The Tasmanian Government’s decision to shelve the introduction of a Charter of Human Rights because of budgetary constraints is misconceived and fails to understand the substantial economic and social benefits of human rights protections, according to a leading human rights organisation. The Human Rights Law Centre’s Ben Schokman said a Charter of Human Rights is [...]

The Australian Government’s silence on human rights abuses in the region has once again been put in the spotlight, with the Human Rights Law Centre (HRLC) and International Lawyers for West Papua (ILWP) urging the Foreign Minister to speak up in defence of basic rights such as freedom of expression and assembly. Criminal trials have [...]

Proposed Greens’ amendments to the Migration Act 1958 to abolish mandatory sentences for people smuggling offences are essential to protect human rights and the rule of law, according to the Human Rights Law Centre. “There is no place for mandatory sentencing in a healthy democracy governed by the rule of law,” said Rachel Ball, the [...]

Told you so, says Metcalf, on Malaysia plan fallout The head of the Immigration Department, Andrew Metcalf has warned a parliamentary inquiry that the dramatic increase in the number of boats since the Hight Court’s decision forced the Government to halt offshore processing has justified the concerns he raised following the collapse of the Malaysia [...]

Clinton links US Aid to gay and lesbian rights The United States Secretary of State Hillary Clinton has delivered a speech in strong support of gay and lesbian rights worldwide claiming the continued receipt of American foreign aid may depend on how a particular country treats its gay and lesbian communities. Same-sex marriage still on [...]

Coroner recommends changes to police use of force The Coroner’s Court this week delivered findings on the death of 15 year-old Tyler Cassidy, who was shot by police in 2008.  Judge Jennifer Coate said that Tyler’s death “must signal an immediate and urgent need for Victoria police to focus its training, on developing the ability [...]

Victoria Police must take a new approach to handling confrontation with people in crisis, the Human Rights Law Centre has said, following today’s release of the findings of the coronial inquest into the 2008 police shooting of Melbourne teenager Tyler Cassidy. The Human Rights Law Centre’s Director of Advocacy and Strategic Litigation, Anna Brown, said it is [...]

PM to support conscience vote on marriage equality Prime Minister Julia Gillard has indicated that she will allow a Labor Party conscience vote on gay marriage.  However, the Prime Minister herself will not vote in favour of reform, despite a recent poll indicating that most voters support gay marriage and a conscience vote is almost [...]

Parliamentary committee recommends repealing charter by stealth The parliamentary committee reviewing Victoria’s Charter of Human Rights and Responsibilities has presented the Victorian Government with two options on how to water down the Charter. The Human Rights Law Centre said if the recommendations are adopted, Victoria will become the first state in the developed, democratic world [...]

Malaysian Solution unconstitutional The Australian High Court last week ruled that the Australia-Malaysia Transfer and Resettlement Arrangement is invalid and that any attempt to remove asylum seekers to Malaysia would be unlawful. Julian Burnside writes in the Drum that the big question following the High Court ruling is whether the Government or Opposition can forget [...]

Indigenous gap continues two years on Indigenous imprisonment, substantiated child abuse and chronic disease continue to worsen two years after Kevin Rudd announced an ambitious program to ”close the gap”, as indicated by the latest data assembled in a report titled Overcoming Indigenous Disadvantage. Detainees denied medical treatment A refugee advocacy group says three Curtin [...]

96 year old woman wins right to stay in Australia An ailing 96-year-old British woman has won the right to stay in Australia with her only surviving relatives. Australia’s Cluster bombs bill a law of loopholes Writing in the National Times, Bonnie Docherty from Human Rights Watch, says if the Senate passes the current Cluster [...]

Injunction puts Malaysian ‘solution’ on hold Justice Hayne of the High Court has granted an injunction preventing the Government from removing the first group of 16 asylum seekers from Christmas Island to Malaysia. It has been revealed that Immigration Minister Chris Bowen was warned by DFAT of concerns about Malaysia’s record on human rights before [...]

First asylum seekers to be sent to Malaysia sparks outrage over deportation of children Riot police are training daily in a jungle clearing on Christmas Island as the first boat of 55 asylum seekers to be processed under the Gillard Government’s ‘Malaysia Solution’ arrives with 18 children on board. The policy continues to be slammed [...]

The ACT Government is calling for community participation in its consultation about the possible inclusion of economic, social and cultural rights in the ACT’s Human Rights Act. The review offers a crucial opportunity for Australians to advance the legal recognition and protection of the rights to health, housing and education. Chief Minister Katy Gallagher will [...]

Commonwealth prosecutors want to seize the proceeds of David Hicks’s book sales in a move that will test the validity of his conviction by a US military commission. Mr Hicks’ father has accused authorities of persecuting his son while human rights lawyers claim there is no basis for removing any profits as Mr Hicks has [...]

Human Rights Watch has called on foreign governments to prosecute George W Bush and some of his senior officials for war crimes if the Obama administration fails to investigate a growing body of evidence against the former president over the use of torture. The Gillard Government’s refusal to process more than 400 asylum seekers pending [...]

Using freedom of information laws, the Public Interest Advocacy Centre has obtained documents that reveal the ADF’s role in assisting the US to obstruct the International Committee of the Red Cross from visiting certain detainees at Abu Ghraib prison in Iraq.  The documents also detail the suspicious death in custody of an Iranian man captured [...]

Due to a lack of consultation, a mining company is unaware an island they plan to develop in the Gulf of Carpentaria is a deeply sacred place for Aborigines. An Indigenous organisation that works across three states in central Australia has misgivings about a new report on kidney dialysis services. The head of the United [...]

The Victorian Government has apologised to a member of the Stolen Generations in a landmark legal settlement. Liberty Victoria President Spencer Zifcak provides five reasons why Victoria’s Charter of Rights should be retained, and examines the nature and quality of arguments advanced by the Charter’s opponents. SBS had its biggest ratings result of the year [...]

The Scrutiny of Acts and Regulations Committee has extended the deadline for submissions for its Review of the Victorian Charter of Human Rights and Responsibilities Act 2006 to Friday 1 July 2011. Legal and community groups have called for an expansion of the charter to include social and economic rights and proposed that Victorians be able [...]

In its response the UN Universal Periodic Review, the Australian Government rejected UN recommendations to change detention and treatment of asylum seekers including children. It has also rejected the UN recommendation for a comprehensive national Human Rights Act. Amnesty International has accused the federal government of being deliberately misleading in its response to the UN Universal [...]

Media Release Embargoed until: 6am Thursday 9 June 2011 Various legal and community organisations will today urge the Baillieu Government to ensure Victoria does not become the first jurisdiction in the developed, democratic world to weaken or repeal a human rights act. At a joint media conference hosted by the Human Rights Law Centre, representatives [...]

The Australian Government has today formally responded to recommendations made by the UN’s Human Rights Council in February this year, claiming it will accept, at least in part, 90 percent of the recommendations arising from the Universal Periodic Review process. Whilst welcoming the majority of the Government’s response, the Human Rights Law Centre’s Director of [...]

A draft documents regarding asylum seeker deal with Malaysia, contains no reference to human rights and permits unaccompanied children to be sent to Malaysia. The plan has come under attack from both ends of the political spectrum. In addition to fierce resistance from the oppoisition, the UNHCR has voiced its concern and the Greens motion [...]

The UN High Commissioner for Human Rights questioned the legality of Australia’s asylum seeker deal with Malaysia in Sydney on Monday, saying the plan could violate international law: http://www.abc.net.au/news/stories/2011/05/24/3224958.htm?section=justin. Two days later the Commissioner expressed deep concern over Australia’s tough refugee policies and the treatment of outback Aborigines, saying there was a strong undercurrent of [...]

The UN High Commissioner for Human Rights arrives in Australia on a country mission: http://www.humanrightsactionplan.org.au/CustomContentRetrieve.aspx?ID=1387644 UN commissioner visits NT amid intervention concerns: http://www.abc.net.au/news/stories/2011/05/20/3223039.htm Amnesty International says the Federal Government must explain exactly what it is planning to do with more than 100 asylum seekers who have arrived since it announced its new refugee policy: http://www.abc.net.au/news/stories/2011/05/18/3219621.htm?utm_medium=referral&utm_source=pulsenews Prime [...]

Prime Minister Julia Gillard announces possible deal with Malaysia to trade asylum seekers for ‘genuine refugees’: http://www.smh.com.au/national/australia-malaysia-to-trade-asylum-seekers-gillard-20110507-1ed1a.html Sarah Hanson-Young tackles some asylum-seeker myths in the wake of the Gillard Government’s proposed Malaysia Solution: http://www.theage.com.au/opinion/politics/blogs/gengreens/busting-the-asylum-seeker-myths-20110509-1efjd.html The Australian Government’s regressive Malaysia Solution punishes vulnerable people, writes Michael Gordon: http://www.theage.com.au/opinion/politics/punishing-the-innocent-20110509-1efom Susan Metcalfe on the Gillard Government’s proposed Malaysia [...]

The Senate is about to consider legislation to ratify Australia’s accession to the United Nations Convention on Cluster Munitions. Regrettably, the legislation is far too weak, writes Paul Barratt: http://www.theage.com.au/opinion/we-must-do-more-to-help-rid-the-world-of-these-foul-weapons-20110501-1e2t6.html Victoria set to become test case for $12.5 billion national disability support scheme provided states and federal government can agree on how it might be [...]

Joint Media Release from Federation of Community Legal Centres and the Human Rights Law Centre 2 May 2011 Last night’s fatal police shooting in St Kilda exposes the need for the independent investigation of police shootings and highlights the pitfalls of a media-unit lead response, say legal and human rights groups. “This is an extremely [...]

The HRLC has made a submission to the Queensland Parliament’s review of its ‘fundamental legislative principles’. At various stages of the lawmaking process in Queensland, proposed Bills and subordinate legislation are assessed for consistency with the fundamental legislative principles, which are defined under section 4 of the Legislative Standards Act 1992 (Qld).  The HRLC has [...]

