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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. -
Legal
14 December 2012WebpageNative Title Respondent Funding Submission, January 2006
The Aboriginal and Torres Strait Islander Social Justice Commissioner under section 209 of the Native Title Act 1993 (NTA), is required to report annually to the Commonwealth Attorney-General on the operation of the NTA and its effect on the human rights of Aboriginal and Torres Strait Islander peoples. As part of this role, the Commissioner also provides submissions to government reviews and… -
Commission – General
14 December 2012SpeechINCORPORATING HUMAN RIGHTS PRINCIPLES INTO NATIONAL SECURITY MEASURES
Since the terrorist attacks on September 11 2001, Governments around the world have created a raft of new counter-terrorism laws. In Australia alone, over 40 new laws have created new criminal offences, new detention and questioning powers for police and security apparatus, new powers for the Attorney-General to proscribe terrorist organisations, new ways to control people’s movement and… -
Commission – General
24 May 2013Webpage
Commission reports raising ICCPR Article 10
This page is intended to provide easier access to reports responding to complaints under the Australian Human Rights Commission Act which raise ICCPR Article 10 issues. All AHRCA reports are also found on our general reports page. No 56 - Sri Lankan refugees v Commonwealth of Australia (Department of Immigration and Citizenship) (2012) Detention of asylum seekers with adverse security… -
Legal
14 December 2012Webpage
R v Cheung
(i) R -v- Shrestha 100 ALR 757 (ii) Mabo -v- Queensland (1992) 66 AUR 408(iii) Adamopoulous -t- Olympic Airways SA 25 NSWLR 75(iv) Gradidge -v- Grace Bros Pty Ltd (1988) 93 FLR 414 -
Asylum Seekers and Refugees
14 December 2012Project
A last resort? report of the National Inquiry into Children in Immigration Detention (2004)
Explore a report by the Commission in relation to a national inquiry in to children being held in immigration detention. -
Sex Discrimination
14 December 2012WebpageThe Convention on the Elimination of All Forms of Discrimination against Women (CEDAW): Sex Discrimination - International Activities
In signing CEDAW, Australia committed itself to being a society that promotes policies, laws, organisations, structures and attitudes that ensure women are guaranteed the same rights as men. -
Employers18 February 2015Quick Guide
Languages
Treating someone differently because of the language that they speak may be against the law. Find out more in this quick guide for employers. -
Disability Rights
14 December 2012SpeechPreparations for the Olympics and Paralympics and inclusion of people with disabilities: the Australian experience
There is substantial attention in the international community being directed at present to the human rights of people with disabilities. An international convention on human rights and disability is being actively considered through the United Nations system. I would have been attending a regional meeting in Beijing in April this year as part of this process but this was cancelled because of the… -
Employers18 February 2015Quick Guide
Direct Discrimination
Understanding Direct Discrimination. Learn about unlawful treatment based on protected characteristics. -
Rights and Freedoms
30 April 2013Webpage
Rights and freedoms: right by right
Discover an overview of human rights material prepared by the Attorney-General’s Department in consultation with the Australian Human Rights Commission. -
Employers18 February 2015Quick Guide
Policies
The type of policies your organisation should put in place will depend on the needs and circumstances of your particular workplace. Some organisations choose to have a single workplace policy which prohibits discrimination, bullying, and harassment on a range of grounds, including a person’s sex, race, disability, age or sexual orientation. Others may decide there is a need for an additional… -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 3 - The Race Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination. -
Commission – General
14 December 2012Speech
President speeches: Development, Security and Human Rights
This paper addresses one of the Forum themes: ‘Security and Human Rights’. Since 11 September 2001 governments around the world have responded to the threat of terrorism with tough measures to protect the lives and security of their communities – to protect their fundamental human rights. New security measures give government authorities unprecedented powers, which can seriously infringe the… -
Employers18 February 2015Quick Guide
Positive Discrimination
Understanding Positive Discrimination, legal measures promoting equality. Learn about special measures to promote equality based on age, sex, race or disability. -
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. -
Disability Rights
9 April 2013Project
Twenty Years: Twenty Stories
Celebrating 20 years of the Disability Discrimination Act -
Legal
28 January 2015Submission
Inquiry into the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014
Australian Human Rights Commission Submission To The Parliamentary Joint Committee On Intelligence And Security Download PDF Download Word Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Human Rights Framework 4.1 Article 17 – the Right to Privacy 4.2 Article 19 – Freedom of Expression 5 Scope of dataset to be retained 6 Two year retention period 7 Access to retained… -
Disability Rights
30 June 2015Publication
Mental Health Legislation and Human Rights
This paper presents an indicative analysis of the mental health legislation in each State and Territory in terms of recently agreed international standards - the UN Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care. The legislation in every Australian jurisdiction breaches the standards prescribed in the UN Principles in a number of ways… -
Legal
14 December 2012Webpage
Commission submission - Minh Dung Luu
1. The Human Rights and Equal Opportunity Commission ("the Commission") was granted leave by his Honour Justice Marshall on 5 June 2001 to intervene in these proceedings pursuant to s 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the "HREOC Act").