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Legal
14 December 2012WebpageCommission submissions: Al Masri
1. The Human Rights and Equal Opportunity Commission (the "Commission") files these written submissions pursuant to the orders entered 24 September 2002. The Commission makes no submissions on the respondent's motion of 18 September 2002. On the assumption that the appeal is competent, the Commission's submissions address the proper construction of s.196 of the Migration Act 1958 (Cth) … -
Rights and Freedoms
18 May 2017PublicationOPCAT in Australia Consultation Paper (2017)
Review the OPCAT Australia Consultation Paper 2017, which discusses the implementation of the Optional Protocol to the Convention Against Torture. -
Legal
14 December 2012Webpage
HREOC submission to Inquiry into Immigration Detention in Australia
Submission of the HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (HREOC) to the Joint Standing Committee on Migration Inquiry into Immigration Detention in Australia 4 August 2008 Human Rights and Equal Opportunity Commission Level 8, 133 Castlereagh St GPO Box 5218 Sydney NSW 2001 Table of Contents Introduction Government’s announcement of a new direction in immigration detention policy… -
14 December 2012Book page
Bringing them Home - Chapter 13
Human Rights and Equal Opportunity Commission Report Bringing them Home Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families April 1997 back to content page / previous chapter / next chapter Part 4 Reparation Chapter 13 Grounds for Reparation Chapter 14 Making Reparation Kooris Come in All Colours I know I'm a Koori I've… -
Legal
14 December 2012Webpage
Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012 (2012)
Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012 Australian Human Rights Commission Submission to the Senate Legal and Constitutional Affairs Committees October 2012 Download in PDF [390 KB] Download in Word [300 KB] Table of Contents 1 Introduction 2 Background 3 Summary 4 Recommendations 5 Mental and physical health impacts of prolonged and indefinite… -
Rights and Freedoms
19 July 2013Webpage
Common law rights, human rights scrutiny and the rule of law
Common law rights, human rights scrutiny and the rule of law Australia is unusual among common law countries in not having a Constitutional Charter or Bill of Rights. However, common law courts have power to provide significant protection of human rights principles including the rule of law, except where legislation specifically overrides this power. Parliament presumed not to intend to… -
Legal
14 December 2012Webpage
Migration Amendment (Immigration Detention Reform) Bill 2009
Migration Amendment (Immigration Detention Reform) Bill 2009 Australian Human Rights Commission Submission to the Senate Standing Committee on Legal and Constitutional Affairs 31 July 2009 Download in Word [375KB] Download in PDF [103KB] Table of Contents 1 Introduction 2 Background 3 Summary 4 Recommendations 5 The Bill should ensure that immigration detention centres are used only as a… -
Asylum Seekers and Refugees
21 October 2013PublicationCasenote: FKAG v Australia and MMM v Australia
F.K.A.G. et al. v Australia (UN Doc CCPR/C/108/D/2094/2011) and M.M.M. et al. v Australia (UN Doc CCPR/C/108/D/2136/2012) 20 August 2013 Summary The UN Human Rights Committee has found that the indefinite detention of 46 refugees with adverse security assessments was arbitrary and amounted to cruel, inhuman or degrading treatment under the International Covenant on Civil and Political Rights… -
Legal
14 December 2012Webpage
Commission submission - s134
IN THE HIGH COURT OF AUSTRALIA SYDNEY OFFICE OF THE REGISTRY In the matter of an application for writs of prohibition, certiorari, mandamus and other relief No. S134 of 2002 BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS First respondent REFUGEE REVIEW TRIBUNAL Second Respondent EX PARTE: APPLICANTS S134/2002 Prosecutors WRITTEN SUBMISSIONS MADE ON BEHALF OF THE… -
Rights and Freedoms
4 August 2017Webpage
Submissions to OPCAT in Australia Consultation 2017
Submissions - OPCAT Civil Society Consultation Submissions received by the Australian Human Rights Commission in response to the guideline questions its OPCAT in Australia Consultation Paper (2017) available here. You can follow the progress of our consultations at our OPCAT Consultation Page. Submissions from organisations and individuals Where a submission is not available it is either -
Rights and Freedoms
1 May 2013Webpage
Freedom of thought, conscience and religion or belief
Back to rights and freedoms: right by right Article 18 | Human Rights Committee General Comment | Commission work | More information | Comments Article 18 Article 18 of the ICCPR states: Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in … -
Rights and Freedoms
1 May 2013Webpage
Right to education
Back to rights and freedoms: right by right ICESCR Article 13 | Other instruments | International scrutiny More information | Comments ICESCR Article 13 ICESCR Article 13 states: The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and…