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Asylum Seekers and Refugees19 June 2013Speech
Australian Government’s third country processing regime & human rights
Explore a speech delivered by the former President of the Human Rights Commission, Professor Gillian Triggs, to the Refugee Advice and Casework Service. -
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: -
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. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
International and Australian evidence demonstrates the long-term effects of early life experience on health and well being throughout life. The detention of children and young people is poses significant risks to normal development. The exposure of infants and young children to stress either directly or mediated through the experiences of their parents reduces the likelihood of normal brain development. -
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 -
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 -
Disability Rights14 December 2012Speech
Foresight not oversight
On behalf of the Commission I'm very pleased to receive the C & W Optus Disability Discrimination Action Plan. It's a great way to celebrate this International Day of People with Disabilities. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission provides information relevant to the treatment of children in detention for the Human Rights and Equal Opportunity Commission's national inquiry into the situation of children in immigration detention. -
14 December 2012Book page
International Review of Indigenous issues in 2000: Australia -- 6. Indigenous children as victims of racism
In the period 1910 to 1970 between 1 in 3 and 1 in 10 Indigenous children were forcibly removed from their families. The effects of such removal were, for most victims, negative, multiple and profoundly disabling. The policies and practices underlying the removal of Aboriginal children from their families were discriminatory and genocidal in intent. Further, the treatment of many removed children after their removal involved breaches of fiduciary duty and duty of care, as well as criminal actions. -
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 -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - Webb v Child Support Agency
(1)It is unlawful for a person to discriminate against another person on the ground of the other person’s disability or a disability of any of that other person’s associates: -
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. -
Legal14 December 2012Webpage
Commission Submission - Vijayakumar v Qantas
"unlawful discrimination" means any acts, omissions or practices that are unlawful under…[p]art 2 of the Disability Discrimination Act 1992 …and includes any conduct that is an offence under… Division 4 of Part 2 of the Disability Discrimination Act 1992… -
Legal14 December 2012Webpage
Commission submission - NAAV
1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need for an effective remedy is a need of non-citizens affected by decisions made under the Migration Act 1958 (Cth) ("the Act"). -
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. -
Legal14 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: -
Commission – General14 December 2012Speech
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The theme of this Conference - Human Rights and Equality for Women in the 21st Century - is rich fare for any time of the day. It calls for speculation about the future and assessment of the past; it invites fresh perspectives and challenges the imagination; it asks for re-examination of motives and goals. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Australia is a signatory to a number of International Conventions, which are relevant to mandatory detention of children in Australia’s immigration detention centres. Under International law, each of the conventions that Australia has ratified is binding on the Australian state, which is obliged to bring its domestic laws into conformity with their stipulations. In Australia, International Conventions do not have legal force in domestic law, and cannot be directly applied by the domestic courts in Australia, unless the Australian Parliament enacts them into legislation. -
Legal2 August 2017Submission
Australian Citizenship Legislation (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017
The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Legislation Committee’s inquiry into the Australian Citizenship Legislation (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 (Cth) introduced by the Australian Government. -
Rights and Freedoms9 August 2019Speech
Human Rights are not a foreign language
Human Rights are not a foreign language—reflections on the 70th anniversary of the Universal Declaration of Human Rights Emeritus Professor Rosalind Croucher AM President, Australian Human Rights Commission [∗] University of Adelaide Faculty of Law Tuesday 4 September 2018 Acknowledgement I would like to begin my presentation by acknowledging the traditional custodians of this land, and to pay my ...