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Legal
14 December 2012WebpageFederal Discrimination Law: Chapter 6 - Practice and Procedure
The procedure for making complaints of federal unlawful discrimination is set out in Part IIB of the HREOC Act.[1] That procedure can be summarised as follows. -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
Legal
14 December 2012Speech
Law Seminar 2007: The Northern Territory National Emergency Response Legislation by Dr Sarah Pritchard
1. That Aboriginal child sexual abuse in the Northern Territory be designated as an issue of urgent national significance by both the Australian and Northern Territory Governments, and both governments immediately establish a collaborative partnership with a Memorandum of Understanding to specifically address the protection of Aboriginal children from sexual abuse. It is critical that both… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
"We reaffirm our commitment to continue our struggle to eliminate all forms of violence and torture against children and to create a world that protects and fulfils the rights of all children." [1] -
Legal
14 December 2012Webpage
Inquiry into the Water Amendment Bill 2008
The Commission supports and commends the relevant state governments’ and the ACT government’s progress in referring constitutional powers to the Commonwealth, enabling water resources in the Murray-Darling Basin to be managed in the national interest, optimising environmental, economic and social outcomes. -
14 December 2012Book page
10. Physical Health of Children in Immigration Detention
The human right to health is not simply the right to health care. It is also a right to the underlying determinants of health, including food and nutrition, housing, access to safe drinking water and adequate sanitation, and a healthy environment. -
Commission – General
3 September 2018PublicationHuman Rights & Climate Change (2008)
Climate change will have significant impacts in both Australia and across the globe. Australia is one of the most arid continents in the world. It is vulnerable to risks such as disruptions to water supply; increases in the severity of storms, floods and droughts, coastal erosion due to sea level rise; and to negative human health impacts, for example through an increase in the range and spread… -
Commission – General
2 August 2013Webpage
Senate File Listing 1 January 2012 – 30 June 2012
Senate File Listing Click here to view the most recent Senate File Listings Indexed list of Australian Human Rights Commission Files 1 January 2012 – 30 June 2012 FileId: 95/11-2 Create Date 22-Mar-2012Name: PERSONNEL POLICY:Title: EMPLOYEE ASSISTANCE PROGRAM FileId: 95/11-3 Create Date 26-Mar-2012Name: PERSONNEL POLICY:Title: EMPLOYEE ASSISTANCE PROGRAM FileId: 98/276-2 Create Date 22-Mar … -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
We must face up to our humanitarian responsibilities to accept refugee children and their families. We must take them out of the immigration detention centres and welcome them into the community where they can play, learn and grow. At least then when our children look back on this time and ask us what we did to stand up for refugee kids, we can say we gave them their childhood." (Calvert,… -
14 December 2012Book page
15. Religion, Culture & Language for Children in Immigration Detention
The Convention on the Rights of the Child (CRC) requires Australia to protect children's rights to cultural identity, language and religion. The most effective way of ensuring enjoyment of these rights is to encourage and allow refugee and asylum-seeking children to participate in cultural and religious activities in the community. The Australian community is well equipped to respond to this need… -
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. -
Rights and Freedoms
1 May 2013PublicationHuman rights issues raised by the third country processing regime
The Commission recognises the importance of effective border management and recognises that Australia has a right as a sovereign State to exclude non-citizens from its territory. However, Australia also has international obligations in relation to asylum seekers who come here, including those who arrive by boat, which must be observed in its border management practices. This paper provides a… -
Commission – General
14 December 2012Webpage
Convention on the Rights of the Child - Human rights at your fingertips
Learn about the principles proclaimed in the Charter of the United Nations, which recognises the inherent dignity and equal rights of all of humanity. -
Legal
14 December 2012Webpage
Australia’s compliance with the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
A. Introduction B. The ratification of OPCAT. C. A new torture offence D. Treatment in Immigration Detention E. A system of complementary protection F. Mechanisms to check diplomatic assurances are honoured G. Engagement with the UN Treaty Body process -
14 December 2012Book page
Questions and Answers About Refugees & Asylum Seekers
According to the United Nations Convention and Protocol relating to the Status of Refugees (also called the Refugee Convention), a refugee is someone who is outside their own country and cannot return due to a well-founded fear of persecution because of their: -
Rights and Freedoms
4 February 2019Speech
Roles, responsibilities and challenges
The Australian Human Rights Commission—roles, responsibilities and challenges Supreme and Federal Court Judges’ Conference 2019 Hobart, 22 January 2019 Emeritus Professor Rosalind Croucher AM [Professor Croucher spoke to this paper] Introduction I begin my presentation by acknowledging the traditional custodians of this land, and pay my respect to the elders, past, present, and emerging… -
Aboriginal and Torres Strait Islander Social Justice
14 March 2020Media ReleaseFailure to close the gap puts Indigenous communities at increased risk
The Close the Gap Campaign is cancelling its public events to mark Close the Gap Day on Thursday 19 March 2020 due to the Coronavirus pandemic. Aboriginal and Torres Strait Islander people continue to endure higher levels of illness and higher levels of comorbidity. We have three times the rate of preventable admissions to hospital, overcrowded housing and a lack of access to basic health… -
Rights and Freedoms
14 December 2012Speech
Introducing human rights law: Chris Sidoti (1997)
International law deals with many matters of importance to everyday life: access to the water of rivers for navigation, irrigation and drinking; transport by sea and air; environmental protection; the arrest and extradition of those accused or convicted of crimes. International law provides protection in international life and locally. -
Legal
14 December 2012Webpage
National Human Rights Consultation - Appendix 4
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.[13] -
Rights and Freedoms
31 July 2019Speech
Free and Equal: A National Reform Agenda for Human Rights in Australia for the next decade
Commission President Emeritus Professor Rosalind Croucher AM addressed the Castan Centre human rights conference on July 26. The topic was ‘Free and Equal’: A National Reform Agenda for Human Rights in Australia for the next decade. Thank you to the Castan Centre, and its Director, Professor Sarah Joseph, for inviting me to speak. Let me begin by acknowledging the traditional custodians of…