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Rights and Freedoms10 April 2013Publication
Homelessness is a Human Rights Issue
This paper explores the many ways that homelessness impacts on a person’s ability to enjoy basic rights and freedoms. It shows that homelessness is more than just a housing issue. Homelessness is about human rights. Homeless people are not merely objects of charity, seeking help and compassion – like all Australians, they are individuals entitled to the protection and promotion of their human rights. Since human rights belong to everyone, it is in the interests of the Australian community as a whole to ensure that the rights of homeless people are respected and protected. -
15 July 2014Book page
Chapter 4: Human rights in practice – alcohol policy
4.1 Introduction Alcohol consumption, misuse and related harm are some of the most challenging issues confronting communities across the length and breadth of Australia. These challenges are not limited to Aboriginal and Torres Strait Islander communities, but confront every demographic in Australian cities and towns. From Kings Cross to Halls Creek, St Kilda to Santa Teresa – communities grapple ... -
14 December 2012Book page
Native Title Report 2010: Chapter 1: Working together in ‘a spirit of partnership and mutual respect’: My native title priorities
Seventy-two Prescribed Bodies Corporate (PBCs) have been registered as Registered Native Title Bodies Corporate to either hold native title rights on trust for, or to act as the agent of, native title holders.[3] -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Publication
Submission: Human rights and fundamental freedoms of Indigenous people
The Australian Human Rights and Commission has made a submission on behalf of the Indigenous Peoples Organisation Network (IPON) of Australia to Professor S. James Anaya, UN Special Rapporteur on the human rights and fundamental freedoms of Indigenous Peoples, on the current status of Indigenous human rights in Australia for his Mission to Australia which is taking place from 17-28 August 2009. -
14 December 2012Book page
Social Justice Report 2000: Appendix 1 Information concerning Australia provided by the Human Rights and Equal Opportunity Commission to United Nations Committees in 2000
1) Committee on the Elimination of All Forms of Racial Discrimination (CERD): additional information to Australia's 10th, 11th and 12th periodic reports under CERD, March 2000; -
14 December 2012Book page
Native Title Report 2001: Chapter One: The Right to Negotiate and Human Rights
The 'right to negotiate' is a fundamental right assured by the Commonwealth Native Title Act (the 'NTA') and reflected in international human rights standards. Yet in practice the capacity of native title parties to exercise their 'right to negotiate' is determined by factors other than the mere existence of the right. Given the primary role of state and territory governments in land administration, their policies regarding the administration of the right to negotiate have a significant impact on native title parties' capacity to exercise their 'right to negotiate'. -
14 December 2012Book page
Native Title Report 2001: Introduction
Native title was recognised by the High Court, nearly ten years ago, on 3 June 1992. The Mabo decision [1] gave recognition to the unique and profound relationship that Indigenous people have always had with their land. -
Legal14 December 2012Webpage
Updated information from the Australian Human Rights Commission on Australia’s implementation of the ICCPR (2009)
Ms Nathalie Prouvez Secretary of the Human Rights Committee Human Rights Treaties Branch Office of the High Commissioner for Human Rights CH-1211 Geneva 10 Switzerland -
14 December 2012Book page
Comments by Aboriginal and Torres Strait Islander Social Justice Commissioner on MMSD (Australia) Project (2001)
In early 2001 AMEEF, as managers of the MMSD (Australia) project, commissioned various studies including a baseline assessment of the minerals industry and five other areas of interest: mining and biodiversity, stakeholder engagement, mining-Indigenous agreements, managing minerals wealth, and industry-based initiatives for sustainable development. These studies will contribute to a final report of the MMSD (Australia) project, which will form part of MMSD's global project. -
14 December 2012Book page
Native Title Report 2005: Chapter 1: Background the origin of land rights and barriers to economic development through native title
The Australian Government has signalled that economic development is a central focus for the Indigenous Affairs portfolio this term. The Ministerial Taskforce on Indigenous Affairs, created in May 2004 to drive and coordinate the federal Government’s Indigenous policies,1 identified as one of three key areas2 for priority action: -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The aim of this submission is to inform HREOC, at the outset of its Inquiry, of the concerns held about Children in Immigration in Detention, by members of the legal profession in New South Wales. The focus of the submission is limited to the issue of compliance with international and domestic legal obligations. Relevant obligations are outlined, concerns are highlighted and finally, recommendations to address those concerns are listed. The Law Society welcomes any future opportunity to address any specific matters in greater detail at the request of HREOC. -
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). -
14 December 2012Book page
International Review of Indigenous issues in 2000: Australia - 4. National laws contributing to racism, racist practices and / or race related discrimination
On 3 June 1992 the High Court of Australia handed down its decision in Mabo v Queensland (No.2) (1992) 175 CLR 1. This decision constitutes the first recognition of indigenous property rights at common law in Australia. The Court rejected the previously existing view that Australia was terra nullius (or land belonging to no-one) upon settlement by Europeans in 1788. -
14 December 2012Book page
Native Title Report 2000: Chapter 1: Nation in dialogue
The application of human rights principles to native title has been the subject of an ongoing dialogue taking place both nationally and internationally in the reporting period. -
Legal14 December 2012Webpage
Native title payments discussion paper – Optimising Benefits from Native Title Agreements
The Aboriginal and Torres Strait Islander Social Justice Commissioner has produced 15 Native Title Reports which include analyses and recommendations on the operation of the native title system and its effect on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples.[1] Particularly relevant is the Native Title Report 2003, which provides a detailed comparative analysis of the international context of Indigenous peoples and agreement-making, concerning their lands, waters and natural resources. -
14 December 2012Book page
Annual Report 2001-2002: Chapter 4
The 2000 Social Justice Report is the second by Dr Jonas. It tabled in both houses of the federal Parliament on 28 March 2001. The theme of the report is reconciliation and human rights. -
Legal14 December 2012Speech
Law Seminar 2007: The Northern Territory National Emergency Response Legislation by Dr Sarah Pritchard
1. That Aboriginal child sexual abuse in the Northern Territory be designated as an issue of urgent national significance by both the Australian and Northern Territory Governments, and both governments immediately establish a collaborative partnership with a Memorandum of Understanding to specifically address the protection of Aboriginal children from sexual abuse. It is critical that both governments commit to genuine consultation with Aboriginal people in designing initiatives for Aboriginal communities.” (emphasis added) -
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). -
Business and Human Rights30 November 2022Speech
Executive 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. -
14 December 2012Book page
Annual Report 2001-2002: Chapter 3
As a result of the enactment of the Human Rights Legislation Amendment Act (No. 1) 1999 (Cth) the jurisdiction of the Commission to conduct public inquiries into complaints was transferred on 13 April 2000 to the Federal Court and Federal Magistrates Service. However, the Commission retained the jurisdiction to complete those public inquiries it had commenced prior to 13 April 2000. During 2000–01, 32 of these matters were finalised. Of those:
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