration Reception and Processing Centre and that such failure…