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14 December 2012Book page
Native Title Report 2002: Discrimination and native title
The resolution of the debate as to whether the extinguishment of native title by the common law and the Native Title Act 1993 (Cwlth) (‘NTA’) is racially discriminatory, depends upon the interpretation given to its two essential components: extinguishment and discrimination. The interpretation that the High Court has given to the extinguishment provisions of the NTA and its relationship with the common law was the subject of the chapter 2. It is to the second of these components, the meaning of discrimination as it applies to the extinguishment of native title, that I now turn. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechCitizens Inside: Dr W Jonas AM (2000)
This morning about 20,000 Australians woke up in a prison cell. What will their day bring? Most of you know far more about that than I do and that is precisely why we have called upon your expertise for today's workshop. -
Commission – General
14 December 2012SpeechPresident speeches: Human Rights in Australia
Thank you for inviting me here today to speak about human rights in Australia. I would like to use this opportunity to focus on how human rights are protected in Australia; and how you, as human rights educators, can help students to understand these protections. I will also seek to shed some light on the role of the Human Rights and Equal Opportunity Commission and some of our responses to some current human rights issues. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 13
Superannuation is one of the main ways of saving for retirement. It is designed to provide financial security for individuals and their families in retirement; or when a person dies unexpectedly. -
Legal
14 December 2012WebpageInquiry into the administration and operation of the Migration Act 1958
Thank you for inviting the Commission to make a submission to the Senate Legal and Constitutional References Committee's Inquiry into the administration and operation of the Migration Act 1958 (Cth) ('Migration Act'). -
Legal
14 December 2012Webpage
Commission submissions: Khafaji
The Commonwealth relies upon Australia's response to the UNHRC's decision in A v Australia.(34) Nothing flows from that response. The UNHRC hears individual complaints of violations of the ICCPR (called "communications") under the First Optional Protocol to the ICCPR. (35) Australia is a party to the First Optional Protocol. (36) The decisions or "views" of the UNHRC regarding those communications do not constitute legally binding decisions in international law. (37) However, as the UNHRC has noted: -
Legal
14 December 2012Webpage
Inquiry into Australia’s agreement with Malaysia in relation to asylum seekers
Recommendation 1: Asylum seekers should not be transferred from Australia to Malaysia under the Arrangement between the Government of Australia and the Government of Malaysia on Transfer and Resettlement. -
Legal
14 December 2012Webpage
Shared Parental Responsibility
The Human Rights and Equal Opportunity Commission (HREOC) is pleased to make a submission in relation to the provisions of the Family Law Amendment (Shared Parental Responsibility) Bill 2005 and submits this document pursuant to its legislative functions under section 48(1) of the Sex Discrimination Act 1984 (the Sex Discrimination Act) and sections 11(1) and 31 of the Human Rights and Equal Opportunity Commission Act 1986 (HREOCA). -
Aboriginal and Torres Strait Islander Social Justice
10 April 2013Publication
Draft guidelines: Ensuring income management measures compliancy
The Commission has issued these draft guidelines to provide practical assistance to Parliament and the Government in designing and implementing income management measures that protect human rights and are consistent with the RDA. They are also intended to increase awareness among affected communities about the application of the RDA to income management regimes. -
Asylum Seekers and Refugees
10 April 2013PublicationHuman 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. -
Legal
14 December 2012Webpage
Consideration of Australia’s ratification of the Optional Protocol to the Convention against Torture
The Australian Human Rights Commission makes this submission to the Joint Standing Committee on Treaties (JSCOT) in its consideration of Australia’s ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). -
14 December 2012Book page
Bystander Approaches to Sexual Harassment in the Workplace
Sexual harassment in the workplace is a persistent and pervasive problem in Australia and elsewhere, demanding new and creative responses.[1] One significant area that may inform prevention and response strategies is the area of ‘bystander approaches’. In examining the potential for bystander approaches to prevent and respond to workplace sexual harassment, this paper draws upon a range of theoretical and empirical research. -
Commission – General
14 December 2012Webpage
Violence, Harassment and Bullying and Homelessness
Violence, harassment and bullying can be both a cause and consequence of homelessness. This means that a person may become homeless as a result of family violence and/or be exposed to violence, harassment and bullying because they are homeless. Violence, harassment and bullying are unacceptable in any context and violate a range of human rights. -
Legal
14 December 2012Webpage
Submission to the Joint Standing Committee on Treaties
1. This submission is made by the Human Rights and Equal Opportunity Commission (the "Commission") in response to the terms of reference issued by the Joint Standing Committee on Treaties inquiry into the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment ("Optional Protocol").[1] -
Legal
14 December 2012Webpage
Commission submissions: Sakhi
1. The Human Rights and Equal Opportunity Commission (“the Commission”) seeks the leave of the Court to intervene to make submissions in this case. -
14 December 2012Book page
Native Title Report 2008 - Chapter 7
Over the millennia, Indigenous peoples have developed a close and unique connection with the lands and environments in which they live. They have established distinct systems of knowledge, innovation and practices relating to the uses and management of biological diversity on these lands and environments. -
Legal
27 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 ... -
14 December 2012Book page
It's About Time - Chapter 3
3.1 Introduction 3.2 Australia's human rights obligations for workers with family and carer responsibilities 3.3 Limitations of federal discrimination law 3.4 The need for law reform 3.5 Conclusion -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 8: Deprivation of Liberty and Humane Detention
In accordance with the general principle stated at Guideline 2 and the UNHCR [1] Guidelines on Refugee Children, minors who are asylum seekers should not be detained… -
14 December 2012Book page
10. Physical Health of Children in Immigration Detention
The human right to health is not simply the right to health care. It is also a right to the underlying determinants of health, including food and nutrition, housing, access to safe drinking water and adequate sanitation, and a healthy environment.