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Legal14 December 2012Webpage
INQUEST INTO THE DEATH OF SCOTT SIMPSON
1.2 These written submissions are made by the Human Rights and Equal Opportunity Commission (‘the Commission’) pursuant to its functions relating to human rights under section 11(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’).[1] In these submissions, the Commission sets out the human rights issues surrounding the incarceration and death of Mr Simpson, including principally the treatment of mentally ill people within the criminal justice system. -
15 April 2014Book page
Part one: Close the gap – A shared national priority
(a) How did we get here? It is not credible to suggest that one of the wealthiest nations in the world cannot solve a health crisis affecting less than 3% of its citizens. Dr Tom Calma AO, Aboriginal and Torres Strait Islander Social Justice Commissioner, 2005 [10] In 2008, the United Nations Human Development Index ranked Australia the third most developed nation in the world. Then, as now, we ... -
14 December 2012Book page
Native Title Report 2007: Chapter 7
</B>The Yankunytjatjara and Pitjantjatjara and other Indigenous people of the town of Yulara, in the shadows of Uluru, had their claim for compensation for extinguishment of native title rejected by Justice Sackville in the Federal Court (the Jango case)1in 2006. The Noongar people (the Noongar case)2 had their claim for native title over the metropolitan area of Perth upheld. Further north, around Darwin, the Larrakia people (the Larrakia case)3 learned that the common law would not recognise their native title when Justice Mansfied handed down his decision. -
Sex Discrimination14 December 2012Publication
The Elimination of All Forms of Discrimination Against Women (CEDAW)
These resources have been developed as an update and revision of the Australian Human Rights Commission document, ‘Women of the World: Know Your International Human Rights’. -
Legal14 December 2012Webpage
COAG Review of Counter-Terrorism Legislation
Division 104 of Part 5.3 of the Criminal Code Act 1995 (Cth) provides for the making of control orders. A control order is an order issued by a court (either the Federal Court, Family Court or Federal Magistrates Court), at the request of a member of the Australian Federal Police (AFP), to allow obligations, prohibitions and restrictions to be imposed on a person, for the purpose of protecting the public from a terrorist act.[8] -
14 December 2012Book page
Bringing them Home - Chapter 7
Following the founding of the Swan River Colony in 1829 relations between the British settlers and local Indigenous peoples in Western Australia became characterised by conflict. As a result of fierce fighting, -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 5
Protecting the best interests of a child is one of the most important principles of international law and the Convention on the Rights of the Child (CRC) in particular. This chapter focuses on whether federal law currently protects the best interests of a child being raised by lesbian or gay parents. -
14 December 2012Book page
Indigenous Deaths in Custody: Chapter 6 Police Practices
Explore a report prepared for the Aboriginal and Torres Strait Islander Commission in relation to Indigenous deaths in custody and police practices. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties. -
Rights and Freedoms19 August 2016Speech
Tony Blackshield Lecture
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the highest order and one of the most influential figures in Australian legal education over the last 50 years. I have two memories ... -
Commission – General14 December 2012Speech
Equality before the law
In the second century AD, Marcus Aurelius, a Roman emperor and Stoic philosopher, thanked one of his brothers for teaching him to value "the conception of the state with one law for all, based upon individual equality and freedom of speech, and of a sovereignty which prizes above all things the liberty of the subject."1 -
Rights and Freedoms26 September 2016Speech
Human rights and the overreach of executive discretion: citizenship, asylum seekers and whistleblowers
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS GILLIAN TRIGGS [*] (Annual Tony Blackshield Lecture delivered at Macquarie Law School, Macquarie University, 5 November 2015) I It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the ... -
Commission – General14 December 2012Speech
President 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
Bringing them Home - Chapter 11
Actually what you see in a lot of us is the shell, and I believe as an Aboriginal person that everything is inside of me to heal me if I know how to use it, if I know how to maintain it, if I know how to bring out and use it. But sometimes the past is just too hard to look at. Confidential evidence 284, South Australia. -
14 December 2012Book page
Valuing Parenthood - Appendices
This Appendix sets out currently available information describing women's labour force participation and the ways in which women combine work and family responsibilities in Australia. The Appendix also includes information about existing maternity and parental leave arrangements to provide a background to discussing any future paid maternity leave scheme. -
14 December 2012Book page
Bringing them Home - Chapter 5
The colony of Moreton Bay was established as a penal outpost of New South Wales in 1825. Extreme violence accompanied the rapid expansion of European settlers, particularly in the north. This violence and the spread of introduced diseases resulted in a rapid decrease in the Indigenous population. Kidnapping Indigenous women and children for economic and sexual exploitation was common. -
Legal14 December 2012Webpage
Commission submissions: P v P
2. The exercise of the jurisdiction of the Family Court is directly linked to the child's capacity to consent and therefore the capacity to consent must be the first issue to be decided. -
Legal14 December 2012Speech
Dignity, Fairness and Good Government: The Role of a Human Rights Act - Lord Bingham
It would clearly test to destruction the tolerance of the ordinary red-blooded Australian to have a Pom getting off the plane from London and telling them how to run their country. So I shall not presume to say how the current human rights debate in this country should be resolved. But perhaps I may contribute some thoughts, prompted by our own experience in the United Kingdom, acknowledging as I do so that the Australian context, while in some ways similar, is in others significantly different. -
Legal27 October 2014Submission
Information concerning Australia’s compliance with the Convention Against Torture
Information concerning Australia’s compliance with the Convention Against Torture Submission by the Australian Human Rights Commission 17 October 2014 Download PDF Download Word Table of Contents 1 Introduction 2 Statutory powers of the Australian Human Rights Commission 3 Independent monitoring and inspection mechanisms, including ratification of the Optional Protocol 4 Domestic implementation of ... -
Legal14 December 2012Webpage
Submission to National Human Rights Consultation (2009)
The Australian Human Rights Commission (the Commission) welcomes the opportunity to make this submission to the National Human Rights Consultation (the Consultation).