Ever since its enactment in 2006 as the first state human rights act, the Victorian Charter of Human Rights and Responsibilities has attracted exaggerated claims from politicians, being described as everything from ‘powerful’ and ‘transformative’ to ‘dangerous’ and ‘weak’. Five years on the Charter is being reviewed. It is imperative that this review be guided [...]

The Baillieu Government announces review of the Victorian Charter of Human Rights and Responsibilities Act: http://www.theage.com.au/victoria/rights-charter-set-for-overhaul-20110420-1do53.html Australia has deported a 47 year old permanent resident to the United Kingdom despite living in Australia for most of his life: http://www.abc.net.au/news/stories/2011/04/18/3194827.htm The Prime Minister has pledged to raise human rights issues with China during a week-long swing [...]

The review of the Charter of Human Rights and Responsibilities announced by the Attorney-General, the Hon Robert Clark, today is a significant opportunity to improve the promotion and protection of human rights in Victoria says a leading human rights centre. The review, which is to be conducted by the parliamentary Scrutiny of Acts and Regulations [...]

A Human Rights Report by the US State Dept on Australia identifies a range of human rights challenges & breaches, including violence against women against Indigenous peoples, racism and asylum seeker processing delays: http://www.state.gov/g/drl/rls/hrrpt/2010/eap/154378.htm Amnesty International is urging the United Nations to release a report into thousands of deaths in Sri Lanka near the end [...]

The Australian Government’s plan to open a new immigration detention centre in southern Tasmania draws criticism from crossbencher MP, Andrew Wilkie: http://www.theaustralian.com.au/national-affairs/new-detention-centre-to-open-in-tasmania/story-fn59niix-1226033937113 The Australian Government’s toughened policy on Afghan asylum claims and pledge to forcibly return rejected Afghans has prompted a prominent Afghan parliamentarian visiting Australia to plead that Hazara boat arrivals be treated humanely [...]

In February 2011 the Victorian Attorney-General, Robert Clark, publicly announced his intention to amend the Equal Opportunity Act 2010 (Vic) via media reports in The Age newspaper. The full details of the proposals are yet to be announced and did not form part of any official Victorian Liberal Nationals election policy document. However, it seems [...]

Columnist Andrew Bolt is currently facing trial for racial discrimination http://www.theaustralian.com.au/news/nation/andrew-bolt-articles-akin-to-eugenics-court-hears/story-e6frg6nf-1226029661666 http://www.theage.com.au/victoria/sound-and-fury-but-few-fireworks-as-bolt-takes-stand-20110329-1ceag.html http://www.abc.net.au/news/stories/2011/03/29/3176728.htm?section=justin http://www.theaustralian.com.au/business/media/public-interest-test-outweighed-offensiveness-bolt/story-e6frg996-1226030756581 http://www.theage.com.au/opinion/nothing-black-and-white-about-bolts-case-and-right-to-free-speech-20110331-1cn8l.html The death of a man inside Curtin Immigration Detention Centre has further heightened tensions among detainees and raised questions about the policy of mandatory detention http://www.abc.net.au/news/stories/2011/03/28/3176034.htm?section=justin http://www.theaustralian.com.au/national-affairs/asylum-seeker-dies-at-curtin/story-fn59niix-1226029823674 http://www.sbs.com.au/news/article/1509176/Another-asylum-seeker-dies-in-detention The Immigration Department has agreed to establish an independent review of the [...]

On 21 March 2011 the UN Special Representative on business and human rights, John Ruggie, released his final report, the “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”.  The report is the culmination of six years of work by the Special Representative in the development of norms [...]

Australians for Native Title and Reconciliation has said that steady progress towards health equality had been made during the last five years but the large life expectancy and opportunity gap between indigenous and non-indigenous Australians would only close if the public pressure on politicians persisted http://www.heraldsun.com.au/news/national/public-pressure-needed-to-close-indigenous-gap-on-national-close-the-gap-day/story-e6frf7l6-1226027265039 Opposition leader Tony Abbott has written to Prime Minister [...]

The UN Security Council has voted to impose a no-fly zone over Libya: http://www.sbs.com.au/podcasts/Podcasts/world-view/episode/151867/UN-imposes-no-fly-zone-over-LIbya Teachers at public schools are planning to boycott new laws proposed by the Victorian Government giving principals and teachers greater powers to search the cars of students’ parents: http://www.theage.com.au/national/education/schools-reject-knife-search-plan-20110312-1bs85.html WikiLeaks founder Julian Assange has suggested Julia Gillard be charged with treason [...]

A new approach is needed for how Victoria Police handle confrontation with young people in crisis and investigations into serious police violence need to be independently conducted, the Human Rights Law Resource Centre said.

A special International Women’s Day edition of the weekly news stories (with a few other news stories thrown in as well): Crisis accommodation services will be increasingly seeing Baby Boomers, particularly women, as their clients as they are forced out of private accommodation. http://www.theage.com.au/victoria/baby-boomer-wave-heralds-new-housing-crisis-20110306-1bjiq.html The Governor-General, Quentin Bryce, has commented on the slow progress in [...]

The rate of bullying in the Victorian public sector has not decreased over the past six years despite repeated attempts to do so: http://www.theage.com.au/victoria/bullying-persists-despite-states-efforts-20110227-1ba1t.html The future of institutions for disabled people in Victoria is in doubt after disability activists have called on the Victorian Government to close them: http://www.theage.com.au/victoria/relatives-fight-to-keep-centre-for-disabled-open-20110227-1ba1x.html The Victorian Government announced a taskforce [...]

Opinion article by Catherine Branson on human rights and multiculturalism in Australia: http://www.theaustralian.com.au/news/opinion/foundation-for-prosperous-peaceful-nation/story-e6frg6zo-1226008359207 Google’s “autocomplete” search function is leading users to racist and sexist websites: http://www.theage.com.au/technology/technology-news/terms-of-hate-taint-google-searches-20110220-1b16s.html Opinion article by Michael Kirby on the difficulty of establishing a global consensus around the issue of HIV/AIDs: http://www.theage.com.au/opinion/society-and-culture/speaking-in-tongues-on-aids-20110220-1b0y8.html Claims have been made that Christmas Island boat crash survivors [...]

The HRLRC congratulates the Federal Government on the introduction of the Migration Act Amendment (Complementary Protection) Bill 2011 on 24 February 2011.  Complementary protection is the duty owed by a State to not return people to face torture or other serious human rights violations in their country of origin, even if their cases do not [...]

The Gillard Government is consolidating federal anti-discrimination laws into a single Equality Act. The process has been promoted as an exercise in addressing inconsistencies and reducing regulation. The Government should show that it is serious about achieving equality by ensuring that the draft Bill, due to be released later this year, also strengthens and modernises [...]

The HRLRC recently made submissions on the correct approach to the application of the Charter of Human Rights and Responsibilities Act 2006 (Vic) in the High Court of Australia.  The appeal from the decision of the Court of Appeal of the Supreme Court of Victoria in R v Momcilovic (2010) 265 ALR 751, was heard in [...]

The Victorian Government is preparing to restore unlimited rights to religious organisations to discriminate as part of its review of equal opportunity laws: http://www.theage.com.au/victoria/religious-groups-to-regain-bias-rights-20110212-1ardw.html and http://www.theage.com.au/national/holy-unrest-over-religious-right-to-discriminate-20110212-1areb.html and http://www.theage.com.au/opinion/politics/baillieu-promised-a-fairer-victoria-but-it-looks-like-the-opposite-20110214-1atky.html Opinion article by Leslie Cannold on secularism is public schools and the the High Court challenge to the National School Chaplaincy Program: http://www.theage.com.au/opinion/society-and-culture/religiously-defending-the-right-to-remain-secular-20110212-1ar7i.html The Average time detainees [...]

Proposed amendments to Victoria’s equal opportunity laws will perpetuate discrimination and undermine fairness and equality, writes Rachel Ball In opposition, the Victorian Coalition campaigned for a “stronger, fairer and safer” Victoria, but early hopes that Ted Baillieu would lead a government committed to fostering an inclusive and discrimination-free society are already beginning to fade. Over [...]

The United Israel Appeal has cancelled an event in Geneva where former US President George W Bush was speaking due to concerns that a Convention against Torture complaint would be triggered once he arrived in Switzerland:  http://www.theage.com.au/world/rights-groups-sinks-speech-by-bush-20110206-1aidk.html The Australian Christian Lobby has warned that acceptance of gay marriage will lead to a push to change [...]

Monday 7 February 2011 The United Nation’s Independent Expert on the Effects of Foreign Debt and other Related International Financial Obligations on Human Rights, Dr Cephas Lumina, will visit Australia this week to discuss efforts to prevent profiteering by vulture funds. Vulture funds are operated by private investment firms which purchase foreign debt of developing [...]

Here is a selection of human rights news and views for the week ending 4 February 2011: Victorian Government figures show that disadvantaged people are waiting up to 18 years before they are provided with public housing: http://www.theage.com.au/victoria/crisis-in-public-housing-20110130-1a9p1.html The Victorian Government will take a new approach to policing illegal brothels: http://www.theage.com.au/victoria/police-to-lead-the-fight-against-illegal-sex-trade-20110130-1a9pb.html An outspoken gay rights [...]

Media Release: Effective aid delivery requires robust human rights perspective Australia’s aid and development programs would be significantly enhanced if the Australian Government adopted a human rights-based approach to aid and development assistance, claims a leading human rights NGO. The Human Rights Law Resource Centre today made its submission to the Australian Government’s independent review [...]

Here is a selection of human rights news and views for the week ending 28 January 2011: Opinion article by Judith Bessant on children in immigration detention following the High Court’s recent decision: http://www.theage.com.au/opinion/politics/soul-searching-is-needed-over-child-detention-20110124-1a2y5.html More than 1250 mentally ill and homeless people have been denied Centrelink payments or haf their payments docked for not showing [...]

Here are some of the top Australian human rights news stories from the past week: Opinion article by Ben Schokman and Phil Lynch on the upcoming review of Australia’s human rights record under the United Nations’ Universal Periodic Review process http://www.theage.com.au/opinion/politics/testing-our-rights-record-with-a-little-help-from-our-friends-20110116-19sez.html Opinion article by Simon Jenkins on the limitations that should be placed on freedom [...]

