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Commission – General
27 July 2023SpeechA new national human rights framework for Australia
<p><strong>Emeritus Professor Rosalind Croucher AM FAAL FRSA FACLM(Hon) delivered this speech at The Annual Castan Centre for Human Rights Law Conference on 21 July 2023.&nbsp;</strong></p> -
Rights and Freedoms
9 August 2019SpeechHuman Rights are not a foreign language
<h2>Human Rights are not a foreign language—reflections on the 70th anniversary of the Universal Declaration of Human Rights</h2><p>Emeritus Professor Rosalind Croucher AM&nbsp;<br>President, Australian Human Rights Commission<a href="#fn1"><sup>[∗]</sup></a>&nbsp;<br>University of Adelaide Faculty of Law&nbsp;<br>Tuesday 4 September 2018</p> -
Rights and Freedoms
5 November 2020Speech
Do we have the necessary legal grammar to talk human rights?
<h2>We’re all talking human rights—but do we have the necessary legal grammar for them?</h2><p>Emeritus Professor Rosalind Croucher AM</p><h3>Acknowledgement</h3><p>Chief Justice, Justices, Masters and Registrars, good morning.</p><p>Thank you to Justice Paul Tottle for the invitation to speak with you today.</p><p>I’m sorry I can’t be with you in 3D, but WA once again has distanced itself from the rest of Australia in closing borders to people like me from the east coast.</p> -
Commission – General
12 March 2024Speech
A Revitalised National Human Rights Framework for Australia
<h2>Marking the 75th anniversary of the Universal Declaration of Human Rights</h2><h3>Fraser Oration</h3><p><strong>Emeritus Professor Rosalind Croucher AM FAAL FRSA FACLM(Hon)</strong></p> -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Staff in the Social Policy and Advocacy Research Centre, and the Youth Studies Flagship at the Australian Catholic University welcome the Human Rights and Equal Opportunity Commission's initiative in establishing an inquiry into children in Australia's immigration detention centres. -
Rights and Freedoms
13 March 2024Speech
The Commission’s model for a Human Rights Act for Australia
<h2>The Australian Human Rights Commission’s model for a Human Rights Act for Australia</h2><h3>Macquarie University Law School and MULS&nbsp;</h3><p><strong>Emeritus Professor Rosalind Croucher AM FAAL FRSA FACLM(Hon) FRSN&nbsp;</strong></p><p>[<em>Check against delivery</em>]&nbsp;</p><h3>Introduction</h3><p>Let me begin by acknowledging the traditional custodians of the land on which we meet, on the Wattamattagal Campus of Macquarie University, and pay my respect to Elders, past, present and emerging, and also to acknowledge any Indigenous guests attending today.&nbsp;&nbsp;</p> -
14 December 2012Book page
11. Children with Disabilities in Immigration Detention
One of the underlying goals of international and Australian laws relating to children with disabilities is to provide the highest possible level of support and assistance in the least restrictive way. Laws, policies and programs should be designed to ensure that children with disabilities have the opportunity to participate, to the maximum extent possible, in all aspects of the general community. -
14 December 2012Book page
A Time to Value - Part C
The interim paper, Valuing Parenthood: Options for paid maternity leave set out an extensive range of objectives that paid maternity leave could meet. [242] Many of these objectives were dependent on the structure of the scheme that was implemented. -
14 December 2012Book page
6. Australia's Immigration Detention Policy and Practice
Australian law requires the detention of all non-citizens who are in Australia without a valid visa (unlawful non-citizens). This means that immigration officials have no choice but to detain persons who arrive without a visa (unauthorised arrivals), or persons who arrive with a visa and subsequently become unlawful because their visa has expired or been cancelled (authorised arrivals). Australian law makes no distinction between the detention of adults and children. -
14 December 2012Book page
A last resort? - Summary Guide: Unaccompanied children in detention
The Convention on the Rights of the Child states that unaccompanied children - particularly those seeking asylum - need special protection and assistance. Where unaccompanied children have a legal guardian, their best interests must be the guardian's 'basic concern'. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Letter to Mr Philip Ruddock MP 31/01/2002 Letter to Mr Philip Ruddock MP 22/02/2002 Letter to Mr Philip Ruddock MP 21/03/2002 Letter to Mr Philip Ruddock MP 03/04/2002 Letter to Mr Philip Ruddock MP 29/04/2002 Letter to Mr Philip Ruddock MP 06/05/2002 Letter to Mr Philip Ruddock MP 09/06/2002 -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
We must face up to our humanitarian responsibilities to accept refugee children and their families. We must take them out of the immigration detention centres and welcome them into the community where they can play, learn and grow. At least then when our children look back on this time and ask us what we did to stand up for refugee kids, we can say we gave them their childhood." (Calvert, 2001). -
14 December 2012Book page
9. Mental Health of Children in Immigration Detention
This chapter addresses the impact of the detention environment on the mental health of children and the measures taken to address their mental health needs. Consistent with the breadth of protection given to the welfare of children under the Convention on the Rights of the Child (CRC), the Inquiry uses the term mental health to describe the psychological well-being of children as well as diagnosed psychiatric illness. -
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. -
14 December 2012Book page
7. Refugee Status Determination for Children in Immigration Detention
The United Nations High Commissioner for Refugees (UNHCR) estimates that around half of the 50 million displaced persons in the world are children. Around 10 million of these children are under the care of UNHCR. Approximately 100,000 separated children roam Western Europe.(1) During 1999 alone, more than 20,000 separated children applied for asylum in Western Europe, North America or Australia.(2) Of those 20,000 unaccompanied children, 46 travelled to Australia to seek asylum. In the same year a further 202 children sought asylum in Australia with their families.(3) -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechSite navigation
Thank you for attending this press conference to discuss the release of the Social Justice Report and Native Title Report for 2002. As you would be aware, these reports are the annual report card on the government's performance on Indigenous issues and native title. -
Legal
14 December 2012WebpageCatholic Education Office - Application for Exemption
By this instrument, the Human Rights and Equal Opportunity Commission (the "Commission") declines to grant to the Catholic Education Office, Archdiocese of Sydney (the "CEO") a temporary exemption pursuant to section 44(1) of the Sex Discrimination Act (Cth) 1984 (the "Act"), in relation to the operation of sections 21(2)(a) and 22(1) of the Act. -
14 December 2012Book page
A Last Resort? - Summary Guide (2004)
It was established to consider whether Australia's immigration detention laws and its treatment of children in immigration detention comply with the United Nations Convention on the Rights of the Child. -
14 December 2012Book page
16. Temporary Protection Visas for Children Released from Immigration Detention
The immigration status that results in the detention of children under Australian law also affects their entitlements to various services on release from detention, after they have been recognised as refugees. As discussed in Chapter 6 on Australia's Detention Policy, most children detained in immigration detention facilities for long periods are detained because they arrive in Australia without a visa (unauthorised arrivals). More than 90 per cent of those children are subsequently found to be refugees and are therefore released on temporary protection visas (TPVs). -
14 December 2012Book page
17. Major Findings and Recommendations of the Inquiry
In addition to the detailed findings in each of Chapters 5-16, the Inquiry has made the following major findings in relation to Australia's mandatory immigration detention system as it applied to children who arrived in Australia without a visa (unauthorised arrivals) over the period 1999-2002.