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Legal
14 December 2012WebpageDate Index - Submissions to the Commonwealth Parliament and law reform bodies
<h2>Submissions to the Parliaments and law reform bodies</h2> <h2>Date Index</h2> <p>On the instructions of the Commission, another function of the Legal Section is to prepare submissions to the Commonwealth Parliament.</p> <p>See below for some of the submissions prepared by the Legal Section and other units in the commission:</p> <p>See also Submissions</p> -
Children's Rights
25 September 2013SpeechBullying, Young People and the Law
A speech by Megan Mitchell, Children's Commissioner. Research shows that 27 per cent of young people report they are bullied every two weeks or more, and about 1 in 10 Australian people experience cyber bullying on a regular basis. -
25 September 2013Book page
1 Background and context
<p>The Internet has been in existence since the 1960s, and the World Wide Web since the 1990s.<sup><a href="#fn1" name="fnB1">[1]</a></sup> Cyberspace, however, remains a relatively new terrain in terms of the questions it raises about human rights and responsibilities.</p> -
25 September 2013Book page
2 Scope of this paper
<p>This paper is intended to contribute to discussion; it is not intended to comprehensively or conclusively cover all issues surrounding human rights in cyberspace. The Australian Human Rights Commission (Commission) has worked and continues to working on a range of human rights issues connected with the Internet, including</p> -
25 September 2013Book page
3 Freedom of expression and the Internet
<p>The Internet has opened up new possibilities for the realisation of the right to freedom of expression.</p> -
25 September 2013Book page
4 Permissible limitations of the ICCPR right to freedom of expression
<p>As noted above, article 19(3) of the ICCPR permits limitations on the rights recognised in article 19(2), but those limitations must be:</p> <p>(1) provided by law and</p> <p>(2) necessary for respect of the rights or reputations of others, for the protection of national security, public order, or public health or morals.</p> <p>The HRC in its <em>General Comment 34</em> has emphasised that:</p> -
25 September 2013Book page
6 Some regulatory challenges
<p>The challenge of finding the appropriate<strong> </strong>balance between rights is not one which is specific to the Internet.</p> -
25 September 2013Book page
7 Are current regulatory responses sufficient and appropriate?
<p>Current federal anti-discrimination laws would generally apply to cyberspace to the extent that discriminatory behaviour (or harassment) online relates to a protected attribute, and could be said to have occurred in one of the stipulated areas of ‘public’ life.</p> -
25 September 2013Book page
8 A right to access the Internet
<p>While there appears to be no express right of general application to ‘access cyberspace/the Internet’ stipulated in any of the major international human rights instruments,<sup> <a href="#fn210" name="fnB210">[210]</a></sup> it has been argued at the international level that such access is critical, particularly in terms of the right to freedom of expression, and in the redressing of structural disadvantage. Accordingly a number of countries have, in varying forms, formally recognised human rights to access the Internet.</p> -
25 September 2013Book page
9 Conclusion
<p>It is clear that the Internet provides unparalleled opportunities for the promotion and advancement of human rights, most centrally the right to seek, receive and impart information.</p> -
25 September 2013Book page
10 Questions for discussion
<p>There are two broad challenges regarding human rights and use of the Internet which emerge from the discussion in this paper, namely:</p> -
25 September 2013Book page
11 Further information
<p>As mentioned above, the Commission has worked and continues to work on a range of human rights issues connected with the Internet. Further information can be found on the Commission’s webpage ‘Human rights and the Internet’, at <a href="http://www.humanrights.gov.au/human-rights-and-internet">http://www.humanrights.gov.au/human-rights-and-internet</a>. This includes links to the Commission’s work relating to:</p> -
Technology and Human Rights
25 September 2013Publication
Background Paper: Human Rights in Cyberspace
Learn more about how human rights are being actively engaged in digital environments and technologies. -
Legal
14 December 2012Webpage
Federal Discrimination Law 2011
Welcome to Federal Discrimination Law, a publication of the Australian Human Rights Commission that provides a comprehensive overview of case law decided under Australia's federal discrimination legislation. Federal Discrimination Law is updated regularly to reflect the latest developments in the law. -
Legal
14 December 2012Webpage
Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012 (2012)
The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Committees in the Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012. -
Children's Rights
10 October 2013Speech
The right to a full life: survival and healthy development for all children
<p><br><br> </p><h4><a name="Heading10"></a><a name="Heading11"></a><a name="Heading12"></a><strong>Megan Mitchell</strong><br><a name="Heading13"></a><strong>National Children’s Commissioner</strong><br><a name="Heading14"></a><strong>Australian Human Rights Commission</strong></h4> <p>&nbsp;</p> <p><strong>Grand Rounds</strong><br><strong>Sydney Children’s Hospital Randwick</strong><br><strong>Wednesday 9 October 2013</strong><br>&nbsp;</p> -
Commission – General
14 December 2012WebpageFormer President (2008 - 2012) and Human Rights Commissioner (2009 - 2012)
The Hon Catherine Branson was appointed President of the Australian Human Rights Commission on 7 August 2008 and commenced her five year term on 14 October 2008. On 12 July 2009 she additionally became the Human Rights Commissioner. -
Disability Rights
16 October 2013SpeechHousing Demonstration Project Launch of The Summer Foundation Apartments
Patricia had a degenerative disability, and lived in Department Of Housing accommodation. She has used a wheelchair for the last few years. It was a beautiful sunny day outside, but we talked in her kitchen while my friends from church worked in her garden. She told me she didn't leave the house much, and had only gone out a couple of times this year- it was September. -
16 October 2013Speech
NDS Conference
The Nojin and Prior decisions in the Federal Court, Full Federal Court and High Court late last year and early this are probably the most significant decisions to employees with disability in Australian Disability Enterprises - and to ADE's - since the passage of the Disability Discrimination Act more than twenty years ago. -
Children's Rights
17 October 2013Speech
Vulnerable children at the boundary of the criminal justice system
<h2>Keynote address at the Jesuit Social Services National Justice Symposium</h2> <h2>Pushing the boundaries: rethinking the limits of children’s involvement in the criminal justice system.</h2> <h4>&nbsp;</h4> <p><strong style="line-height: 1.538em;"><em>CHECK AGAINST DELIVERY</em></strong></p> <p>&nbsp;</p> <p><strong>1. Acknowledgments</strong></p>