Here are some of the top Australian human rights news stories from the week ending 14 January 2011: Call for independent inquiry into death in police custody http://www.abc.net.au/news/stories/2011/01/09/3109109.htm Australia’s Sudanese refugees cast a historic vote http://www.theage.com.au/national/australias-sudanese-refugees-cast-a-historic-vote-20110109-19jvk.html and http://www.abc.net.au/news/stories/2011/01/10/3109288.htm Australia should be more proactive and principled in preventing the transfer of Afghan detainees to a situation in [...]

The United Nations Special Representative to the Secretary General on Business and Human Rights is currently consulting on draft Guiding Principles that seek to implement the Special Representative’s ‘Protect, Respect and Remedy’ Framework.  The HRLRC has provided the Special Representative with a Submission in relation to the draft Guiding Principles.  In short, the HRLRC supports [...]

Here are some of the top Australian human rights news stories from the first week of 2011: Government stalls on asylum issue http://www.theage.com.au/national/government-stalls-on-asylum-issue-20110105-19g93.html An ALP insider’s open letter to Julia Gillard regarding the importance of a Bill of Rights http://www.abc.net.au/unleashed/42670.html Strong support for WikiLeaks among Australians http://www.theage.com.au/national/strong-support-for-wikileaks-among-australians-20110105-19g8z.html We have waited much too long for adequate [...]

Here are some of the top Australian human rights news stories from the last week: Ex-police officers accused of torture http://www.theage.com.au/national/expolice-officers-accused-of-torture-20101223-196l6.html Government, media ‘overplaying asylum crisis’ http://www.abc.net.au/news/stories/2010/12/22/3099637.htm Call to speed up release of children in detention centres http://www.theage.com.au/national/call-to-speed-up-release-of-children-in-detention-centres-20101222-195nq.html Face up to refugee reality http://www.theaustralian.com.au/news/opinion/face-up-to-refugee-reality/story-e6frg6zo-1225975199172 Three guilty of planning terror attack http://www.abc.net.au/news/stories/2010/12/23/3100126.htm Human rights and the [...]

In December 2010, the UN Committee against Torture issued a ‘List of Issues Prior to Reporting’ for Australia.  The purpose of this List is to outline those issues which the Committee would like Australia to address and respond to in its next periodic report to the Committee, due in 2012.  The issues on which the [...]

Here are some of the top Australian human rights news stories from the last week: Shipwreck a ‘wake-up call’ for politicians http://www.abc.net.au/news/stories/2010/12/16/3095067.htm Australian Human Rights Commission blasts immigration detention facilities http://www.abc.net.au/news/stories/2010/12/14/3092900.htm The Guardian on Australia’s hardline asylum policy http://m.guardian.co.uk/world/2010/dec/15/asylum-australia-christmas-island&ct=ga&cad=CAcQAhgAIAAoATABOAFAlemo6ARIAVAAWABiBWVuLVVT&cd=ov0PCnVJ-tg&usg=AFQjCNG6BQNpTV6A_nMk5EnLrVG7W60JsQ?cat=world&type=article Call to ditch immigration detention centres http://www.ntnews.com.au/article/2010/12/15/201101_ntnews.html High Court strengthens voting rotes http://news.ninemsn.com.au/national/8183868/high-court-strengthens-voting-rights Detective ‘implicated’ as [...]

On 26 October 2010, the Senate referred the Commonwealth Commissioner for Children and Young People Bill 2010 to the Legal and Constitutional Affairs Legislation Committee for inquiry and report in May 2011. The purpose of the Bill is to establish an independent statutory office of Commonwealth Commissioner for Children and Young People, to advocate at [...]

On 10 December 2010, a coalition of over 70 human rights NGOs, community organisations, corporations and religious groups wrote to the new Victorian Attorney-General, the Hon Robert Clark MP, calling on him to strengthen the Charter of Human Rights and Responsibilities Act. The signatories wrote that, overall, the Charter has had a positive impact on: [...]

A large coalition of Australian non-government organisations has written a letter to the Australian Government encouraging it to consider making a number of “voluntary commitments” ahead of the Universal Periodic Review of Australia in January 2011. As part of the UPR process, states are encouraged to make “voluntary commitments”, which are concrete pledges to take [...]

On 2 December 2010, the Human Rights Law Resource Centre, wrote to the Hon Robert Clark MP, Attorney-General for Victoria in the new Baillieu Government,  setting out ten policies which the Centre considers the Victorian Government should implement as a matter of priority for a stronger, fairer and safer Victoria. Respect for human rights is one of the [...]

Here are some of the top Australian human rights news stories from the last week: Native Title win could pave the way for others http://www.abc.net.au/news/stories/2010/11/22/3072411.htm?site=news Asylum seekers are put in no man’s land http://www.smh.com.au/national/asylum-seekers-are-put-in-no-mans-land-20101121-182mh.html Legal action over Aboriginals’ withheld pay http://www.abc.net.au/news/stories/2010/11/24/3074878.htm PM riled by union equal pay attack http://www.theage.com.au/national/pm-riled-by-union-equal-pay-attack-20101123-185m0.html Bail laws ‘inconsistent’ with Human Rights [...]

On 20 October 2010, the Tasmanian Government released a ‘Directions Paper’ proposing a Charter of Human Rights and Responsibilities for Tasmania.  The Government is seeking responses to the paper by 14 January 2011. This is your chance to have your say on the promotion and protection of human rights and to learn from and build on [...]

Here are some of the top Australian human rights news stories from the last week: PM won’t budge on same-sex marriage http://www.theage.com.au/national/pm-wont-budge-on-samesex-marriage-20101117-17xo4.html Let’s talk about torture http://www.abc.net.au/news/stories/2010/11/11/3063054.htm?site=thedrum Migrants ‘under-utilised’ http://www.theaustralian.com.au/national-affairs/migrants-under-utilised/story-fn59niix-1225954629309 Libs push legal visa claims from overseas refugees http://www.theaustralian.com.au/national-affairs/libs-push-legal-visa-claims/story-fn59niix-1225954627104 Lives at risk ‘if mental health services ignored’ http://www.abc.net.au/news/stories/2010/11/16/3067899.htm Longest serving immigration detainee granted visa after [...]

Here are some of the top Australian human rights news stories from the last week: Court casts doubts over legality of offshore processing of asylum seekers http://www.theage.com.au/national/court-casts-doubts-over-legality-of-offshore-processing-of-asylum-seekers-20101111-17o9g.html Immigration facing ‘chaos’ after High Court decision http://www.abc.net.au/news/stories/2010/11/11/3063298.htm SA defiant as bikies win High Court fight http://www.abc.net.au/news/stories/2010/11/11/3063266.htm A great day for freedom as gavel falls on government http://www.theage.com.au/opinion/society-and-culture/a-great-day-for-freedom-as-gavel-falls-on-government-20101111-17pc0.html [...]

The Australian Government is currently considering a draft text of a third optional protocol to the Convention on the Rights of the Child which has been circulated by the UN Open-ended Working Group on an optional protocol to the Convention on the Rights of the Child.  The draft third OP seeks to establish an individual [...]

The UN Committee on Economic, Social and Cultural Rights is drafting a general comment on the right to sexual and reproductive health and has invited organisations to submit written contributions on this issue.  On 8 November 2010, the Human Rights Law Resource Centre made a Submission to UN CESCR on the Right to Sexual and Reproductive [...]

The Australian Government has tasked the Australian Public Service Commission to revise the Australian Public Service Values (APS Values) to a ‘smaller set of core values that are meaningful, memorable and effective in driving change’.  Among other considerations, this revision should seek to ‘affirm the importance of including consideration of human rights issues in policy [...]

Here are some of the top Australian human rights news stories from the last week: Australia lodges report to UN Human Rights Council http://news.smh.com.au/breaking-news-national/australia-lodges-human-rights-report-20101104-17fzm.html Australian Government statement on human rights to the United Nations Third Committee http://www.unny.mission.gov.au/unny/101027_humanrights101027_humanrights.html First use of Victorian Charter to protect children’s testimony http://www.theage.com.au/victoria/first-use-of-rights-charter-to-protect-childrens-testimony-20101104-17fvu.html Clinton to face forum of young Australians http://www.abc.net.au/news/stories/2010/11/03/3055662.htm [...]

On 29 October 2010, the Human Rights Law Resource Centre and the PILCH Homeless Persons’ Legal Clinic made a joint submission to the Senate Legal and Constitutional Affairs Committee on the Civil Dispute Resolution Bill 2010.  The Bill: requires civil litigants to take genuine steps to resolve disputes before legal proceedings are instituted in the [...]

Here are some of the top Australian human rights news stories from the last week: No out for child asylum seekers http://www.theage.com.au/national/no-out-for-child-asylum-seekers-20101028-175uv.html Govt denies plans for more detention centres http://www.abc.net.au/news/stories/2010/10/26/3048759.htm?site=news Robb questions who will control merged ASX http://www.abc.net.au/news/stories/2010/10/27/3049522.htm?site=news Indigenous leaders challenge ATSIC scrapping http://www.abc.net.au/news/stories/2010/10/28/3050282.htm Getting down to business on human rights http://www.theage.com.au/national/education/getting-down-to-business-on-human-rights-20101025-170p4.html US won’t pursue [...]

On 26 October 2010, the Human Rights Law Resource Centre made a submission to the Senate Legal and Constitutional Affairs Legislation Committee inquiry into the provisions of the Sex and Age Discrimination Legislation Amendment Bill 2010: Submission to Senate Legal and Constitutional Affairs Committee dated 26 October 2010 Attachment A – Policy Paper on Promoting Equality [...]

On 19 October 2010, the coronial inquest began into the death of 15 year old Tyler Cassidy, who was shot by Victoria Police in December 2008.  The Human Rights Law Resource Centre has intervened to provide the Coroner with assistance on the relevance of the Victorian Charter to the proceeding. The HRLRC’s submissions in the proceeding [...]

