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14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Article 3(1) of the United Nations Convention on the Rights of the Child provides that a child's best interests are to be a primary consideration in all actions concerning them. The Australian system, whereby the guardian of unaccompanied child asylum seekers is the Minister for Immigration and Multicultural and Indigenous Affairs, rather than an authoritative, independent statutory body, does not ensure that the requirements of article 3(1) are met. -
Rights and Freedoms1 May 2013Publication
Human 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 brief outline of the recent changes and highlights the key human rights concerns raised by the third country processing regime. -
Legal14 December 2012Webpage
Access and Equity: Inquiry into the responsiveness of Australian Government services to Australia’s culturally and linguistically diverse population
The Australian Human Rights Commission makes this submission to the Access and Equity Inquiry Panel in its inquiry into the responsiveness of Australian Government services to Australia’s culturally and linguistically diverse population. -
Asylum Seekers and Refugees10 April 2013Publication
Human 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. -
14 December 2012Book page
Chapter 2: Constitutional reform: Creating a nation for all of us - Social Justice Report 2010
A century ago, the Australian people engaged in a debate about creating a nation. They held meetings...They wrote articles and letters in newspapers. Many views were canvassed and voices were heard. The separate colonies, having divided up the land between them, discussed ways of sharing powers in order to achieve a vision of a united Australia. The result was the Australian Constitution, establishing the Commonwealth of Australia in 1901. -
14 December 2012Book page
Annual Report 06-07: Chapter 6 - Aboriginal and Torres Strait Islander Social Justice
I have spent a lot of time this past year convincing people from all walks of life that the challenges facing Indigenous peoples in this country are not insurmountable. -
Legal14 December 2012Webpage
National Human Rights Consultation
Learn how Australia has committed to a greater emphasis on human rights education under the World Program for Human Rights Education. -
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 reservations by ... -
14 December 2012Book page
2011 Immigration detention at Villawood
The Australian Human Rights Commission visited the immigration detention facilities at Villawood from 21 to 25 February 2011. This statement contains a summary of the key observations and concerns arising from the Commission’s visit. It focuses on conditions as they were at that time. -
14 December 2012Book page
Native Title Report 2005 : Annexure 4 : Chronology of events in native title 1 July 2004 - 30 June 2005
This table includes summaries of every native title determination that occurred during this period, and notable or interesting agreements; it does not include every Indigenous Land Use Agreement (ILUA) registered or other native title agreements made over this period, due to the large volume. A snapshot of applications, determinations and ILUAs from this period is provided at the end of this table. -
Commission – General14 December 2012Webpage
Links to Human Rights Organisations and Resources
This website contains links to other websites that are external to the Australian Human Rights Commission. The Commission takes reasonable care in linking websites but has no direct control over the content of the linked sites, or the changes that may occur to the content on those sites. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
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I’d like to begin by acknowledging the Gadigal people of the Eora Nation on whose land we are today and pay my respects to their elders. I’d like to thank the organisers for inviting me to speak, and I would like to acknowledge you, the Aboriginal field staff. You have an important role and I pay tribute to you and your work. -
31 January 2013Webpage
2008 Human Rights Medal and Awards Winners
Since 1987, the Human Rights and Equal Opportunity Commission (now known as the Australian Human Rights Commission) has recognised the often extraordinary contribution to Australian society of a wide variety of men and women committed to issues of human rights, social justice and equality through the annual Human Rights Medal and Awards. Each year we receive outstanding nominations for the Human ... -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
This paper contains a comparison of the policies and procedures of Australia, the United Kingdom, the United States and Canada for dealing with children as asylum seekers. This comparison reveals two main differences. -
Legal14 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 -
Rights and Freedoms11 April 2013Project
Right to vote
The right to vote is not enjoyed equally by all Australians A healthy democracy makes sure that all members of the community have equal access to the political process. Australia is a democratic nation where governments are elected by popular vote. However, even though almost all Australians over 18 years old have the right – and the obligation – to vote, not all Australians enjoy that right as a ... -
Rights and Freedoms14 December 2012Publication
The right to vote is not enjoyed equally by all Australians
A healthy democracy makes sure that all members of the community have equal access to the political process. Australia is a democratic nation where governments are elected by popular vote. However, even though almost all Australians over 18 years old have the right – and the obligation – to vote, not all Australians enjoy that right as a practical matter. -
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 in ... -
Rights and Freedoms18 May 2017Publication
OPCAT in Australia Consultation Paper (2017)
OPCAT in Australia Consultation Paper MAY 2017 Table of Contents 1 Introduction 2 What is OPCAT? 2.1 National Preventive Mechanism 2.2 Sub-committee on the Prevention of Torture 3 The NPM model 4 Key issues for consideration 4.1 Stocktake of places of detention 4.2 Definitional issues – what does OPCAT cover? 4.3 Progressive implementation of OPCAT 4.4 Scope of the role of the NPM 4.5 Coordination ... -
Legal14 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 Covenant on Civil and Political Rights (ICCPR).