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Legal14 December 2012Webpage
Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012 (2012)
The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Committees in the Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
The Informa 3rd Annual Negotiating Native Title Forum (2009)
I begin today by paying my respects to the Wurundjeri peoples, the traditional owners of the land where we gather today. I pay my respects to your elders, to the ancestors and to those who have come before us. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Kristina Barnett - Diversity Directions Inc. Diana Collett - Child & Youth Health and South Australians for Justice for Refugees Tina Dolgopol - President of Action for Children Inc Julie Redman - Chair of the Children and the Law Committee, Law Society of South Australia Rosemary Steen - Chair of the Coalition, Children and the Law Committee, Law Society of South Australia Carey Trundle - Children and the Law Committee, Law Society of South Australia -
14 December 2012Book page
12. Education for Children in Immigration Detention
Just send my children to school, and let them be in freedom. They should live in a human good atmosphere, they should learn something good, and not the things they are learning here.(1) -
14 December 2012Book page
Native Title Report 2009: Chapter 2
Despite the High Court’s landmark decision, Australian courts, governments and non-Indigenous people have struggled to accept fully the rights of Indigenous peoples to their lands, waters and territories. In successive court decisions, our cultures have been viewed through a non-Indigenous lens, with our rights separated and eliminated one by one. -
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
National Inquiry into Children in Immigration Detention
The current submission recognises the need to move beyond mere critique of the status quo and focus resources on the development of viable alternatives. To be feasible any such model must satisfy the legitimate concerns of the government while upholding the fundamental right of freedom of movement. -
Legal14 December 2012Webpage
Submission to the Senate Legal and Constitutional Legislation Committee
A similar but not identical Bill was put before the Federal Parliament in April 1998, a week after the commencement of my Presidency. The Commission opposed many of that Bill's provisions and continues to oppose those provisions that exist in the current Bill as well as new ones. -
Disability Rights14 December 2012Speech
World Mental Health Day Address
Thank you for the opportunity to speak here today, World Mental Health Day. I am very pleased that World Mental Health Day this year is dedicated to the theme Human Rights and Mental Health. This theme recognises that mental health issues are human rights issues - a view argued strongly and consistently by our Human Rights Commission for many years. -
Legal14 December 2012Speech
Dignity, Fairness and Good Government: The Role of a Human Rights Act - Lord Bingham
It would clearly test to destruction the tolerance of the ordinary red-blooded Australian to have a Pom getting off the plane from London and telling them how to run their country. So I shall not presume to say how the current human rights debate in this country should be resolved. But perhaps I may contribute some thoughts, prompted by our own experience in the United Kingdom, acknowledging as I do so that the Australian context, while in some ways similar, is in others significantly different. -
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. -
Commission – General14 December 2012Speech
The Death Penalty - a matter of principle
It is almost 40 years since the last man was hanged in Australia. Today, the death penalty has been abolished in every Australian jurisdiction. Opposition to the death penalty attracts bi-partisan political support. Yet in a region where many of our closest neighbours still maintain the death penalty, I believe Australia can - and should - take a stronger stand against state sanctioned execution. -
14 December 2012Book page
Native Title Report 2002: Extinguishment of Native Title
The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds to the specific issues raised by the recognition of native title, a proprietary interest which is inherent to a particular racial group. -
Rights and Freedoms14 March 2024Speech
The Perils of Independence
The Australian Human Rights Commission’s role in protecting human rights in Australia Sir Ronald Wilson Lecture 2021 Emeritus Professor Rosalind Croucher AM President, Australian Human Rights Commission Acknowledgements Thank you Matthew McGuire for your welcome to country and Kendra Turner as MC. I am speaking from the traditional lands of the Gadigal people of the Eora nation, in the city of ... -
14 December 2012Book page
Social Justice Report 2001: Chapter 4: Laws mandating minimum terms of imprisonment (‘mandatory sentencing’) and Indigenous people
On 13 April 2000, the Senate requested the Human Rights and Equal Opportunity Commission to inquire into all aspects of the agreement between the Northern Territory Government and the Commonwealth regarding the Territory’s mandatory sentencing regime; the consistency of mandatory sentencing regimes with Australia’s international human rights obligations; and Western Australia’s mandatory sentencing regime.[1] -
14 December 2012Book page
2008 Face the Facts - Chapter 2
In 2007-08, the number of new migrants who settled permanently in Australia was 205 940.[78] The Department of Immigration and Citizenship (DIAC) and the Australian Bureau of Statistics (ABS) defines ‘settled permanently’ as: -
14 December 2012Book page
Chapter 2: Constitutional reform: Creating a nation for all of us - Social Justice Report 2010
A century ago, the Australian people engaged in a debate about creating a nation. They held meetings...They wrote articles and letters in newspapers. Many views were canvassed and voices were heard. The separate colonies, having divided up the land between them, discussed ways of sharing powers in order to achieve a vision of a united Australia. The result was the Australian Constitution, establishing the Commonwealth of Australia in 1901. -
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
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. -
Legal14 December 2012Webpage
Submission: Commission intervener
1.1 On 8 February 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.92 of the Family Law Act 1975 (Cth) ("Family Law Act").