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Rights and Freedoms
3 April 2013PublicationAsylum seekers and refugees
Australia has obligations to protect the human rights of all asylum seekers and refugees who arrive in Australia, regardless of how or where they arrive and whether they arrive with or without a visa. -
Sex Discrimination
27 February 2017SubmissionViolence against women in Australia (2017)
Violence against women in Australia AUSTRALIAN HUMAN RIGHTS COMMISSION SUBMISSION TO THE SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN 20 January 2017 Download PDF Download Word Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Background information 5 Recent developments in Australia 5.1 National Plan to Reduce Violence Against Women and their Children 5.2 Relevant Federal… -
28 October 2013Book page
3 Third country processing
As at 23 September 2013 there were 710 asylum seekers detained in the ‘regional processing centre’ on Nauru and 798 asylum seekers detained in the centre on Manus Island. [145] It is estimated that there are currently at least 44 children in the regional processing centre on Nauru, all of whom were transferred with their families as part of the new RSA, having arrived in Australia after 19… -
28 October 2013Book page
2 Onshore detention and processing
2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained… -
10 April 2015Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations 2.2 National framework 2.3 Equality before the law and non-discrimination 2.4 Migrants, refugees and asylum seekers 2.5 Right to life, liberty and security of the person 2.1 Scope of international obligations Australia prides itself on its commitment to the promotion and protection of human rights and has announced its candidacy for election to the… -
14 April 2015Book page
1 Social justice - Year in review
1.1 Introduction 1.2 Machinery of Government changes 1.3 The 2014 Budget 1.4 Leadership, representation and engagement 1.5 Constitutional recognition 1.6 Indigenous Jobs and Training Review 1.7 Closing the Gap 1.8 Stolen Generations 1.9 International developments 1.10 Australian Human Rights Commission complaints 1.11 Conclusion 1.1 Introduction At the beginning of this reporting period, we… -
15 July 2014Book page
Chapter 1: How far have we come? Looking back on 20 years of the Social Justice Commissioner role
1.1 Introduction This year marks 20 years since the establishment of the Aboriginal and Torres Strait Islander Social Justice Commissioner (Social Justice Commissioner) role under the Australian Human Rights Commission Act 1986 (Cth). When I first started in this position I was asked if any of the previous Commissioners had left any words or notes of advice. I answered them ‘no, but they all… -
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: -
Legal
20 May 2022WebpageSubmission to Court as Intervener and Amicus Curiae
The Commission has the power to intervene, with leave of the Court, in proceedings that involve issues of race, sex and disability discrimination, human rights issues and equal opportunity in employment. The power to seek leave to intervene is contained in: -
14 December 2012Book page
Social Justice Report 2006
This appendix provides an overview of the main events with regard to the administration of Indigenous affairs to 30 June 2006. It commences with a summary table and is followed by a detailed description of each event. -
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… -
14 December 2012Book page
Native Title Report 2011: Chapter 1: Reviewing key developments in the Reporting Period
In this Chapter I review key developments within the native title system that occurred throughout the Reporting Period (1 July 2010 to 30 June 2011) and consider the impact of these events on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples’ human rights. -
Legal
14 December 2012Webpage
Submission: MIGRATION AMENDMENT (DESIGNATED UNAUTHORISED ARRIVALS) BILL 2006
1.1 The Human Rights and Equal Opportunity Commission (‘The Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 (‘the Bill’). 1.2 The Commission welcomes the opportunity to make this submission and thanks the… -
Asylum Seekers and Refugees
10 April 2013PublicationHuman rights issues raised by the transfer of asylum seekers to third countries
Human rights issues raised by the transfer of asylum seekers to third countries’ sets out the Australian Human Rights Commission’s position in relation to steps taken recently by the Australian Government to transfer asylum seekers who arrive in Australia by boat to third countries for the processing of their claims for protection. -
3 January 2014Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations During Australia’s review, the Government made a commitment to improving Australia’s monitoring of its international human rights obligations. Australia is a party to seven of the core human rights treaties and maintains a number of reservations under these. The Australian Government made a commitment to conduct a comprehensive review of such… -
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. -
Business and Human Rights
30 November 2022SpeechExecutive discretion in a time of COVID-19
Responses to the COVID-19 pandemic have required very quick action by governments. But those responses have also involved significant limitations on people’s rights and freedoms, especially freedom of movement, and implemented through executive power often with limited parliamentary involvement. -
Legal
14 December 2012Webpage
International Covenant on Civil and Political Rights – List of issues prior to reporting
This submission is made by the Australian Human Rights Commission, Australia’s national human rights institution. It outlines a number of issues that the Commission suggests should be considered by the Human Rights Committee as it develops a List of Issues Prior to Reporting ahead of Australia’s preparation of its sixth periodic report regarding the implementation of the International… -
27 November 2015Book page
The need for better engagement - Year in review
1.1 Introduction In last year’s Social Justice and Native Title Report, I raised concerns about the changes resulting from the 2014-15 Budget and the restructure to Indigenous Affairs through the Indigenous Advancement Strategy (IAS). Despite initial concerns about how these changes would impact our communities, I indicated that the streamlining of programs and the move away from a ‘one size… -
1 August 2014Book page
Chapter 5: The legal and policy framework
Learn about how Australia has entered international human rights obligations to stop pregnancy and return to work discrimination against women.