The work, functioning and status of the UN Human Rights Council will be reviewed in 2011.  An open-ended working group established by the Council to discuss this review is scheduled for 25 to 29 October 2010. On 20 October 2010, the HRLRC made a Submission to the Working Group on the Review of the UN Human Council [...]

Here are some of the top Australian human rights news stories from the last week: Children to be released under changes to immigration detention http://www.smh.com.au/national/children-to-be-released-under-changes-to-immigration-detention-20101018-16q1p.html Immigration detention move welcomed, but still fears http://www.theaustralian.com.au/news/nation/move-welcomed-but-still-fears/story-e6frg6nf-1225940401526 A mother prepares to take the stand in fight for her boy http://www.theage.com.au/victoria/a-mother-prepares-to-take-the-stand-in-fight-for-her-boy-20101018-16qtq.html?autostart=1 Victorian OPI says oversight of police-related death probes inadequate [...]

On 29 September 2010, the Human Rights Law Resource Centre sent a letter to to the Australian Government calling for the urgent enactment of legislation to provide complementary protection to asylum seekers at risk of persecution, torture or death if deported. Further, on 5 November 2010, the HRLRC, together with a coalition of leading refugee law academics [...]

Here are some of the top Australian human rights news stories from the last week: Self-harm among asylum seekers rising http://www.news.com.au/breaking-news/self-harm-among-asylum-seekers-rising/story-e6frfku0-1225938427856 Australia’s gender equality ranking drops http://www.abc.net.au/news/stories/2010/10/12/3036662.htm Canada’s embarrassment Australia’s gain in UN tussle http://www.theage.com.au/world/canadas-embarrassment-australias-gain-in-un-tussle-20101013-16ib0.html Soldiers’ work is life or death, but they’re not above the law http://www.theage.com.au/opinion/society-and-culture/soldiers-work-is-life-or-death-but-theyre-not-above-the-law-20101012-16hxe.html?autostart=1 Taser ‘breaches’ by police revealed http://www.theage.com.au/victoria/taser-breaches-by-police-revealed-20101011-16g05.html Civil [...]

Here are some of the top Australian human rights news stories from the last week: Man Tasered 13 times shows stun-guns fast becoming police weapon of choice http://www.watoday.com.au/wa-news/man-tasered-13-times-shows-stunguns-fast-becoming-police-weapon-of-choice-ccc-20101004-163og.html?autostart=1 Second stun gun attack on Aborigine revealed http://www.theaustralian.com.au/news/nation/second-stun-gun-attack-on-aborigine-revealed/story-e6frg6nf-1225934584766 Man dies after being tasered http://www.abc.net.au/news/stories/2010/10/05/3029382.htm Man suffers head injuries after being tasered http://www.abc.net.au/news/stories/2010/10/04/3028431.htm Self-harm rates in detention increase [...]

The Human Rights Law Resource Centre has prepared a series of policy papers to inform and advance the human rights agenda in Australia.  Each brief identifies a human rights problem or opportunity, discusses the imperative for action, analyses relevant evidence, and makes concrete recommendations for Australia to advance the agenda at the international and national [...]

On 24 September 2010, the HRLRC and the PILCH Homeless Persons’ Legal Clinic made a joint submission to the President of the Victorian Civil and Administrative Tribunal (VCAT) on the important role that the Tribunal plays in protecting the right to a fair hearing and facilitating access to justice in Victoria.  VCAT President, Justice Iain Ross AO, [...]

Here are some of the top Australian human rights news stories from the last week: Three Australian soldiers face charges over lethal Afghan raid http://www.guardian.co.uk/world/2010/sep/27/australian-soldiers-charges-afghan-raid Charges headed off war crimes trial http://www.theage.com.au/national/charges-headed-off-war-crimes-trial-20100929-15xgg.html SAS under fire over Kopassus training http://www.abc.net.au/news/stories/2010/09/29/3024491.htm UN to examine detention centres http://www.theage.com.au/national/un-to-examine-detention-centres-20100928-15vvl.html Asylum seekers ‘going crazy’ in detention http://www.abc.net.au/news/stories/2010/10/01/3026709.htm Expulsion looming for [...]

Here are some of the top Australian human rights news stories for the week: Submissions to Freedom of Religion inquiry reveal Australians are “worried about Muslims, gays and witches”: http://www.theage.com.au/national/battlegrounds-for-belief-20100917-15gdx.html Rudd joins UN talks on Pakistan: http://www.abc.net.au/news/stories/2010/09/20/3016021.htm Australia pledges millions for health of women, children: http://www.abc.net.au/news/stories/2010/09/23/3019482.htm?section=justin Department ‘hiding’ on child abuse claims: http://www.theaustralian.com.au/national-affairs/department-hiding-on-child-abuse-claims/story-fn59niix-1225926439130 Aborigines want [...]

The work, functioning and status of the UN Human Rights Council will be reviewed in 2011.  An open-ended working group established by the Council to discuss this review is scheduled for 25 to 29 October 2010. Coincidentally, Australia will participate in the Council’s Universal Periodic Review process from early- to mid-2011. Both the Council review and [...]

Here are some of the top Australian human rights news stories for the week: Move on climate, BHP Billiton urges: http://www.theage.com.au/business/move-on-climate-bhp-billiton-urges-20100915-15cn4.html Islanders plead to Australia for help: http://www.abc.net.au/news/stories/2010/09/16/3013080.htm Australian Human Rights Commission calls on Government to effectively implement UN Declaration on Rights of Indigenous Peoples: http://www.sbs.com.au/podcasts/Podcasts/world-view/episode/110997/Call-to-back-Indigenous-Declaration Reports that Australia is funding and training Indonesian anti-terror [...]

On 14 September 2010, the Human Rights Law Resource Centre wrote to the Attorney-General, the Hon Rob McClelland, urging that the promotion and protection of human rights be a key aim and instrument of the Gillard Government.  The Centre set out ten policies which the Government should commit to and implement as a matter of priority and [...]

Here are some of the top Australian human rights news stories for the week: Human rights falls off political priorities list: http://www.abc.net.au/unleashed/stories/s3007591.htm Kimberley gas project under fire for proposed compulsory acquisition of Aboriginal land: http://www.theage.com.au/environment/conservation/kimberley-gas-project-under-fire-20100903-14uh9.html NSW Coroner recommends training for police dealing with the mentally ill: http://news.theage.com.au/breaking-news-national/train-police-for-mentally-ill-coroner-20100908-150rz.html NSW introduces legislation to recognise Aboriginal people in [...]

On 6 September 2010, the Human Rights Law Resource Centre filed an application for leave to make submissions to the Victorian Court of Appeal in the matter of Director of Housing v Sudi.  The matter is an appeal from the decision of Bell J, sitting as President of VCAT, in Director of Housing v Sudi [2010] [...]

On 3 September 2010, the Human Rights Law Resource Centre, together with the International Service for Human Rights and the Pacific Regional Rights Resource Team, provided a Brief on the Pacific Region to Ms Margaret Sekaggya, the Special Rapporteur on the Situation of Human Rights Defenders, in advance of her visit to Fiji scheduled for 6 [...]

Here are some of the top Australian human rights news stories for the week: The Independents should make human rights the key issue in negotiations for a stable and principled government: http://www.theage.com.au/opinion/contributors/independents-should-put-human-rights-first-20100830-145mi.html Aid and charity organisations urge governments to support the global fight against poverty: http://news.smh.com.au/breaking-news-national/world-leaders-urged-to-act-on-poverty-20100901-14mto.html Detention centres and restrictions on movement solve nothing: Erika [...]

Here are some of the top Australian human rights news stories for the week: UN Committee says discrimination embedded in Australia: http://www.abc.net.au/news/stories/2010/08/28/2996007.htm Calls for constitution revamp to combat discrimination: http://www.abc.net.au/news/stories/2010/08/28/2996175.htm Indigenous gap widens in NSW: http://www.abc.net.au/news/stories/2010/08/23/2990933.htm Asylum seekers challenge off-shore detention: http://www.theage.com.au/national/asylum-seekers-challenge-detention-20100824-13qct.html http://www.theaustralian.com.au/business/legal-affairs/rocking-the-boat-on-asylum-claims/story-e6frg97x-1225910614387 Coroner finds disabled woman’s death was avoidable: http://www.abc.net.au/news/stories/2010/08/26/2994181.htm?site=news

A high-level UN committee has found that Australia needs to take urgent measures to address racism and racial discrimination, disadvantage and inequality. On 27 August 2010, the UN Committee on the Elimination of Racial Discrimination released its Concluding Observations following a review of Australia’s compliance with the International Convention on the Elimination of All Forms of [...]

The UN Committee on the Elimination of Discrimination against Women has released its Concluding Observations following a review of Australia’s compliance with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).     The Committee comments on a number of positive developments in Australia and welcomes the enactment of the Paid Parental [...]

In August 2010, the UN Committee on the Elimination of Racial Discrimination reviewed Australia’s compliance with its international legal obligations to respect, protect and promote the human right to equality and freedom from racial discrimination. An NGO coalition, comprising the Human Rights Law Resource Centre, the National Association of Community Legal Centres and the Foundation [...]

The Human Rights Law Resource Centre presents The Sacred and the Secular: The Same-Sex Marriages Case  with Albie Sachs Former Judge of the South African Constitutional Court   Details: Date:    Monday, 20 September 2010 Time:    5.45pm for 6.00 – 7.30pm Venue:  DLA Phillips Fox, Level 21, 140 William Street Cost:    $30 / $15 concession or [...]

On 24 August 2010, the Centre provided a Submission to the UN Committee against Torture setting out a number of issues which we consider the Committee should include in its List of Issues for Australia Prior to Reporting in respect of Australia’s compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or [...]

