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Human rights principles require that Indigenous people's relationships to land, based on traditional laws and customs, be given legal recognition and protection. International legal principles also recognise that Indigenous peoples have economic, social and cultural human rights. Native title, as it is constructed through the Australian legal system, has a limited capacity to meet these human rights standards.

Our vision Human rights: everyone, everywhere, everyday Our role The role of the Australian Human Rights Commission (the Commission) is to see that human rights and fundamental freedoms are understood and respected in law, policy and practice. The Commission is independent from government, with a legislative mandate, and recognised internationally as an ‘A status’ national human rights institution ...

State, Territory and Commonwealth native title policies (1) direct the way in which governments conduct negotiations with native title claimant groups and the scope and content of the agreements they make as a result of these negotiations. Such policies may influence whether negotiations will be confined to native title rights and interests as they are legally defined, or whether they address the broader economic and social development needs of the claimant group.

3.1 Introduction 3.2 Disability Discrimination Act 1992 3.2.1 Introduction 3.2.2 DDA Definitions 3.2.3 DDA Complaints 3.2.4 Intervention in Court Proceedings 3.2.5 DDA Disability Standards 3.2.6 Granting by HREOC of Temporary Exemptions 3.2.7 Action Plans 3.2.8 Conduct of Inquiries by HREOC 3.2.9 Advisory Notes and Guidelines 3.3 Telecommunications Act 1997 3.4 Telecommunications (Consumer Protection and Service Standards) Act 1999 3.5 Industry Regulation 3.5.1 Australian Communications Authority 3.5.2 Australian Communications Industry Forum 3.5.3 Telecommunications Industry Ombudsman Scheme

An entrenched pattern of disadvantage and dispossession continues to wreak havoc and destruction in Indigenous families and communities. This situation has been described in the preceding chapters of this Part. State and Territory legislation, policy and practice in the areas of child welfare, care and protection, adoption and juvenile justice do not comply with the evaluation criteria established by the Inquiry (see Chapter 15).

In the past 12 months the High Court has handed down several significant decisions which clarified the principles upon which the recognition and extinguishment of native title are determined. These principles are set out and discussed in the first three chapters of this report. In clarifying these principles, some of the Judges of the High Court have been mindful of their effect on Indigenous people.