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14 December 2012Book page
2 Biomedical markers and the assessment of chronological age
Since 2001, the primary method of assessing whether an individual is under the age of 18 years in the context of criminal proceedings in Australia has been through the analysis of an x-ray of the young person’s wrist. As this Inquiry is considering the treatment of young Indonesian males suspected of people smuggling who say that they are children, it is important to consider the… -
14 December 2012Book page
Report to the Department of Immigration and Citizenship (DIaC)
The Unlocking Doors Project was a series of forums, workshops and consultations conducted by the Human Rights and Equal Opportunity Commission throughout 2006, which brought Muslim peoples and communities in New South Wales and Victoria into a dialogue with Police. This dialogue sought to strengthen Muslim peoples’ relationship with law enforcement agencies and build on the capacity of the… -
14 December 2012Book page
Native Title Report 2009: Chapter 3
In my previous two Native Title Reports, I have strongly argued the need to reform the native title system. Stakeholders from all sectors engaged in the native title system have also stressed the need for the Government to take significant steps to ensure that the system meets the original objectives set out in the preamble to the Native Title Act 1993 (Cth) (Native Title Act). -
14 December 2012Book page
Social Justice Report 2003: Chapter 2: Reconciliation and government accountability
In the Social Justice Report 1999, my first report as Social Justice Commissioner, I identified four key themes and challenges that existed in the approach of the federal government to Indigenous policy making at the time. These were moving beyond welfare dependency, accountability, participation and reconciliation.[1] Since the release of that report approximately four years ago, the key themes… -
14 December 2012Book page
Native Title Report 2004 : Chapter 1 : The Consultations
During the 2004 reporting period I have embarked on a series of consultations focusing on the ideas and principles that were contained in a Discussion Paper, released by my predecessor as Social Justice Commissioner in June 2003. The Discussion Paper was entitled Promoting Economic and Social Development through Native Title (at Annexure 1). This chapter seeks to record and develop the ideas and… -
Legal
14 December 2012WebpageFederal Discrimination Law: Chapter 8 - Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the Federal Magistrates Court (‘FMC’) and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) (‘the Federal Court Act’) and the Federal Magistrates Act 1999 (Cth) (‘the Federal Magistrates Act’)… -
14 December 2012Book page
Native Title Report 2008 - Case Study 1
Imagine the sea rising around you as your country literally disappears beneath your feet, where the food you grow and the water you drink is being destroyed by salt, and your last chance is to seek refuge in other lands...[1] -
14 December 2012Book page
Chapter 2 - Introduction: Social Justice Report 2009
Indigenous imprisonment rates in Australia are unacceptably high. Nationally, Indigenous adults are 13 times more likely to be imprisoned than non-Indigenous people[1] and Indigenous juveniles are 28 times more likely to be placed in juvenile detention than their non-Indigenous counterparts.[2] -
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… -
14 December 2012Book page
Chapter 3: From community crisis to community control in the Fitzroy Valley - Social Justice Report 2010
It is a story of colonisation; the threat of losing our cultural authority to manage our societies; and the despair that has come from that disempowerment. It is a story of grief and trauma and the continued pain of living with grog, drug and violence. -
14 December 2012Book page
7 Some further aspects of the treatment of the young Indonesians
As discussed in Chapter 1, Australia’s international human rights obligations require that individuals who say that they are children be given the benefit of the doubt and treated as minors unless there is proof to the contrary. In the case of unaccompanied children, this should lead to consideration by the State of what steps need to be taken to ensure their special protection and care. -
14 December 2012Book page
Native Title Report 2001: Chapter Two: Resourcing Equality
The recognition and protection of native title and the participation of Indigenous people in decisions affecting their land are critical priorities within a human rights framework. -
Legal
14 December 2012Webpage
Information concerning Australia and the Convention on the Rights of the Child
Recommendation 1: The Commission recommends that the Australian Government fully incorporate into Australian law its human rights obligations to children, including through the adoption of a federal Human Rights Act. -
14 December 2012Book page
Native Title Report 2000: Chapter 1: Nation in dialogue
The application of human rights principles to native title has been the subject of an ongoing dialogue taking place both nationally and internationally in the reporting period. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 3
This chapter explains how the provisions of international human rights treaties protect same-sex couples and their children, in the context of accessing financial and work-related entitlements. In particular, this chapter focuses on the right to non-discrimination on the grounds of sexual orientation. It also describes how the breach of that right can interfere with a range of other basic human… -
Legal
10 October 2017Submission
Information concerning Australia’s compliance with the International Covenant on Civil and Political Rights (2017)
This submission provides information concerning the civil and political rights of key population groups in Australia and other thematic issues engaging civil and political rights. In relation to each section, the Commission has referred to the relevant articles of the ICCPR engaged and (where appropriate) the relevant paragraph of the Committee’s list of issues prior to reporting dated 9 November… -
Legal
14 December 2012Webpage
Inquest into the deaths of David Gurralpa and Robert Plasto-Lehner (2009)
Part 2.2: The obligations imposed by the right to life (article 6 of the ICCPR), including that by arresting and detaining individuals police take responsibility to care for their life. -
14 December 2012Book page
3 The Commonwealth’s understanding of the usefulness of biomedical markers for age assessment purposes
This chapter considers the Commonwealth’s approach to the use of biomedical markers to assess age since wrist x-rays became a prescribed procedure for the purpose of age determination following the enactment of the Crimes Amendment (Age Determination) Bill 2001 (Cth). It also considers what each relevant Commonwealth agency knew, or should have known, about the value of specific age… -
Legal
17 June 2019Submission
Review of citizenship loss provisions in the Australian Citizenship Act 2007 (Cth)
The Commission urges reform of these citizenship loss provisions, and makes 11 recommendations to ameliorate the significant human rights concerns. -
Race Discrimination
8 November 2016Project
Kep Enderby Memorial Lecture Series
The Australian Human Rights Commission has established the Kep Enderby Memorial Lecture to honour the memory of the Hon. Kep Enderby QC (1926-2015), who as Attorney-General introduced the Racial Discrimination Bill in the House of Representatives on 13 February 1975.