Here are some of the top Australian human rights news stories for the week: Kurdish link in Melbourne anti-terror raids: http://www.abc.net.au/news/stories/2010/08/19/2987434.htm Tasneem must remove niqab for Perth trial, judge rules: http://www.theaustralian.com.au/news/nation/tasneem-must-remove-niqab-for-trial-judge-shauna-deane-rules/story-e6frg6nf-1225907292151 UN ‘shocked’ by NT intervention: http://www.abc.net.au/news/stories/2010/08/17/2985720.htm Queensland top cop to retire early amid furore over Palm Island investigations: http://www.theage.com.au/national/queensland-top-cop-to-retire-early-amid-furore-20100819-12s2e.html Habib gets $5000 from News [...]

Here are some of the top Australian human rights news stories for the week: High Court allows 100,000 to vote: http://www.theage.com.au/federal-election/high-court-allows-100000-to-vote-20100806-11om5.html Victorian Law Reform Commission releases report into threats to privacy: http://www.theage.com.au/victoria/mobiles-a-threat-to-privacy-20100812-121i4.html Australia appears before UN over human rights: http://www.abc.net.au/news/stories/2010/08/11/2979620.htm Labor backs Indigenous recognition in constitution: http://www.abc.net.au/news/stories/2010/08/08/2976789.htm?site=news Aboriginal custodian turns back on riches: http://www.theage.com.au/national/aboriginal-custodian-turns-back-on-riches-20100810-11y8k.html Parole-seeking [...]

On Tuesday 10 August 2010 and Wednesday 11 August 2010 in Geneva, the UN Committee on the Elimination of Racial Discrimination will review Australia’s compliance with its international legal obligations to respect, protect and promote the human right to equality and freedom from racial discrimination.   The issues to be considered by the Committee include the [...]

In an historic decision, the High Court has struck down legislation which resulted in the early close of the electoral rolls and denied over 100,000 Australians the right to vote. The decision is a landmark victory for representative democracy, political participation and accountable government. The case was a constitutional challenge to the validity of changes to [...]

Here are some of the top Australian human rights news stories for the week: Several Victorian police may face criminal charges over the ‘deeply disturbing’ treatment and subsequent death of a man after he was released from Dandenong police station this year: http://www.theage.com.au/victoria/police-face-criminal-charges-over-death-20100801-111gq.html Mentally ill Aboriginal man dies ‘in police custody’, handcuffed in hospital: http://www.theaustralian.com.au/news/nation/hospital-death-was-in-queensland-police-custody/story-e6frg6nf-1225901345514 [...]

On 3 August 2010, the Human Rights Law Resource Centre provided an oral briefing and short Briefing Paper to the UN Committee on the Elimination of Racial Discrimination regarding the enhancement of NGO engagement with UN human rights treaty bodies and strategies to promote the use and implementation of treaty body recommendations on the ground.

Director of Public Transport v XFJ [2010] VSC 319 (29 July 2010) The Victorian Supreme Court has affirmed the importance of a broad approach to the construction of human rights in the Charter, including appropriate reliance on international human rights law and comparative jurisprudence.  Facts This case concerned the accreditation of XFJ to drive a [...]

US Chief Justice remarks on ‘absence of distinct enumeration of personal liberties’ in Australia, discusses significance of Bills of Rights: http://www.theaustralian.com.au/business/legal-affairs/us-chief-justices-pep-talk-on-bill-of-rights/story-e6frg97x-1225898694309 Victorian Equal Opportunity and Human Rights Commission says new police search powers an unreasonable incursion on human rights that will not make our communities safer: http://www.theage.com.au/victoria/rights-watchdog-savages-war-on-knives-20100728-10w5x.html and http://www.abc.net.au/pm/content/2010/s2968116.htm 70 Afghan asylum-seekers transferred from Christmas [...]

Of the myriad issues inadequately covered in the 2010 Federal Election campaign, the issues as to Australian values and identity, and how these values shape the way we understand our role and responsibility in the world, must figure high. In the leaders’ debate, for example, the only discussion of Australian foreign policy and our place [...]

On 23 July 2010, the HRLRC and GetUp! announced proposed action in the High Court of Australia to promote and protect voting rights for disadvantaged groups. The case is a constitutional challenge to the validity of changes to the Commonwealth Electoral Act 1918 made by the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) [...]

Here is a selection of the week’s top Australian human rights news stories: An Abbott Government would discontinue Australia’s Human Rights Framework, Australia’s UN Security Council candidacy and funding for law and justice programs in Africa as part of a program to reduce spending and ‘pressure on interest rates’: http://www.theaustralian.com.au/news/nation/liberals-to-slash-rudds-pet-projects/story-e6frg6nf-1225894772339 and http://news.smh.com.au/breaking-news-national/scrap-un-security-council-bid-abbott-20100720-10itr.html UN queries decline in [...]

Respect for human rights is the foundation of a community that is fair, just, cohesive and inclusive.  The promotion and protection of human rights should be a key priority for the next Australian Government.  On the international stage, Australia has a proud bipartisan history in the development of human rights laws and institutions.  At home, [...]

Here is a selection of this week’s top Australian human rights news stories: Prisoner wins right to continue IVF treatment http://www.abc.net.au/news/stories/2010/07/09/2949773.htm Justice not served for custody death: Amnesty International http://www.abc.net.au/news/stories/2010/07/09/2949322.htm UN to review Aussie gender equality http://news.smh.com.au/breaking-news-national/un-to-review-aussie-gender-equality-20100712-1077h.html Time running out for stolen wage claims: QCU http://www.abc.net.au/news/stories/2010/07/12/2951191.htm Smith still backs asylum plan http://www.abc.net.au/news/stories/2010/07/13/2951683.htm Derryn Hinch: It [...]

Castles v Secretary to the Department of Justice [2010] VSC 310 (9 July 2010) On 9 July 2010, the Supreme Court of Victoria found that the plaintiff, Kimberley Castles, is entitled under s 47(1)(f) of the Corrections Act 1986 to undergo IVF treatment.  The finding overturns a decision by the Secretary of the Department of [...]

Australia is to be reviewed by the UN Human Rights Council through the Universal Periodic Review process in January 2011. A coalition of 68 NGOs - coordinated by the Human Rights Law Resource Centre, Kingsford Legal Centre and the National Association of Community Legal Centres - has submitted a 5 page Report to the UN Human Rights Council [...]

Here is a selection of this week’s top Australian human rights news stories: A leading QC has raised concerns about the extent of CCTV surveillance and intrusions on privacy: http://www.smh.com.au/opinion/society-and-culture/being-watched-constantly-is-too-high-a-price-for-safety-20100704-zvqr.html A Federal Court ruling which overturned an extradition order for a suspected war criminal has been criticized by human rights groups: http://www.abc.net.au/news/stories/2010/07/03/2943924.htm The Australian Government [...]

Australia is scheduled to be reviewed by the UN Committee on the Elimination of Racial Discrimination in relation to its compliance with the International Convention on the Elimination of All Forms of Racial Discrimination in Geneva in August 2010.  In July 2010, the Human Rights Law Resource Centre, together with the National Association of Community [...]

On 2 April 2009, the UN Human Rights Committee adopted Concluding Observations in respect of Australia’s compliance with its obligations under the International Covenant on Civil and Political Rights. On 6 July 2010, the Human Rights Law Resource Centre made a Follow-Up Submission on Implementation of the Human Rights Committee’s Concluding Observations on Australia.  The submission [...]

Here is a selection of this week’s top Australian human rights news stories: Lawyers file Palm Island discrimination claim: http://www.abc.net.au/news/stories/2010/06/27/2938130.htm Tasmanian Government could face legal action from inmates http://www.abc.net.au/news/stories/2010/06/25/2937498.htm Gillard may extend asylum freeze http://www.theage.com.au/national/gillard-may-spin-out-asylum-freeze-20100625-z9tb.html MP defends burka ban legislation http://www.abc.net.au/news/stories/2010/06/28/2938707.htm Aboriginal Legal Service ‘flabbergasted’ by death in custody decision http://www.abc.net.au/news/stories/2010/06/28/2938462.htm Deported cleric leaves Australia [...]

Australia is to be reviewed by the UN Human Rights Council through the Universal Periodic Review process in January 2011. A coalition of NGOs has prepared a 5 page report on human rights in Australia, setting out key issues and concrete recommendations.  The principal authors of the report are the Human Rights Law Resource Centre, [...]

Here is a selection of this week’s top Australian human rights news stories: OPI report reveals concerns that police cells breach international human rights standards: http://www.abc.net.au/news/stories/2010/06/24/2935812.htm and http://www.theage.com.au/victoria/human-rights-fall-through-cracks-in-police-cells-20100624-z3ij.html Time running out for sheikh facing deportation, despite request by the UN to postpone the order: http://www.smh.com.au/nsw/time-running-out-for-sheikh-told-to-leave-20100619-ynvs.html Just 0.2 per cent of refugees listed by the United Nations [...]

The Attorney-General and Minister for Foreign Affairs recently launched Australia’s Framework for Law and Justice in the Pacific.  The Framework is a high-level statement of priorities intended to guide Australia’s work in the Pacific law and justice sector.  The Framework commits Australia to help Pacific countries strengthen the rule of law and protect human rights.  [...]

On 18 June 2010, the Centre made a Submission to the Office of Police Integrity inquiry into the investigation of deaths associated with police contact.  The HRLRC submitted that in order to discharge its obligations under the Victorian Charter, the Government needs to establish a human rights-compliant framework for the investigation of deaths associated with [...]

Here is a selection of this week’s top human rights news stories – Rudd government’s leadership credentials on human rights have begun to fall apart: http://www.theaustralian.com.au/business/legal-affairs/how-labor-came-a-cropper-on-human-rights/story-e6frg97x-1225881085838 Australia named by the US State Department as a destination for human trafficking for sexual servitude and forced labour: http://www.heraldsun.com.au/news/sex-trade-report-shames-australia/story-e6frf7jo-1225881175204 Immigration Minister Chris Evans concerned about reports of tasers [...]

The Endorsement Draft of the NGO Shadow Report to the UN Committee on the Elimination of Racial Discrimination is now available. The report has been prepared over the last 5 months in consultation with a broad range of community organisations and NGOs in Australia and we hope that it will also be supported by even wider [...]

