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14 December 2012Book page
Sterilisation
This paper will highlight the findings of research examining Family Court and state Guardianship Tribunal's originating materials and written reports from 'experts' and family members. It includes all sterilisation cases involving minors that have proceeded to legal judgment in Australia between 1992-1998. The central assertion is that non-consensual sterilisation continues to be framed as a medical problem to be 'cured' for family and social reasons. -
Disability Rights29 June 2015Publication
The Sterilisation of Girls and Young Women in Australia
The Sterilisation of Girls and Young Women in Australia: issues and progress (2001)by Susan Brady, John Britton & Sonia GroverA Report jointly commissioned by the Sex Discrimination Commissioner and the Disability Discrimination Commissioner at... -
14 December 2012Book page
The Sterilisation of Girls and Young Women in Australia
It is common in the legal commentary to refer to child sterilisation as if it is a gender neutral issue, [1] but the overwhelming majority of sterilisations and certainly all the cases heard by relevant Australian courts and tribunals, involve female children with intellectual disabilities. There is social problem at the centre of the debate about sterilisation. -
Disability Rights29 June 2015Publication
The Sterilisation of Girls and Young Women in Australia
The legal framework regulating sterilisation of children in Australia was set out by the High Court in Marion's Case in 1992 -
Disability Rights14 December 2012Project
The Sterilisation of Girls and Young Women in Australia: issues and progress (2001)
A 2001 Report jointly commissioned by the Sex Discrimination Commissioner and the Disability Discrimination Commissioner at the Australian Human Rights Commission -
Disability Rights14 December 2012Project
The Sterilisation of Girls and Young Women in Australia: 1997 report
The legal framework regulating sterilisation of children in Australia was set out by the High Court in Marion's Case in 1992. It sought to ensure heightened accountability in decision making in an area where children are at significant risk of grave abuse of their fundamental human right to bodily integrity. It held that: -
Disability Rights11 September 2019Speech
Convention on the Rights of Persons with Disabilities briefing with civil society (2019)
22nd Session of the Committee on the Rights of Persons with Disabilities Convention on the Rights of Persons with Disabilities briefing with civil society, Monday, 9 September 2019 Geneva, Palais des Nations Room XVII Opening Statement of Australian Human Rights Commission Dr Ben Gauntlett, Disability Discrimination Commissioner Thank you, Mr Chairman. I welcome the opportunity to make this ... -
Legal19 August 2013Submission
Information concerning Australia and the Convention on the Rights of Persons with Disabilities
Australian Human Rights Commission Submission to the UN Committee on the Rights of Persons with Disabilities 1 Introduction 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 Committee on the Rights of Persons with Disabilities as it develops a List ... -
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 ... -
Legal14 December 2012Webpage
Commission submissions: P v P
1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's view should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child. -
Disability Rights13 September 2019Speech
22nd Session of the Committee on the Rights of Persons with Disabilities
22nd Session of the Committee on the Rights of Persons with Disabilities Australia’s appearance, 12 to 13 September 2019 Geneva, Palais des Nations Room XVII Opening Statement (5 minutes) Ben Gauntlett, Disability Discrimination Commissioner Thank you Mr Chairman. I welcome the opportunity to make this statement on behalf of the Australian Human Rights Commission. Australia has made some progress ... -
Legal14 December 2012Webpage
Summary of Interventions by the Australian Human Rights Commission
Summary of Interventions by the Australian Human Rights Commission Updated 11 December 2009 Download PDF (100 kb) Word (181 kb) YEAR NO. OF CASES NAME OF CASE SUBJECT MATTER OF CASE COURT 1988 1. Re A Teenager (1988) 94 FLR 181 Family Law – Sterilisation of a young woman with a disability Family Court 2. Re Jane Family Law – Sterilisation of person with disability – whether parents require courts ... -
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. -
Disability Rights16 September 2013Speech
Committee on the Rights of Persons with Disabilities - Opening Statement
Good afternoon Committee members, and thank you for the opportunity to appear before you. Australia is a developed country which places importance on human rights issues. Our Government has participated in the development of many United Nations human rights treaties, including the Convention on the Rights of Persons with Disabilities. -
12 February 2013Book page
3 Promotion and protection of human rights on the ground
3.1 Equality before the law and non-discrimination A prominent theme throughout Australia’s UPR was the unacceptable level of disadvantage experienced by Aboriginal and Torres Strait Islander Peoples , with 50 of the countries that spoke during the interactive dialogue referring to issues affecting Aboriginal and Torres Strait Islander peoples. [15] Since its appearance the Australian Government ... -
Rights and Freedoms12 March 2018Speech
The sick and disabled under National Socialism
Registered, persecuted, annihilated: the sick and disabled under National Socialism Erfasst, verfolgt, vernichtet—kranke und behinderte Menschen im Nationalsozialismus Emeritus Professor Rosalind Croucher AM President, Australian Human Rights Commission Introduction Professor Gus Lehrer, Mr Norman Seligman, Associate Professor Michael Roberston, Holocaust survivors, distinguished guests. Thank you ... -
14 December 2012Book page
Annual Report 1999-2000: Disability Discrimination
Susan Halliday has been the acting Disability Discrimination Commissioner since 1999. This is in addition to her duties as the Sex Discrimination Commissioner. -
Legal14 December 2012Webpage
Questions on Notice 13 May 2003
I refer to the Questions on Notice taken by the Human Rights and Equal Opportunity Commission ("HREOC") during its evidence before the Senate Legal and Constitutional Legislation Committee's Reference on the Australian Human Rights Commission Legislation Bill 2003 ("AHRC Bill") on 29 April 2003 and provide the responses below. -
Legal10 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 2012. -
Disability Rights14 December 2012Speech
Meeting with National Disability Advisory Council
You might have noticed that somehow governments never seem to want the same long term commitment from Human Rights Commissioners. In fact, they often seem quite happy to see us arrive at the end of a term of office ... .
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