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Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
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The title of this session on the conference program is 'The history of human rights in Australian law'. I have chosen to slightly change the topic for a number of reasons. The main reason is because Indigenous peoples' struggle for recognition of their human rights remains to a large extent unfulfilled. Consequently, it is not, and has never been, well reflected in Australian law. Second, because human rights continue to be poorly and rather patchily implemented in our legal system. -
Rights and Freedoms4 September 2015Speech
Austin Asche Oration in Law and Governance
Austin Asche Oration in Law and Governance Thursday 3 September 2015 I am honoured to have been invited to speak tonight at this, the 5 th Austin Asche Oration in Law and Governance. As I had not met or known the Hon. Austin Asche. As any researcher would do, I ‘googled’ him to learn about his distinguished legal career. He was appointed Chief Justice of the Northern Territory in 1987 and was ... -
Commission – General14 December 2012Speech
ADR: an essential tool for human rights
I would like to begin by acknowledging the Elders and Traditional Owners of Darwin, the Larrakia People, and to thank them for the opportunity to visit this beautiful part of the country. After that very heartfelt welcome to country, I feel very privileged to be here this morning. -
Sex Discrimination14 December 2012Speech
Speeches on Sex Discrimination Issues
Speeches on Sex Discrimination Issues Click here to visit the Sex Discrimination section [ Year: 2012 : 2011 : 2010 : 2009 : 2008 : 2007 : 2006 : 2005 : 2004 : 2002 : 2001 : 2000 : 1998 : 1997 : 1996 ] 2012 Working without fear Elizabeth Broderick, Sex Discrimination Commissioner, Australian Human Rights Commission, Sydney, 30 October, 2012 Thinking outside the (family home) box: domestic violence ... -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
Social Justice Report 2009 and the Native Title Report 2009 Launch
Good morning, I would like to begin by paying my respects to the Gadigal peoples of the Eora nation, the traditional owners of the land where we gather today. I pay my respects to your elders past and present. And thank you, Allen Madden, for your generous and warm welcome to country for all of us here at Redfern today. -
Legal14 December 2012Webpage
Submission to the Law Reform Commission
"Not every disturbance or catastrophe qualifies as a public emergency which threatens the life of the nation, as required by article 4, paragraph 1. The Covenant requires that even during an armed conflict measures derogating from the Covenant are allowed only if and to the extent that the situation constitutes a threat to the life of the nation. If States parties consider invoking article 4 in other situations than an armed conflict, they should carefully consider the justification and why such a measure is necessary and legitimate in the circumstances. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
The National Inquiry into Children in Immigration Detention refers to the adequacy and appropriateness of Australia’s treatment of child asylum seekers and other children who are, or have been, held in immigration detention, including: -
14 December 2012Book page
Ending family violence and abuse in Aboriginal and Torres Strait Islander communities – Key issues (2006)
Family violence and abuse is causing untold damage to the cultures and fabric of Indigenous societies. It is damaging our communities, our families, our women, our children and our men. All Indigenous people are entitled to live their lives in safety and full human dignity - without fear of intimidation, family violence or abuse. This is their cultural and their human right. Like all Australians, Indigenous peoples are also entitled to the full and equal protection of the law. -
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 ... -
Legal14 December 2012Webpage
Submission: Anti-Terrorism Bill (No 2) 2005
Recommendation 1: The Bill should be amended to include additional sub-clauses (in s105.4(4) and (6)), which require the issuing authority to be satisfied that the purpose for which the order is made cannot be achieved by a less restrictive means. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
Speeches 2007: 40 years on: what does the ‘Yes’ vote mean for Indigenous Australians?
Anglicare, Tasmania Annual Social Justice Lecture 22 August, 2007 TOM CALMA Aboriginal and Torres Strait Islander Social Justice Commissioner National Race Discrimination Commissioner Human Rights and Equal Opportunity Commission -
Legal14 December 2012Webpage
Madrid - Expert Seminar on Indigenous Peoples - Specific issues relating to the administration of justice – Indigenous women; public order laws; mandatory sentencing schemes; and best practice for diversion of Indigenous juveniles.
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission (HREOC) of Australia. It addresses the following issues: -
Disability Rights14 December 2012Webpage
Disability Discrimination Bill 1992: Explanatory memorandum
Part 1: Preliminary Clause 1 - Short Title Clause 2 - Commencement Clause 3- Objects Clause 4 -Interpretation Clause 5 - Disability discrimination Clause 6 - Indirect disability discrimination Clause 7 - Disability discrimination palliative and therapeutic devices and auxiliary aids Clause 8 - Disability discrimination interpreters. readers and assistants Clause 9 - Disability discrimination - guide dogs. -
14 December 2012Book page
Valuing Parenthood - Part D
10.1 Introduction 10.2 Payment to women versus payment to both men and women 10.3 Payment to natural parents versus payment to both natural and adoptive parents 10.4 Payment to all women versus payment to women in employment -
14 December 2012Book page
Social Justice Report 2001: Chapter 3: Indigenous governance and community capacity-building
Last year’s Social Justice Report noted that to date there has been insufficient attention by governments to processes which ensure greater Indigenous participation and control over service design and delivery as part of an overall strategy to redress Indigenous disadvantage and economic marginalisation. I observed that: -
14 December 2012Book page
Track the History - Us Taken-Away Kids: commemorating the 10th anniversary of the 'Bringing them home' report
This timeline focuses on one particular aspect of the history of Aboriginal and Torres Strait Islander peoples - the forcible removal of Indigenous children from their families. This material identifies some significant laws and practices that made removal lawful and includes writing and artwork from members of the Stolen Generations and their families which illustrate their experiences of these policies. This section uses as its primary resource Bringing them home, the report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families. -
14 December 2012Book page
Native Title Report 2011: Chapter 2: Lateral violence in native title: our relationships over lands, territories and resources
A key priority throughout my five year term as Social Justice Commissioner is to strengthen and rebuild relationships within our Aboriginal and Torres Strait Islander communities. -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 3 - The Race Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the 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. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 12
The issue of divorce never arises for same-sex couples, since they cannot legally marry. However, a same-sex couple, like an opposite-sex de facto couple, may need the assistance of a court to resolve property and child-related issues if their relationship breaks down. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Michael Dudley Conjoint Senior Lecturer, School of Psychiatry, University of New South Wales and Sydney Children's Hospital, and Chair, Suicide Prevention Australia