Here are some of the top human rights new stories from the past week – The Australian Government is demonstrating contempt for human rights and the rule of law in its proposal to deport a person despite a request from the UN Human Rights Committee – http://www.smh.com.au/opinion/politics/condemned-by-faceless-accusers-and-secret-evidence-20100606-xn26.html Immigration policy that incorporates mandatory detention, offshore processing [...]

On 2 June 2010, the Attorney-General introduced the Human Rights (Parliamentary Scrutiny) Bill 2010 and the Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Bill 2010 in the House of Representatives.  The Bills comprise key elements of the Government’s new ‘Human Rights Framework’ and have been referred by the Senate to the Legal and Constitutional Affairs Legislation [...]

On 3 June 2010, the UN Special Rapportuer on the Right to the Highest Attainable Standard of Health, Anand Grover, released his final report following a mission to Australia in November and December 2009.   The report focuses on the standard of living and quality of health care and health services for Aboriginal and Torres [...]

Here are some of the top human rights new stories from the past week – Offshore detention of asylum seekers faces High Court challenge: www.abc.net.au/news/stories/2010/06/02/2915665.htm Retiring Liberal backbencher, Petro Georgiou, attacks Labor and the Coalition over border protection policies and treatment of asylum seekers: http://www.abc.net.au/news/stories/2010/06/03/2917211.htm and http://www.theaustralian.com.au/news/nation/turning-boats-away-cruel-says-georgiou/story-e6frg6nf-1225875247711 Protesters gather in Canberra demanding the Federal Government overturn [...]

On 2 June 2010, the Attorney-General introduced the Human Rights (Parliamentary Scrutiny) Bill 2010, a key element of the Government’s new ‘Human Rights Framework’, in the House of Representatives.  The Bill establishes a Joint Parliamentary Committee on Human Rights, to be comprised of five members of the House of Representatives and five Senators, with two [...]

Here are some of the top human rights new stories from the past week – Victoria Police has confirmed the Ethical Standards Department is investigating two deaths in custody, following the death of a 55 year old man on 12 May and a 23 year old man on 24 May: http://www.abc.net.au/news/stories/2010/05/24/2907610.htm A Chinese man who [...]

The Human Rights Law Resource Centre has published a Joint Memorandum of Advice from three leading barristers (Debbie Mortimer SC, Chris Horan and Kathleen Foley) in relation to the lawfulness of the suspension of the processing of asylum claims made by Sri Lankan and Afghan nationals.  The detailed opinion concludes that the Australian Government’s policy is unlawful [...]

Here are some of the top human rights new stories from the past week – The Federal Government accused of ignoring international human rights conventions by deciding to deport a Sydney Muslim Shia cleric due to an adverse ASIO security finding: http://www.abc.net.au/news/stories/2010/05/17/2902016.htm Damning international report rejects the Rudd government’s assertion that it is now safe [...]

The 2010 Human Rights Dinner, presented jointly by the Human Rights Law Resource Centre and the Public Interest Law Clearing House, was held on 14 May 2010 at the Melbourne Convention and Exhibition Centre. The Dinner was addressed by Louise Arbour (President and CEO, International Crisis Group and former United Nations High Commissioner for Human [...]

Here are some of the top human rights new stories from the past week – Libya and Thailand elected to the UN Human Rights Council amidst criticism from human rights advocates: http://www.abc.net.au/news/stories/2010/05/14/2899063.htm Victorian government set to abolish suspended sentences for serious crimes in Victoria: http://www.theage.com.au/victoria/brumby-in-backflip-on-suspended-sentences-20100513-v1rh.html The majority of fatal police shootings involve people who have [...]

Here are some of the top human rights new stories from the past week – South Australian Liberal Senator Cory Bernardi calls for the Islamic headdress to be banned: http://www.adelaidenow.com.au/news/national/bernardi-calls-for-burqa-ban/story-e6frea8c-1225863347406 Julia Gillard bows to union pressure and introduces new protections to ensure the take-home pay of workers will not be reduced under the Rudd government’s [...]

Castles v Secretary of the Department of Justice & Ors [2010] VSC 181 (4 May 2010) The Supreme Court of Victoria has rejected an application by a female prisoner for an injunction restraining the Secretary of the Department of Justice from refusing to grant the permits and approvals necessary to access IVF treatment, contrary to [...]

On 3 May 2010, the Australian Parliament’s Human Rights Sub-Committee published a much anticipated report on Australia’s role in promoting and protecting human rights in the Asia-Pacific region, entitled Human Rights in the Asia-Pacific: Challenges and Opportunities.  The Committee identified that the ‘Asia-Pacific is a diverse and complex region with a mosaic of human rights [...]

The Australian Government has introduced proposed legislation to amend aspects of the counter terror legal regime.  On 30 April 2010, the HRLRC and Amnesty International made a joint submission to the Senate Standing Committee on Legal and Constitutional Affairs‘ inquiry into the two bills, namely the National Security Legislation Amendment Bill 2010 (the NSL Bill) [...]

Here are some of the top human rights new stories from the past week – More than one in every 100 Australians has been homeless in the last year and has sought emergency assistance, according to a new study by the Institute of Health and Welfare: www.abc.net.au/news/stories/2010/04/30/2886472.htm Hundreds of lawyers rally outside the Victorian Country [...]

Here are some of the top human rights new stories from the past week – Attorney-General rules out a Human Rights Act Op Eds: A charter of rights is divisive? The vast majority think not, by Frank Brennan Human Rights Framework: icing without the cake, by Philip Lynch Human rights reform – an opportunity missed, [...]

Here are some of the top human rights new stories from the past week – Senior weapons training officer from Victoria Police tells inquest that tasers could ignite capsicum spray if used together: http://www.abc.net.au/news/stories/2010/04/13/2871575.htm Australia’s changing demographic means courts increasingly have to deal with cultural traditions which involve violence against women, according to New South [...]

The HRLRC has made a submission to the Attorney-General’s Department on information to be included in the Australian Government’s report to the Universal Periodic Review.  The Australian Government has requested two-page submissions from the public to be provided by 16 April 2010. The HRLRC’s submission: addresses positive developments that should be included in the Australian [...]

Here are some of the top human rights new stories from the past week – Australia freezes Sri Lankan and Afghan asylum-seeker visa bids: http://www.theage.com.au/national/australia-freezes-sri-lankan-and-afghan-asylumseeker-visa-bids-20100409-rwbe.html National survey suggests one in four Australians believe that women falsify or exaggerate claims of rape and domestic violence: http://www.abc.net.au/news/stories/2010/04/07/2865967.htm People smuggling is ”totally out of control” in Indonesia says [...]

Director of Housing v Sudi [2010] VCAT 328 (31 March 2010) Justice Bell, sitting as President of the Victorian Civil and Administrative Tribunal, has held that the Director of Housing acted unlawfully under s 38(1) of the Charter in seeking, without adequate justification, to evict a refugee family from social housing in breach of their [...]

Here are some of the top human rights new stories from the past week – China fury at Australia’s Hu case criticism: http://www.abc.net.au/news/stories/2010/03/30/2860573.htm?site=news Former top judge slams Northern Territory Intervention: http://www.theage.com.au/national/former-top-judge-slams-nt-action-20100329-r8ax.html http://www.abc.net.au/news/stories/2010/03/30/2860050.htm?site=news Mediation in Victoria to decide a child’s best interests: http://www.theage.com.au/victoria/mediation-to-decide-a-childs-best-interests-20100331-revj.html Parental leave plan locked in as leader looks to long-term boost http://www.theaustralian.com.au/news/parental-leave-plan-locked-in-as-leader-looks-to-long-term-boost/story-e6frg6n6-1225847692166 Coroner [...]

The Samoan Government has appointed a Commission of Inquiry into the working of Article 11 of the Samoan Constitution, which protects the right to freedom of religion.  As it is currently drafted, Article 11 provides that every person has the right to freedom of thought, conscience and religion, and that laws restricting this right are [...]

Here are some of the top human rights new stories from the past week – Australian government accused of hypocrisy over its position on Stern Hu trial in light of secrecy provisions in Australia’s national security legislation: http://www.theage.com.au/victoria/terrorcase-lawyer-attacks-government-20100325-qzvt.html Declaration of Inconsistent Interpretation made by the Victorian Court of Appeal: http://www.theage.com.au/victoria/drugs-law-at-odds-with-rights-charter-judges-20100326-r084.html Our law enforcers must be [...]

Australia will be reviewed under the Universal Periodic Review (UPR) on 27 January 2011.  The UPR is a mechanism of the UN Human Rights Council which reviews the human rights records of all 192 United Nations Member States.   Australian Government’s Report The Australian Government has recently submitted its UPR Report to be UN Human Rights Council.  Click [...]

Here are some of the top human rights new stories from the past week – Victorian Supreme Court rules drug law breaches the right to the presumption of innocence under the Victorian Charter: http://www.abc.net.au/news/stories/2010/03/18/2849917.htm New counter-terrorism legislation to strike a balance between upholding civil rights and protecting the nation from terrorism, says Federal Attorney-General Robert [...]

On 9 March, the Equal Opportunity Bill 2010 was introduced into Victorian Parliament.  The proposed legislative reforms include the establishment of new mechanisms designed to respond to systemic discrimination and promote substantive equality.  The reforms respond to a major review of the Equal Opportunity Act 1995 conducted by Julian Gardner in 2007-2008 which found that [...]

In a landmark decision, R v Momcilovic [2010] VSCA 50 (17 March 2010), the Victorian Court of Appeal has unanimously held that: s 32(1) of the Charter is not a ‘special’ rule of statutory interpretation, but rather a statutory directive that requires all persons engaged in the task of statutory interpretation to ‘explore all possible [...]

XYZ v Victoria Police [2010] VCAT 255 (16 March 2010) In a significant decision, Bell J has held that the right to freedom of expression under s 15(2) of the Victorian Charter ‘incorporates a positive right to obtain access to government-held documents’.  His Honour found, however, that the Freedom of Information Act 1982 (Vic) is [...]

