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Legal
14 December 2012WebpageReview of Australia’s Fourth Periodic Report on the Implementation of the International Covenant on Economic Social and Cultural Rights
Recommendation 2: The Australian Government pass a federal Human Rights Act that includes recognition and protection of economic, social and cultural rights. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012WebpageIssue 3: Law and public order, including juvenile justice - Submission to the United Nations Committee on the Rights of the Child for their Day of General Discussion on the Rights of Indigenous Children
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. In recent years the Commissioner has undertaken many activities relating to the rights of Indigenous children. This submission provides an overview of law and justice issues relating to Indigenous children, with a focus on juvenile justice, diversionary programs, public order laws, mandatory sentencing schemes as well as Indigenous community justice mechanisms and partnership agreements in Australia. -
Commission – General
14 December 2012SpeechAddress to Tri-State Country Conference, Broken Hill
I also want to make mention of the fact that we are 130kn south west of an area of great significance to the Aboriginal communities of western NSW, which is now called Mutawintji National Park - the first park to be handed back to its Traditional Owners under the NSW National Parks and Wildlife Act in 1998. [1] The caves and overhangs in the park have been transformed into expansive galleries of Aboriginal rock art, and it comes as no surprise that they have formed the backdrop for ceremonies for at least 8,000 years. -
14 December 2012Book page
HREOC Social Justice Report 2002: Chapter 3 - National progress towards reconcilation in 2002 - an equitable partnership?
a) A minimalist response to symbolic issues b) The perceived divisiveness of self-determination c) An emphasis on perceived areas of agreement d) Misrepresenting progress towards practical reconciliation -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Speech
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I am here representing Dr William Jonas, the Aboriginal and Torres Strait Islander Social Justice Commissioner. Dr Jonas was unable to attend today due to a range of other commitments. He asked that I begin by thanking the Victorian Department of Justice for inviting the Human Rights and Equal Opportunity Commission to attend this morning and present to you our views on the status of government progress in addressing Aboriginal Deaths in Custody and related issues. -
14 December 2012Book page
Social Justice Report 2001: Chapter 1: Ten years on from the Royal Commission into Aboriginal Deaths in Custody
The year 2001 marked the tenth anniversary of the final report of the Royal Commission into Aboriginal Deaths in Custody. The 5 volumes and 339 recommendations that comprise the national report of Commissioner Johnston remain among the most extensive, frank and devastating examinations of the impact of colonialism on the Indigenous peoples of this country. -
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
Native Title Report 2011: Chapter 3: Giving effect to the Declaration
Indigenous peoples from all over the world have suffered the long-standing effects of colonisation. Consequently, we continue to struggle with the challenges that I have raised in this Report; particularly those that concern our identity, culture and access to and protection of our lands, territories and resources. -
17 February 2015Book page
Establishing effective pathways for positive change – an analysis by the Campaign Steering Committee
The need for a long-term approach and bipartisan support across the political divide [for addressing Aboriginal and Torres Strait Islander disadvantage] was stressed by those attending consultations across Australia and in the hundreds of written submissions to the review. First Australians and those working with them are rightly cynical about new government reform and how long it will last. The ... -
Rights and Freedoms
14 July 2015SpeechWhat are the proper limits on the power of Parliament?
Distinguished guests, friends and colleagues - thank you for your welcome to this Law Institute of Victoria seminar. I acknowledge the traditional owners of the land and pay my respects to their elders past and present. I will always have a soft spot for the Law Institute of Victoria. I was admitted to practice in 1969 after completing my articles with Williams Winter and Higgs, and practiced for ... -
Rights and Freedoms
14 July 2015Speech
What are the proper limits on the power of Parliament?
Distinguished guests, friends and colleagues - thank you for your welcome to this Law Institute of Victoria seminar. I acknowledge the traditional owners of the land and pay my respects to their elders past and present. I will always have a soft spot for the Law Institute of Victoria. I was admitted to practice in 1969 after completing my articles with Williams Winter and Higgs, and practiced for ... -
Legal
10 October 2017Submission
Information concerning Australia’s compliance with the International Covenant on Civil and Political Rights (2017)
This submission provides information concerning the civil and political rights of key population groups in Australia and other thematic issues engaging civil and political rights. In relation to each section, the Commission has referred to the relevant articles of the ICCPR engaged and (where appropriate) the relevant paragraph of the Committee’s list of issues prior to reporting dated 9 November 2012. -
Legal
14 December 2012Webpage
National Human Rights Consultation - Appendix 2
The Declaration recognises the legitimate entitlement of Indigenous people to all human rights – based on principles of equality, partnership, good faith and mutual benefit... -
Rights and Freedoms
18 November 2022Speech
Housing and human rights - rights where it matters
Sandy Duncanson Memorial Lecture Housing and human rights – rights where it matters Hobart, 11 October 2022 Abstract Homelessness can happen to anyone. People with disability are at an increased risk and they are joined by a growing invisible cohort of older women. COVID-19 was a trigger for state governments to find shelter for people living rough, illustrating that solutions to homelessness are ... -
14 December 2012Book page
Indigenous Deaths in Custody: Part D - Implementing the Recommendations
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... -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased had been arrested for driving under the influence of alcohol and for driving while disqualified. He was placed in what the Coroner described as an enclosed cell, in which occupant vision is impossible, at around 3.00am and told he would remain there for a period of four hours. -
Commission – General
14 December 2012Webpage
Violence, Harassment and Bullying and Homelessness
Violence, harassment and bullying can be both a cause and consequence of homelessness. This means that a person may become homeless as a result of family violence and/or be exposed to violence, harassment and bullying because they are homeless. Violence, harassment and bullying are unacceptable in any context and violate a range of human rights. -
15 July 2014Book page
Chapter 3: How do we keep moving forward? A road map for our future
3.1 Introduction In chapters 1 and 2, I look back over the past 20 years that the Social Justice Commissioner position has been in place and think about the journey and our learning over this time. In this chapter, I want to explore how those lessons can take us forward to chart a confident course into the future and how the realisation of our rights can produce long term sustainable improvements ... -
Legal
14 December 2012Webpage
Submission to National Human Rights Consultation (2009)
The Australian Human Rights Commission (the Commission) welcomes the opportunity to make this submission to the National Human Rights Consultation (the Consultation). -
14 December 2012Book page
Bringing them Home - Chapter 18
Indigenous mental health is finally on the national agenda. As participants in the National Mental Health Strategy, States and Territories acknowledge the importance of the issue. Some of the effects of removal including loss and grief, reduced parenting skills, child and youth behavioural problems and youth suicide are increasingly recognised.