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Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechAboriginal and Torres Strait Islander People and Citizenship
It is the intention of this paper to explore the concept of citizenship, and some associated ideas in order to present a perspective on the relevance of citizenship to Aboriginal and Torres Strait Islander people. I will seek to examine some key principles in relation to citizenship which must be established in order to ensure full and just respect for the rights and aspirations of Aboriginal and Torres Strait Islander peoples. -
Legal
14 December 2012WebpageFederal Discrimination Law: Chapter 3 - The Race Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the 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. -
14 December 2012Book page
Chapter 3: A human rights-based approach to lateral violence - Social Justice Report 2011
When we look at the many issues that face Aboriginal and Torres Strait Islander communities, it is easy to get paralysed by their complexity, entrenched nature and the sheer size of the challenge. But as an optimist, I believe that there is a lot that we can do to address these problems. There are many different tools available to suit the varying circumstances that face our diverse communities. Lateral violence is no different. -
Legal
14 December 2012Webpage
Australia’s compliance with the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
A. Introduction B. The ratification of OPCAT. C. A new torture offence D. Treatment in Immigration Detention E. A system of complementary protection F. Mechanisms to check diplomatic assurances are honoured G. Engagement with the UN Treaty Body process -
Legal
14 December 2012Webpage
Information concerning Australia and the Convention on the Rights of the Child
Recommendation 1: The Commission recommends that the Australian Government fully incorporate into Australian law its human rights obligations to children, including through the adoption of a federal Human Rights Act. -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 6 - Practice and Procedure
The procedure for making complaints of federal unlawful discrimination is set out in Part IIB of the HREOC Act.[1] That procedure can be summarised as follows. -
Rights and Freedoms
19 August 2016SpeechTony Blackshield Lecture
<h2><strong>HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS</strong></h2> <p><span style="font-size: 13.008px; line-height: 1.538em;">It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law.&nbsp; He is a constitutional law scholar of the highest order and one of the most influential figures in Australian legal education over the last 50 years.</span></p> -
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. -
Disability Rights
14 December 2012SpeechPROMOTING THE RIGHTS OF PEOPLE WITH DISABILITIES: TOWARDS A NEW UN CONVENTION
Dr Sev Ozdowski OAM Human Rights Commissioner and Disability Discrimination Commissioner Human Rights & Equal Opportunity Commission, Sydney, Australia -
Sex Discrimination
14 December 2012SpeechPeeling the inequality onion
This paper considers national and international legislative and other provisions regarding equality for women in the labour market. Australia ranks second to Sweden in terms of pay equity. It is argued that over the last two decades of global shifts to labour market decentralism and deregulation, Australian women have fared relatively well. Three fundamental reasons stand out: -
Legal
14 December 2012Webpage
Northern Territory Emergency Response Review Board
The government has an obligation to take action to address violence and abuse, particularly where there is evidence that is it widespread. Governments that fail to do so are in breach of their obligations under the Convention on the Rights of the Child (CRoC), the International Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). -
Rights and Freedoms
26 September 2016Speech
Human rights and the overreach of executive discretion: citizenship, asylum seekers and whistleblowers
<p>&nbsp;</p> <p>&nbsp;</p> <p><strong>HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS</strong></p> <p>GILLIAN TRIGGS<sup><a href="#fn1" name="fnB1">[*]</a></sup></p> <p>(Annual Tony Blackshield Lecture delivered at Macquarie Law School,<br>Macquarie University, 5 November 2015)</p> <hr> <p>&nbsp;</p> -
14 December 2012Book page
HREOC Annual Report 2003-2004 : Chapter 8: Human Rights
There is some evidence to suggest that within the Australian community, the idea that it is unacceptable for a government to maintain an immigration detention regime which provides for the long-term incarceration of children behind razor wire, is finally the prevailing view. The actions of the government in relaxing their hard line stance on immigration detention, as far as children are concerned, are possibly the most conclusive proof of this statement. -
Commission – General
14 December 2012SpeechPresident speeches: The influence of human rights on judicial decision-making
May I acknowledge the Gadigal people of the Eora nation, the traditional owners of the land upon which we meet, and pay my respect to their elders past and present. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 8: Deprivation of Liberty and Humane Detention
In accordance with the general principle stated at Guideline 2 and the UNHCR [1] Guidelines on Refugee Children, minors who are asylum seekers should not be detained… -
14 December 2012Book page
It's About Time - Chapter 6
6.1 Introduction 6.2 Developing principles for a carer-friendly welfare system 6.3 Current government assistance for families 6.4 Support for all types of families and care needs 6.5 Supporting parents and other carers to work and care 6.6 The need for a consistent and integrated system 6.7 The interaction of taxation and welfare systems 6.8 Fairness in the taxation system for all family types and all caring responsibilities 6.9 Lower effective marginal taxation rates 6.10 Fringe Benefit Tax and tax deductibility of child care 6.11 Linking superannuation to care 6.12 Conclusion -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
On my right is Professor Trang Thomas, Professor of Psychology at the Royal Melbourne Institute of Technology and on my left Mrs Robin Sullivan, who is also the Queensland Children's Commissioner. Before the hearing commences I would like to note the following matters. First, the issue of confidentiality and privacy. The Commission believes it is important to respect the privacy of individuals and to protect children in particular. Even where individual cases have been made public elsewhere, individual's names should not be named in this hearing. -
Legal
14 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"). -
Commission – General
14 December 2012Speech
ARE WE CROSSING THE LINE?: FORUM ON NATIONAL SECURITY LAWS AND HUMAN RIGHTS
This paper deals with two aspects of the bill: the preventative detention orders and the new sedition offence. It does not touch on the problematic control orders. -
14 December 2012Book page
The Road So Far – the Age Discrimination Act 2004 (Cth) (2011)
When the Age Discrimination Act 2004 (Cth) (the Age Discrimination Act or the Act) was introduced in 2004 it heralded a new era in the recognition of age discrimination in Australia. Subsequently, the Australian Human Rights Commission published a paper ‘Roadmap to the Age Discrimination Act’ which provided an analysis of the Act as it was conceived in 2004.[1]