Here are some of the top human rights new stories from the past week – Senator Steve Fielding says the Government should send asylum seekers to refugee camps in other countries because they are “jumping the queue”: http://www.abc.net.au/news/stories/2010/03/11/2842736.htm Former PM Malcolm Fraser says the problems of people smuggling and asylum seekers cannot be solved in [...]

The United Nations Special Rapporteur on the human rights of Indigenous people has released a key report on the severe disadvantage suffered by Australia’s Aboriginal and Torres Strait Islander peoples.   The Special Rapporteur’s report focuses on the need for the Australian Government to ensure that Aboriginal people are included in decision making about matters that [...]

The legal obligation to respect, protect and fulfil human rights applies to all arms of government – legislative, executive and judicial – and directly engages the parliament.  Notwithstanding Australia’s international legal obligations, however, the Commonwealth has not established formal domestic mechanisms to ensure comprehensive parliamentary scrutiny of human rights. On 5 March 2010, therefore, the [...]

The UK Equality and Human Rights Commission has just released a major research report on ‘Developing a Bill of Rights for the UK’.  The report aims to ‘identify and explore best practice processes for developing a new Bill of Rights for the UK’.  The report analyses evidence from related domestic and international experiences (including the [...]

Here are some of the top human rights new stories from the past week – ANZ subsidiary denies involvement in partnership scheme to sponsor the Cambodian military: http://www.abc.net.au/news/stories/2010/03/04/2835925.htm ACTU concerned that Rudd government’s revamp of awards system will leave workers worse off: http://www.theaustralian.com.au/news/nation/actu-uneasy-over-revamp-of-awards-system/story-e6frg6nf-1225837143827 Assaults in Aboriginal families not reported for fear of losing kids: http://www.theaustralian.com.au/in-depth/aboriginal-australia/assaults-in-aboriginal-families-not-reported-for-fear-of-losing-kids/story-e6frgd9f-1225837137810 [...]

Here are some of the top human rights new stories from the past week – Habib case may set precedent for Aussie detainees: http://www.abc.net.au/news/stories/2010/02/26/2830783.htm UN Special Rapporteur labels Northern Territory Intervention racist: http://www.theage.com.au/national/intervention-in-nt-racist-un-envoy-20100224-p3ni.html Police to use Tasers in country Victoria from July 1: http://www.heraldsun.com.au/news/police-to-use-conducted-energy-devices-in-country-victoria-from-july-1/story-e6frf7jo-1225834335031 Terrorists to be ‘de-radicalised’ in NSW supermaximum prison: http://www.abc.net.au/news/stories/2010/02/25/2829559.htm?section=justin Refuge Council [...]

The announcement that Victoria Police will conduct a trial to roll-out Tasers to all uniformed and traffic management police in Bendigo and Morwell leaves vulnerable groups at risk of greater harm. “This announcement reflects the race to the bottom in the Victorian Government’s pre-election law and order agenda. We are seeing good, evidence-based policy being [...]

The United Nations Special Rapporteur on the human rights of Indigenous peoples, James Anaya, has released an advance copy of his Observations on the Northern Territory Emergency Response.  The report follows Mr Anaya’s official visit to Australia in August last year. While the Special Rapporteur acknowledges Australia’s efforts to address the conditions faced by many Aboriginal communities in [...]

Here are some of the top human rights new stories from the past week – Opposition leader Tony Abbott rejects the Government’s target to halve homelessness by 2020, stating instead that ‘the poor will always be with us’: http://www.theage.com.au/opinion/bible-bashing-the-homeless-abbott-style-20100215-o2tj.html Welfare quarantining under the Senate spotlight – Northern Territory Intervention is not working: http://newmatilda.com/2010/02/18/not-working A top [...]

Here are some of the top human rights new stories from the past week – Jesuit priest Father Frank Brennan has called on the nation’s churches to back a Charter of rights: http://news.smh.com.au/breaking-news-national/churches-urged-to-back-charter-of-rights-20100208-nn5g.html South Australian Government vows to ban all bikie gangs after a Hells Angel associate blew himself up with a bomb apparently intended [...]

The Australian Human Rights Commission has issued Draft Guidelines to provide practical assistance to Parliament and the Government in designing and implementing income management measures that protect human rights and are consistent with the Racial Discrimination Act 1975.  The HRLRC has made a submission providing feedback on the Draft Guidelines, which welcomes the Commission’s development of [...]

It is almost two years since the Rudd Government issued its historic Apology to the Stolen Generations.  Polling immediately prior to the Apology indicated that it remained a contentious and potentially divisive issue, with 55 per cent of Australians supporting the Government’s decision to say sorry and 36 per cent opposed.  Polling conducted in the [...]

Here are some of the top human rights new stories from the past week – South Australia outlaws anonymous political speech http://www.news.com.au/technology/south-australian-state-government-gags-internet-debate/story-e6frfro0-1225825750956 Refugee activists call on Australian Government to end Merak asylum stand-off http://www.abc.net.au/news/stories/2010/02/04/2810654.htm?site=news Inquiry should focus on alternatives to incarcerating Indigenous people http://www.humanrights.gov.au/about/media/media_releases/2010/7_10.html Court interpreter shortage in South Australia ‘unacceptable’ http://www.abc.net.au/news/stories/2010/02/01/2806615.htm Exemption from anti-discrimination [...]

The Senate Community Affairs Legislation Committee is conducting an inquiry into legislation currently before Parliament that seeks to reinstate the operation of the Racial Discrimination Act 1975 and expand income management to apply across the whole of Australia.  The Centre has made a submission to the Inquiry that considers the human rights principles and standards [...]

Here are some of the top human rights new stories from the past week – An international relations expert says Afghanistan wants to make an example of an Australian sentenced to death for the murder of his Afghan colleague http://www.abc.net.au/news/stories/2010/01/28/2803111.htm Opinion: Laws are the key to ending gender discrimination on boards http://www.theage.com.au/business/equality-in-the-workforce-would-be-good-for-us-all-so-lets-make-it-happen-20100128-n1up.html Beaten Sri Lankan presidential [...]

In January 2010, the Human Rights Law Resource Centre made a Submission to the Victorian Legislative Council Family and Community Development Committee’s inquiry into the adequacy and future directions of public housing in Victoria. The Centre submits that the future direction of public housing requires a holistic rights-based approach from government, based on the legislative [...]

Here are some of the top human rights new stories from the past week – Allegation that not all Sri Lankan asylum seekers are deserving of protection http://www.theage.com.au/national/not-all-sri-lankan-refugees-deserving-20100121-mo9i.html Victoria police targeting drunken and ‘anti-social’ behaviour in particular areas http://www.theage.com.au/national/police-to-target-drunks-20100121-mo9e.html A wounded Indian cab driver says the attack on him was not racist http://www.theage.com.au/national/wounded-driver-attack-not-racist-20100121-mo9j.html Aboriginal Australians [...]

The Severe Substance Dependence Treatment Bill 2009 (Vic), currently before Victorian Parliament, proposes to introduce short-term involuntary detention and treatment for persons with severe substance dependence in circumstances where it is necessary as a matter of urgency to save a person’s life or prevent serious damage to a person’s health.  The Human Rights Law Resource [...]

Here are some of the top human rights new stories from the past week – Refugees denied asylum on the basis of ASIO security checks – ASIO asked to make its security clearance process transparent http://www.abc.net.au/news/stories/2010/01/13/2791759.htm?section=justin Families separated after Tamil visa denial leaves refugee in no man’s land http://www.abc.net.au/news/stories/2010/01/12/2790781.htm Aboriginal elders to seek Prince William’s [...]

Here are some of the top human rights new stories from the past week – Police test new powers during weapons blitz in Melbourne’s west http://www.abc.net.au/news/stories/2010/01/07/2787355.htm Racism not ruled out in student attacks http://www.abc.net.au/news/stories/2010/01/07/2786997.htm Airline travellers to wear body scan cost http://www.theaustralian.com.au/news/nation/travellers-to-wear-body-scan-cost/story-e6frg6nf-1225817143294 ‘Racist’ fried chicken ad dumped after US outcry http://www.theage.com.au/national/racist-fried-chicken-ad-dumped-after-us-outcry-20100107-lwr5.html?autostart=1 Gay Labor activists slam [...]

In the course of the recent periodic review of Australia by the UN Human Rights Committee, one of the independent experts called on Australia to grasp its opportunity – and fulfil its obligation – to become a ‘AAA’ human rights state. This paper, entitled ‘Australia, Human Rights and Foreign Policy’ (2009) 34(4) Alternative Law Journal [...]

On 3 December 2009, the Centre made a Submission in response to the Australian Government’s Green Paper on electoral reform. The submission argues that Australia’s electoral system should reflect and implement Australia’s international human rights obligations, in particular by protecting and promoting the right to vote, freedom of expression, the right to participate in public [...]

Here are the top human rights new stories from the week – The Federal Court has recognised native title rights for almost 15,000 hectares of land south of Cairns in far north Queensland: http://www.abc.net.au/news/stories/2009/12/18/2775433.htm The Federal Government’s proposal for an internet filter faces a barrage of criticism, including from both sides of politics and a [...]

On 10 December 2009, the Centre released a paper entitled Human Rights Leadership: Initiatives to Promote Human Rights at Home and Abroad.  The paper, which was provided to the Federal Government in September, proposes 20 initiatives which Australia could take to strengthen a range of normative, preventative and remedial mechanisms to protect human rights at [...]

On 8 October 2009 the National Human Rights Consultation Committee recommended that Australia enact a Human Rights Act.  However, although the Consultation clearly demonstrated the right to adequate housing, health care and education are the ‘rights that matter most’ to Australians, the Committee further recommended that, if an Australian Human Rights Act enshrines social and [...]

A major report by the House of Representatives Standing Committee on Family, Community, Housing and Youth, tabled on 26 November 2009, recommends the enactment of new homelessness legislation which enshrines ‘the right of all Australians to adequate housing’.  The report, Housing the Homeless, contains 15 recommendations aimed at preventing and addressing homelessness in Australia.   [...]

