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14 December 2012Book page
7. Refugee Status Determination for Children in Immigration Detention
The United Nations High Commissioner for Refugees (UNHCR) estimates that around half of the 50 million displaced persons in the world are children. Around 10 million of these children are under the care of UNHCR. Approximately 100,000 separated children roam Western Europe.(1) During 1999 alone, more than 20,000 separated children applied for asylum in Western Europe, North America or Australia.(2) Of those 20,000 unaccompanied children, 46 travelled to Australia to seek asylum. In the same year a further 202 children sought asylum in Australia with their families.(3) -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 6
Employment is fundamental to the lives of Australian families. For many individuals, work is their major activity outside the home, and ensures their family’s financial security. -
14 December 2012Book page
Native Title Report 2000: Appendix 2
1) Committee on the Elimination of All Forms of Racial Discrimination (CERD): additional information to Australia's 10 th , 11 th and 12 th periodic reports under CERD, March 2000; 2) Human Rights Committee: additional information to Australia's third and fourth periodic reports, for consideration during the 69 th session, July 2000; and 3) Committee on Economic, Social and Cultural Rights: information in relation to consideration of Australia, August 2000. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
Effective engagement: The tonic for a reconciled nation (2011)
Aboriginal and Torres Strait Islander Social Justice Commissioner Mick Gooda charts an agenda of hope that can guide us towards a reconciled Australia. -
Legal14 December 2012Webpage
Northern Territory Emergency Response Review Board
The government has an obligation to take action to address violence and abuse, particularly where there is evidence that is it widespread. Governments that fail to do so are in breach of their obligations under the Convention on the Rights of the Child (CRoC), the International Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). -
Commission – General14 December 2012Speech
President Speech: In the national interest: the promotion and protection of human rights
Thank you for the opportunity to speak here today. I would like to begin by acknowledging the traditional owners of the land on which we meet, the Ngunnawal peoples, and pay my respects to their elders past and present. -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - Clarke v Oceania Judo
1. These submissions have been prepared for the assistance of the Court in the event that the Commissioner is given leave to appear as amicus curiae on 22 February 2007 and given an opportunity to make submissions on the issue of jurisdiction. These submissions address the contentions of the respondent asserting lack of jurisdiction in this Court to entertain these proceedings only in so far as it affects the operation of the Disability Discrimination Act 1992 (Cth) (the Disability Discrimination Act). -
14 December 2012Book page
It's About Time - Chapter 8
8.1 Introduction 8.2 The universal nature of care 8.3 Support for carers combining paid work and caring 8.4 Supporting the diverse needs of carers 8.5 Government provision of formal care for older people 8.6 Greater availability of formal care to meet growing need 8.7 Specialist disability services 8.8 Conclusion -
14 December 2012Book page
HREOC Report No. 34
Pursuant to section 11(1 )(f)(ii) of the Human Rights and Equal Opportunity Commission Act1986 ( Cth), I attach a report of my inquiry into a complaint by Mr Daniel Clark. I have found that the act or practice of the Minister for Foreign Affairs and Trade complained of the Minister for Foreign Affairs is inconsistent with or contrary to the human right of freedom of expression as provided for in article 19 of the International Covenant on Civil and Political Rights -
14 December 2012Book page
Native Title Report 2008 - Chapter 2
In my Native Title Report 2007, I reported on the changes that were made to the native title system during that year. The changes, which were made through two pieces of legislation which amended the Native Title Act, primarily affected: -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 3
This chapter explains how the provisions of international human rights treaties protect same-sex couples and their children, in the context of accessing financial and work-related entitlements. In particular, this chapter focuses on the right to non-discrimination on the grounds of sexual orientation. It also describes how the breach of that right can interfere with a range of other basic human rights, for example, the right to social security. The chapter also explains how discrimination against parents on the grounds of sexual orientation can impact on the rights of their children. -
Disability Rights14 December 2012Webpage
Discussion Paper: Assistance Animals, the Disability Discrimination Act and health and hygiene regulations
The Human Rights and Equal Opportunity Commission has received a number of requests for clarification of the relationship between the Disability Discrimination Act ("DDA") and laws which restrict access by animals to certain places in the interests of health and hygiene. -
Legal14 December 2012Webpage
Discussion Paper "Australia's Children: Safe and Well - A National Framework for Protecting Australia's Children"
“If the measures were targeted solely to parents or families in need of assistance to prevent neglect or abuse of children, as they are in s123UC of the legislation, then some form of income management may be capable of being seen as an appropriate exercise of the governments ‘margin of discretion’ to ensure that families benefit from welfare and receive the minimum essentials for survival.”[13] -
Legal14 December 2012Webpage
Commission Submission - Maslauskas v Qld Nursing
If the legislature had intended s 19 to be limited in its operation to the circumstances set out in subsection (6) then the subsection would have provided as follows: ‘Section 19 only has effect in relation to…’. The Commissioner submits that the legislature has specifically chosen not to use the word ‘only’ in subsection (6) because they did not intend s 19 to be limited in its application to the circumstances set out in that subsection. -
14 December 2012Book page
HREOC - Annual Report 2001 - 2002: Chapter 1: The Commission
The Commission is a national independent statutory body established under the Human Rights and Equal Opportunity Commission Act 1986. It has a President and five Commissioners. The five positions are currently held by three persons. -
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. -
Disability Rights14 December 2012Speech
Is there a slow lane on the information superhighway?
The title I have taken for these remarks is "Is there a slow lane on the information superhighway". I fear that by now there may already be something dated or quaint in using the term "information superhighway". I am going to use it anyway, and perhaps make matters of style worse by adding reference to a slow lane, because I think a few important issues are suggested by this title. -
14 December 2012Book page
Chapter 4 - Introduction: Social Justice Report 2009
Homelands still belong to the people, we want to build homes on our land and live there. When we come to the homeland we come back to the peace and quiet. ... It is a much better environment on the homelands, better things for the children.[1] -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 3: The Racial Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the subsequent SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination ('ICERD').1 -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The Equal Opportunity Commission of Victoria (the Commission) commends the enquiry by the Human Rights and Equal Opportunity Commission into the circumstances of children in immigration detention and the longer-term effects of detention on children who have entered the Australian community. This submission considers the post-detention experience and treatment of children and young adults released into the community as recognised refugees, with particular reference to,