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14 December 2012Book page
AusHRC 44: Mr Toro-Martinez v Commonwealth of Australia (Department of Immigration and Citizenship)
Dear Attorney I attach my report of an inquiry into the complaint made pursuant to section 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Toro-Martinez. I have found that the acts and practices of the Commonwealth breached Mr Toro-Martinez’s right not to be subject to arbitrary detention and his right to protection of and freedom from arbitrary interference with his family. These fundamental human rights are protected by articles 9(1), 17(1) and 23(1) of the International Covenant on Civil and Political Rights. -
Commission – General14 December 2012Speech
Human rights education: realising the vision of social justice
Speech by Catherine Branson, former president of the Australian Human Rights Commission, delivered as part of the Centre for Research in Education Annual Oration in 2011. -
Commission – General14 December 2012Speech
President 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. -
Legal14 December 2012Webpage
Submission to Court as Intervener and Amicus Curiae
The Human Rights and Equal Opportunity Commission (‘the Commission’) has sought leave to appear as amicus curiae in the hearing of both appeal proceedings. The Commission does not argue for a particular outcome in the appeal, but rather seeks to identify the relevant principles of law as they apply to the appeal for the assistance of the Court. -
14 December 2012Book page
Report on the Human Rights Commissioner's Visit to Curtin IRPC in July 2000
On Saturday 29 July 2000 the then Human Rights Commissioner, Mr Chris Sidoti, assisted by a consultant, Dr Mary Crock, Senior Lecturer in Law at Sydney University, visited the Curtin Immigration Reception and Processing Centre outside Derby in the Kimberley region of WA. They made observations and obtained information about accommodation, programs and services, and particulars about the conditions and treatment of detainees. This report documents Commissioner Sidoti's observations and the information he obtained with Dr Crock's assistance. -
Children's Rights14 December 2012Webpage
Children and young people
The Commission has identified a range of risk factors, vulnerable groups and protective factors that can have an impact on the levels of violence, harassment and bullying experienced by children and young people. These factors may also affect the level of resilience that individuals, families, schools and communities have to tackling these issues. -
Commission – General14 December 2012Speech
President speech: How human rights can promote the wellbeing of children in Australia
I would like to begin by acknowledging the traditional owners of the land on which we meet, the Wurundjeri People of the Kulin Nation, and pay my respects to their elders past and present. -
Legal14 December 2012Webpage
Submission: Anti-Terrorism Bill (No. 2) 2004
1. The Human Rights and Equal Opportunity Commission ('the Commission') is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth). It is Australia's national human rights institution. -
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"). -
Legal14 December 2012Webpage
Citizenship Bill 2005
1. The Human Rights and Equal Opportunity Commission ('the Commission') has been invited by the Senate Legal and Constitutional Legislation Committee ('the Committee') to make submissions on the Australian Citizenship Bill ('the Bill'), which is intended to replace the Australian Citizenship Act 1948 (Cth) (the 'Citizenship Act') -
Children's Rights14 December 2012Webpage
Children and young people
Most violence is perpetrated against children and young people by someone they know, often in the family. Addressing family violence raises multiple challenges due to its ‘private’ nature and the widespread recognition that the family is the natural environment for its members and should provide physical and emotional safety.[63] -
27 March 2015Book page
3 Key issues emerging from the consultation
Right to freedom of expression Right to freedom of thought, conscience and religion Right to freedom of association Property rights The objective of Rights & Responsibilities 2014 was to actively seek and listen to people’s views across the country about how well their rights and freedoms are protected in Australia. This process provided an opportunity to identify systemic human rights issues and ... -
Legal7 June 2017Submission
Submission: Inquiry into Strengthening Multiculturalism (2017)
Australian Human Rights Commission Submission to the Select Committee on Strengthening Multiculturalism -
14 December 2012Book page
Social Justice Report 2007 - Chapter 3: The Northern Territory 'Emergency Response' intervention
On 21 June 2007, the Australian Government announced a ‘national emergency response to protect Aboriginal children in the Northern Territory’ from sexual abuse and family violence.[1] This has become known as the ‘NT intervention’ or the ‘Emergency Response’. The catalyst for the measures was the release of Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, titled Ampe Akelyernemane Meke Mekarle: ‘Little Children are Sacred’. -
31 July 2013Book page
4 What are the human rights issues raised by refusal or cancellation of visas under section 501?
The Commission has a number of concerns about the impact on the human rights of people whose applications for visas are refused or whose visas are cancelled under section 501 of the Migration Act. The Commission is particularly concerned about the consequences for: refugees who have their applications for protection visas refused on character grounds long-term permanent residents of Australia who ... -
Legal14 December 2012Webpage
Inquest into the deaths of David Gurralpa and Robert Plasto-Lehner (2009)
Part 2.2: The obligations imposed by the right to life (article 6 of the ICCPR), including that by arresting and detaining individuals police take responsibility to care for their life. -
14 December 2012Book page
Chapter 1: Towards a reconciled Australia: An agenda of hope - Social Justice Report 2010
I could tell you of heartbreak, hatred blind I could tell of crimes that shame mankind Of brutal wrongs and deeds malign Of rape and murder son of mine -
14 December 2012Book page
AusHRC 51: Brown v Commonwealth of Australia (Department of Immigration & Citizenship)
I attach my report of an inquiry into the complaint made pursuant to s 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Ms Maria Brown. -
Legal14 December 2012Webpage
Commission submission - s134
1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the dicta of Dixon J in R v Hickman; Ex Parte Fox and Clinton (1945) 70 CLR 598 ("Hickman") are applicable to the provisions of the Act, including s 474. -
Disability Rights14 December 2012Speech
Burdekin: The Human Rights Of Australians With Disabilities
I would like to thank ACROD for inviting me to deliver the Kenneth Jenkins Oration; both because I regard it as a privilege and because it gives me the opportunity to address a gathering of the key people in the disability field at an important time in the work of the Human Rights and Equal Opportunity Commission.