The Victorian Government has introduced the Summary Offences and Control of Weapons Acts Amendment Bill, which will provide police with broad new powers to randomly search people in designated areas without any requirement that police officers have a reasonable suspicion of wrongdoing; to strip search people pre-arrest; and to move people on the basis of a [...]

In a letter to the Prime Minister, the Attorney General and Minister Macklin, the Human Rights Law Resource Centre has strongly urged the Rudd Government to immediately reinstate the operation of the Racial Discrimination Act 1975 (Cth) to apply to all measures of the Northern Territory Intervention.  The letter has been endorsed by more than [...]

In a submission to the Indigenous Affairs Minister, the Hon Jenny Macklin MP, the Human Rights Law Resource Centre has strongly urged the Minister not to exercise her discretionary power to compulsorily acquire Aboriginal town camps in Alice Springs.  In August this year, the Minister wrote to Alice Springs town camp residents giving notice of her proposal [...]

The ACT Government conducted an inquiry into the operation of the ACT Human Rights Act (the HR Act), and particularly sought input into the debate on protecting economic, social and cultural rights (ESC rights) within the HR Act.    The HRLRC made a submission to the inquiry, arguing that all ESC rights in the International Covenant [...]

Earlier this year the Federal Minister for the Status of Women announced a Review of the Equal Opportunity for Women in the Workplace and Agency (EOWA) and its underlying legislation (EOWW Act).  The review comes at a time when indicators show a decline in women’s workplace equality.    Currently, only 8.3% of Board Directorships are held [...]

The UN Committee on the Elimination of Racial Discrimination (‘CERD’) has requested that the Australian Government take urgent action to ensure that the Northern Territory Intervention complies with Australia’s obligations under the Convention on the Elimination of All Forms of Racial Discrimination.   In an Urgent Action Letter to Australia dated 13 March 2009, the [...]

The landmark Report of the National Human Rights Consultation, released by the Federal Government on 8 October 2009, recommends that Australia enact a comprehensive national Human Rights Act.  The report also recommends a range of other measures to protect human rights in Australia, including strengthening the Australian Human Rights Commission, enhancing human rights education, improving parliamentary scrutiny of human [...]

The Human Rights Law Resource Centre and Amnesty have made a Joint Submission to the Federal Attorney-General’s National Security Legislation Discussion Paper, which sets out the measures that the Government proposes to take to respond to a number of recent reviews of counter-terror laws. Amnesty and the HRLRC acknowledge that governments have a duty to [...]

The Senate Legal and Constitutional Affairs Committee is conducting an inquiry into the Migration Amendment (Complementary Protection) Bill 2009. Complementary protection is the protection owed by a State that falls outside the scope of the Refugee Convention.  Complementary protection obligations are found in the non-refoulement provisions of various human rights treaties, including the International Covenant [...]

In September 2009, the HRLRC prepared a Briefing Paper on Health and Human Rights in Australia for the UN Special Rapporteur on the Right to Health, Anand Grover, in advance of his country mission to Australia in November and December 2009. The Briefing Paper considers a range of issues regarding realisation of the right to [...]

On 11 September 2009, eight years after the events of the events of 11 September 2001, the HRLRC made a Submission to the Senate Legal and Constitutional Affairs Committee regarding the Anti-Terrorism Laws Reform Bill 2009 (Cth). The submission notes that, in those eight years, the Australian Government has introduced 44 pieces of ‘anti terrorism’ legislation. [...]

In August 2009, the Human Rights Law Resource Centre made a Submission to the Alice Springs Town Council in relation to the draft Alice Springs (Management of Public Places) Bylaws 2009. The HRLRC considers that the following provisions contained within the Proposed Bylaws raise serious human rights concerns for persons in the Alice Springs community: the [...]

In July 2009, the Australian Government released exposure draft legislation on proposed reforms to Australia’s extradition and mutual assistance in criminal matters laws.   In August 2009, the Centre made a Submission to the Attorney-General’s Department regarding the proposed reforms.  The submission considers the compatibility of proposed amendments to the Extradition Act 1988 (Cth) and the Mutual [...]

On 28 August 2009, the Centre made a Submission to the House of Representatives Standing Committee on Family, Community, Housing and Youth inquiry into proposed homelessness legislation for Australia.  Homelessness is a human rights issue and is both a cause and a consequence of poverty and other human rights violations.  Therefore, the Centre submitted that [...]

On 24 June 2009, the Marriage Equality Amendment Bill 2009 was lodged in the Senate by Greens Senator Sarah Hanson-Young.  The Bill seeks to amend the Marriage Act 1961 (Cth) so that: same-sex partners are able to marry; and same-sex marriages legally entered into in other jurisdictions are recognised in Australia.  The Senate voted to [...]

On 21 August 2009, the Centre made a short Submission to the UN Committee on the Elimination of Racial Discrimination for its consideration in the drafting of a General Recommendation on the issue of ‘special measures’, as provided in articles 1(4) and 2(2) of the International Convention on the Elimination of All Forms of Racial [...]

On 2 August 2009, the Centre made a Submission to the Senate Legal and Constitutional Affairs Committee on the Migration Amendment (Immigration Reform) Bill 2009. The Bill is intended to ’implement the Government’s New Directions in Detention policy to increase clarity, fairness and consistency in the way the Minister and the Department of Immigration and Citizenship respond [...]

On 27 July 2009, the Human Rights Law Resource Centre and the Public Interest Law Clearing House made a Joint Submission to the Senate Standing Committee on Finance and Public Administration in relation to the National Security Legislation Monitor Bill 2009.  The Bill establishes the National Security Legislation Monitor to review the operation, effectiveness and [...]

In July 2009, the HRLRC prepared a Briefing Paper on Key Human Rights Issues in Australia for Justice Yvonne Mokgoro, Judge of the Constitutional Court of South Africa, in advance of her visit to Australia in July-August 2009. The Briefing Paper considers a range of contemporary human rights issues in Australia, including: the current legal and [...]

Centre Granted Leave to Appear as Amicus Curiae in Victorian Court of Appeal On 22 July, the Centre was granted leave to appear and was heard as amicus curiae in the Victorian Court of Appeal in the matter of Momcilovic v R.  The matter concerns the application of the Charter and the interpretation of s 5 [...]

On 10 July 2009, the Centre and the Public Interest Law Clearing House made a joint submission to the Victorian Scrutiny of Acts and Regulations Committee Inquiry into Exceptions and Exemptions under the Equal Opportunity Act 1995 (Vic), entitled Eliminating Discrimination and Ensuring Substantive Equality.   Permanent Exceptions PILCH and the HRLRC submit that the permanent [...]

The Victorian parliamentary Scrutiny of Acts and Regulations Committee is currently conducting an inquiry into whether any amendments should be made to the permanent exceptions in the Equal Opportunity Act 1995 (Vic). The Act prohibits unlawful discrimination on the basis of protected attributes, including age, religious belief or activity, sex, race, sexual orientation, political belief, [...]

On 15 May 2009, the Human Rights Law Resource Centre made a submission to the National Human Rights Consultation entitled, A Human Rights Act for All Australians [PDF] [Word].  The submission calls for the enactment of a comprehensive Human Rights Act to enhance our democracy and protect fundamental values such as freedom, respect, dignity and [...]

UN Committee Calls on Australia to Invest in Human Rights in Landmark Report Historic First as Treaty Body Calls on Australia to Address Climate Change and Increase Foreign Aid The UN Committee on Economic, Social and Cultural Rights has urged Australia to make human rights a priority at a time when the global financial crisis [...]

The UN Committee on Economic Social and Cultural Rights will review Australia’s compliance with the International Covenant on Economic, Social and Cultural Rights in Geneva on 5 and 6 May 2009.  On 4 May 2009, a non-government delegation, comprising representatives from the Human Rights Law Resource Centre, the National Association of Community Legal Centres and Kingsford Legal Centre, will brief [...]

On 24 April 2009, the Human Rights Law Resource Centre made a submission to the National Human Rights Consultation entitled Engage, Educate, Empower: Measures to Promote and Protect Human Rights [PDF] [Word]. The Engage, Educate, Empower submission considers a range of measures to strengthen the protection and promotion of human rights in Australia and responds primarily to [...]

Compliance with obligations arising under both international and domestic human rights laws requires effective monitoring systems.  Currently, Australia is subject to periodic review by UN treaty bodies established under each of the ICCPR, ICESCR, CAT, CRPD, CEDAW and CERD.  These reviews provide an opportunity for a comprehensive analysis of the state of human rights in [...]

The UN Human Rights Committee has released its Concluding Observations following a review of Australia’s compliance with the International Covenant on Civil and Political Rights.  The Committee’s recommendations on Australia are the first since 2000 and an important test for the Rudd Government in light of its Security Council bid and its stated commitment to [...]

The UN Human Rights Committee will review the state of human rights in Australia in March 2009 in New York. On 16 and 23 March, the Committee will be briefed by a coalition of leading Australian human rights organisations, including the Human Rights Law Resource Centre, the National Association of Community Legal Centres and Amnesty International.  [...]

On 5 February 2009, the Senate ordered the review of Australia’s judicial system, the role of judges and access to justice. The Human Rights Law Resource Centre’s Submission to the Access to Justice Inquiry analyses and discusses the Terms of Reference with particular reference to the right to a fair hearing, as enshrined in art 14 [...]

In February 2009, the HRLRC made a Submission in response to a Corrections Regulations Exposure Draft 2009 (Vic) released by Corrections Victoria.  The current Corrections Regulations 1998 are due to sunset in May 2009.  The Proposed Regulations, together with a Regulatory Impact Statement, were released for public comment on 22 January 2009.  The submission addresses aspects [...]

On 8 May 2008 the Minister for Health announced a review of the Mental Health Act 1986 (Vic).  In December 2008 a Consultation Paper designed to stimulate discussion and raise key issues was released.  This submission by the Human Rights Law Resource Centre, Dignity, Equality, Freedom and Respect: A Human Rights-Based Approach to Mental Health [Word] [...]

, ‘The People No Longer Means All Australians’, The Age (Melbourne), 13 June 2006