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14 December 2012Book page
Bringing them Home - Chapter 21
Indigenous children throughout Australia remain very significantly over-represented `in care' and in contact with welfare authorities. Their over-representation increases as the intervention becomes more coercive, with the greatest over-representation being in out-of-home care. Indigenous children appear to be particularly over-represented in long-term foster care arrangements. A high percentage… -
14 December 2012Book page
Bringing them Home - Chapter 13
Lots of white kids do get taken away, but that's for a reason - not like us. We just got taken away because we was black kids, I suppose - half-caste kids. If they wouldn't like it, they shouldn't do it to Aboriginal families. Confidential evidence 357, South Australia. -
14 December 2012Book page
Bringing them Home - Chapter 26
An entrenched pattern of disadvantage and dispossession continues to wreak havoc and destruction in Indigenous families and communities. This situation has been described in the preceding chapters of this Part. State and Territory legislation, policy and practice in the areas of child welfare, care and protection, adoption and juvenile justice do not comply with the evaluation criteria… -
Rights and Freedoms14 December 2012Speech
Human Rights in Contemporary Australia: Dr Sev Ozdowski OAM (2001)
Despite its rather grand title, this presentation will be a relatively modest attempt to set out the key challenges for human rights in Australia as I see them at the outset of my term as Human Rights Commissioner. Let us begin with a quick survey of the state of human rights internationally and in Australia today. -
Legal14 December 2012Webpage
CHEN YUAN FA v Federal Government
The Human Rights and Equal Opportunity Commission ( Commission') was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, His Honour Justice Carr directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to… -
Legal14 December 2012Webpage
CHEN YUAN FA v Federal Government
The Human Rights and Equal Opportunity Commission ("the Commission") was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, Carr J. directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to… -
14 December 2012Book page
Social Justice Report 2001: Chapter 1: Ten years on from the Royal Commission into Aboriginal Deaths in Custody
The year 2001 marked the tenth anniversary of the final report of the Royal Commission into Aboriginal Deaths in Custody. The 5 volumes and 339 recommendations that comprise the national report of Commissioner Johnston remain among the most extensive, frank and devastating examinations of the impact of colonialism on the Indigenous peoples of this country. -
14 December 2012Book page
Bringing them Home - Chapter 2
Every morning our people would crush charcoal and mix that with animal fat and smother that all over us, so that when the police came they could only see black children in the distance. We were told always to be on the alert and, if white people came, to run into the bush or run and stand behind the trees as stiff as a poker, or else hide behind logs or run into culverts and hide. Often the white… -
14 December 2012Book page
Report No. 40: Complaints by immigration detainees against the Commonwealth of Australia (Department of Immigration and Citizenship, formerly the Department of Immigration and Multicultural and Indigenous Affairs) and GSL (Australia) Pty Ltd (2008)
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of an inquiry by the former President of the Commission into complaints made by immigration detainees against the Commonwealth of Australia. The former President found that the Commonwealth had breached the human rights of the complainants pursuant to articles 10(1) and 17(1) of… -
Legal14 December 2012Webpage
Submission to the Law Reform Commission
"Not every disturbance or catastrophe qualifies as a public emergency which threatens the life of the nation, as required by article 4, paragraph 1. The Covenant requires that even during an armed conflict measures derogating from the Covenant are allowed only if and to the extent that the situation constitutes a threat to the life of the nation. If States parties consider invoking article 4… -
Legal14 December 2012Webpage
Submission on the Inquiry into pay equity and associated issues related to increasing female participation in the workforce (2008)
The Australian Human Rights Commission (‘the Commission’)[1] makes this submission to the House of Representatives Standing Committee on Employment and Workplace Relations in its Inquiry into pay equity and associated issues related to increasing female participation in the workforce (‘the Inquiry’). -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 12
The issue of divorce never arises for same-sex couples, since they cannot legally marry. However, a same-sex couple, like an opposite-sex de facto couple, may need the assistance of a court to resolve property and child-related issues if their relationship breaks down. -
Legal14 December 2012Webpage
Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008)
(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform) -
Legal14 December 2012Webpage
Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008)
(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform) -
14 December 2012Book page
Report No. 41: El Masri v Commonwealth (Department of Immigration and Citizenship) (2009)
Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The complaints by Mr El Masri Part D: The Commission’s human rights inquiry and complaints function Part E: Mr El Masri’s detention from 14 November 2002 to 14 October 2005 Part F: The detention of Mr El Masri on 28 November 2006 Part G: The detention of Mr El Masri in MSU Part H: Use… -
Legal14 December 2012Webpage
Commission submissions: Bropho
3. HREOC makes no submissions about the factual findings. These submissions are concerned with the proper legal tests to apply and not the application of the facts under those tests. -
14 December 2012Book page
Bringing them Home - Chapter 11
Actually what you see in a lot of us is the shell, and I believe as an Aboriginal person that everything is inside of me to heal me if I know how to use it, if I know how to maintain it, if I know how to bring out and use it. But sometimes the past is just too hard to look at. Confidential evidence 284, South Australia. -
14 December 2012Book page
Bringing them Home - Chapter 8
The general opinion of station people is that it is a mistake to take these children out of the bush. They say that the aboriginal mothers are fond of their children and in their own way look after them and provide for them and that when they grow up they are more easily absorbed and employed than those who have been taken out of their natural environment and removed to towns. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Australian Lawyers for Human Rights (ALHR) is a network of Australian lawyers interested in furthering awareness and advocacy of human rights in Australia. ALHR promotes the practice of human rights law in Australia and works with Australian and international human rights organisations to achieve this aim. -
14 December 2012Book page
Bringing them Home - Chapter 25
State and Territory legislation, programs and policies in the areas of child welfare, adoption and juvenile justice are intended to provide a non-discriminatory framework for the administration of services. In many cases, programs are designed with the objective of reducing the extent of contemporary removals of Indigenous children and young people. In spite of this, the over-representation of…
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