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14 December 2012Book page
7. Refugee Status Determination for Children in Immigration Detention
The United Nations High Commissioner for Refugees (UNHCR) estimates that around half of the 50 million displaced persons in the world are children. Around 10 million of these children are under the care of UNHCR. Approximately 100,000 separated children roam Western Europe.(1) During 1999 alone, more than 20,000 separated children applied for asylum in Western Europe, North America or Australia… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The Equal Opportunity Commission of Victoria (the Commission) commends the enquiry by the Human Rights and Equal Opportunity Commission into the circumstances of children in immigration detention and the longer-term effects of detention on children who have entered the Australian community. This submission considers the post-detention experience and treatment of children and young adults released… -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
The current submission recognises the need to move beyond mere critique of the status quo and focus resources on the development of viable alternatives. To be feasible any such model must satisfy the legitimate concerns of the government while upholding the fundamental right of freedom of movement. -
Legal
14 December 2012WebpageCommission submissions: Clarke
The Commission has an interest and expertise in relation to the interpretation of the RDA, the application of the International Convention of the Elimination of all forms of Racial Discrimination (CERD),[1] and racial discrimination issues generally, as set out in paragraphs 14 and 15 of the affidavit of Ms Branson dated 18 July 2011. -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 3: The Racial Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the subsequent 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 ('ICERD').1 -
Commission – General
14 December 2012SpeechPresident speeches: The influence of human rights on judicial decision-making
May I acknowledge the Gadigal people of the Eora nation, the traditional owners of the land upon which we meet, and pay my respect to their elders past and present. -
14 December 2012Book page
Native Title Report 2005 : Chapter 2 : Existing legal framework and leasing options
The ownership, particularly communal ownership of land by Indigenous people began in 1976 with the introduction of land rights legislation in the Northern Territory (the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA (NT)). -
14 December 2012Book page
Social Justice Report 2001: Chapter 3: Indigenous governance and community capacity-building
Last year’s Social Justice Report noted that to date there has been insufficient attention by governments to processes which ensure greater Indigenous participation and control over service design and delivery as part of an overall strategy to redress Indigenous disadvantage and economic marginalisation. I observed that: -
Commission – General
14 December 2012Speech
President speech: Using human rights to inform administrative decision-making
The right to non-discrimination on the basis of sex and immigration regulations: Abdulaziz, Cabales and Balkandali v The United Kingdom (28 May 1985) Eur Court HR -
14 December 2012Book page
Social Justice Report 2003: Chapter 3: Indigenous participation in decision making – Transforming the relationship between government and Indigenous peoples
The twin pillars of the government's approach to Indigenous policy in 2003 continued to be practical reconciliation, with its emphasis on service delivery in core areas of disadvantage, and mutual obligation, with its emphasis on reciprocity and individual responsibility. Through both of these policies, the government has identified moving Indigenous people beyond welfare dependency and enabling… -
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… -
Legal
14 December 2012Webpage
Submission: Anti-Terrorism Bill (No 2) 2005
Recommendation 1: The Bill should be amended to include additional sub-clauses (in s105.4(4) and (6)), which require the issuing authority to be satisfied that the purpose for which the order is made cannot be achieved by a less restrictive means. -
Legal
14 December 2012Webpage
CERD Index
This submission is prepared by Australia's national human rights institution, the Human Rights and Equal Opportunity Commission (HREOC). It provides information in relation to the Australian Government's combined 13th and 14th periodic report under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). All of the material contained in this document has… -
Disability Rights
14 December 2012WebpageDISABILITY DISCRIMINATION BILL 1992: Second Reading
Mr DEPUTY SPEAKER (Hon. G.G.D. Scholes)--I understand that it is the wish of the House to debate the Disability Discrimination Bill concurrently with the Human Rights and Equal Opportunity Legislation Amendment Bill. There being no objection, the Chair will allow that course to be followed. -
Aboriginal and Torres Strait Islander Social Justice
1 March 2016PublicationToomelah Report (1988)
The Toomelah community of five hundred Aboriginal people endures appalling living conditions which amount to a denial to them of the most basic rights taken for granted by most other groups in society, and by other Australian communities of similar size. Their houses are substandard and overcrowded, actually contributing to a range of diseases. The community has for decades lived without an… -
Legal
14 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) -
Legal
14 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
Commission Website: National Inquiry into Children in Immigration Detention
The current mandatory detention policy of the Commonwealth of Australia breaches the fundamental principle of the rights of the child which is that children should be able to develop to their full potential. The policy breaches every article of the Convention on the Rights of the Child. The policy violates the right to health as established by international law. -
14 December 2012Book page
HREOC Social Justice Report 2002: Measuring Indigenous disadvantage
4. Research relevant to benchmarking 5. The Commonwealth Grants Commission Report on Indigenous Funding 6. Australian Bureau of Statistics 7. Initiatives at the inter-governmental level related to benchmarking 8. The Steering Committee framework for reporting on Indigenous disadvantage 9. Governance and capacity building 10. Developments at State and Territory level -
Legal
14 December 2012Webpage
Inquiry into national homelessness legislation (2009)
The House of Representatives Standing Committee on Family, Community, Housing and Youth shall inquire into and report on the content of homelessness legislation.