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An earlier version of this article was published in the NSW Law Society Journal in March 2008. The article has now been updated to include the decision of the Full Federal Court.

As discussed in Chapter 1, Australia’s international human rights obligations require that individuals who say that they are children be given the benefit of the doubt and treated as minors unless there is proof to the contrary. In the case of unaccompanied children, this should lead to consideration by the State of what steps need to be taken to ensure their special protection and care.

This chapter focuses on discrimination against same-sex couples and their families in the context of access to the Medicare and Pharmaceutical Benefits Scheme (PBS) Safety Nets.

The current mandatory detention policy of the Commonwealth of Australia breaches the fundamental principle of the rights of the child which is that children should be able to develop to their full potential. The policy breaches every article of the Convention on the Rights of the Child. The policy violates the right to health as established by international law.

Part D of the paper focuses on how a paid maternity leave scheme would actually operate were it to be introduced in Australia. The emphasis, as in the rest of the paper, is on the feedback that HREOC has received through submissions and consultations. Each Chapter canvases the views that were expressed in relation to each component of a national paid maternity leave scheme.

We are deeply dissatisfied with the performance to date by various government agencies... there does not appear to be any process beyond monitoring to ensure that effective implementation takes place...

The Commission received 1937 submissions during the Freedom of Religion and Belief in the 21st century project submission period (17 September 2008 to 28 February 2009). An additional 95 submissions were received after the formal deadline.

All Australians are equally entitled to enjoy the rights, benefits and responsibilities of citizenship. In our society, every person should feel free from discrimination of any kind and have the right to share in the nation's land, resources and wealth. The entitlements and freedoms of all people are recognised in human rights instruments, many of which have been freely signed and ratified by Australia, and in some instances are now a part of Australian law.

Family violence and abuse occurs at unacceptable rates in Aboriginal and Torres Strait Islander (Indigenous) communities. We have heard many tragic stories of women, children and young people who have experienced devastating sexual abuse and family violence. It is a scourge that is causing damage and trauma among Indigenous communities, to our women and children, and to the fabric of Indigenous cultures.