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Latest News
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 Feller
http://www.theage.com.au/opinion/politics/detention-centres-and-restrictions-on-movement-solve-nothing-20100829-13xhf.html
Women now make up 10% [...]
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 Racial [...]
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 Leave [...]
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 for [...]
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 full-time student
RSVP: 13 September 2010 (Use booking form attached – numbers are [...]
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 Ltd:
http://www.theage.com.au/national/habib-gets-5000-from-news-ltd-20100819-12s1y.html
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 Knight wins right to prison file:
http://www.theage.com.au/victoria/paroleseeking-knight-wins-right-to-prison-file-20100811-11yye.html
Row over the redesign of Victoria’s [...]
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 Northern [...]
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 the Commonwealth [...]
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
The traditional image [...]
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 taxi.
In 1990, XFJ [...]
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 Island to [...]
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 [...]
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) Act [...]
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 successful refugee [...]
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, the [...]
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 was wrong of me to [...]
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 Justice [...]
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 on [...]
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 welcomes the establishment [...]
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 Legal [...]
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 updates [...]
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
http://www.sbs.com.au/news/article/1289127/Deported-cleric-leaves-Australia
PM looks to a regional [...]
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, Kingsford [...]
Policy Brief on Human Rights in the Asia-Pacific: Australia’s Role and Responsibilities (28 June 2010)
As the Federal Government prepares its response to the report of the Joint Parliamentary Committee on Foreign Affairs, Defence and Trade, ‘Human Rights and the Asia-Pacific: Opportunities and Challenges’, this policy brief on ‘Human Rights in the Asia-Pacific: Australia’s Role and Responsibilities’ [...]
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 High Commissioner for [...]
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. It [...]
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 being inappropriately used [...]
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 range [...]
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 and a [...]
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 Strait [...]
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 a decision to [...]
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 primary [...]
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 was seen [...]
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 under [...]
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 for Tamil [...]
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 Rights) [...]
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 suffered from mental [...]
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 new streamlined [...]
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 the [...]
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 challenges’ [...]
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 Court demanding [...]
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, by Edward Santow
Stance on human [...]
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 Wales Chief Justice [...]
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 Government’s report; [...]
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 the United Nations High Commissioner [...]
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 right [...]
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 proposes limits to police pursuits:
http://www.abc.net.au/news/stories/2010/03/31/2861126.htm?site=news
Unions to appeal 38-hour ruling:
http://www.theaustralian.com.au/business/unions-to-appeal-38-hour-ruling/story-e6frg8zx-1225847686936
Unfettered stop [...]
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 blind to race: up to [...]
Australia will be reviewed under the Universal Periodic Review (UPR) in February 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.
NGO Involvement
NGOs can provide information to the UN Human Rights Council on Australia’s human rights record. NGOs must limit [...]
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 McClelland:
http://www.theaustralian.com.au/news/nation/security-laws-strengthened-for-terror-fight/story-e6frg6nf-1225842551764
Immigration Department denies [...]
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 Victoria’s [...]
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 interpretations [...]
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 substantively [...]
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 boat-by-boat negotiations with [...]
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 affect [...]
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 Centre made [...]
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 ACT, [...]
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
Coroner: Cassidy inquest into the police shooting [...]
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 urges Australia to expand refugee intake:
http://www.abc.net.au/news/stories/2010/02/24/2828438.htm?section=justin
Call for conscience vote [...]
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 discarded [...]
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 the [...]
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 global official on refugees has [...]
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 for a rival [...]
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 laws to promote Indigenous jobs
http://www.abc.net.au/news/stories/2010/02/03/2808872.htm?site=news
Protest house project to [...]
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 that [...]
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 candidate Sarath Fonseka says he [...]
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 entrenchment [...]
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 accuse Russian ice skaters of ‘cultural theft’ [...]
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 Centre [...]
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 help to return remains of [...]
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 NSW adoption ruling
http://www.theaustralian.com.au/news/gay-labor-activists-slam-nsw/story-e6frg6n6-1225817137861
http://www.abc.net.au/news/stories/2010/01/08/2788027.htm?section=justin
Development of new representative body for Aboriginal [...]
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 218, responds [...]
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 affairs [...]
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 former High [...]
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.
According [...]
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 to [...]
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 by [...]
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 Committee [...]
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 rights, [...]
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 protect [...]
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 on [...]
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 health [...]
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. It [...]
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 provision relating [...]
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 Assistance [...]
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 the [...]
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 send the Bill [...]
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 to [...]
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 political context [...]
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 of the [...]
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 exceptions to [...]
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, impairment [...]
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 threatens the [...]
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 the [...]
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 the [...]
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 Australia [...]
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 [...]
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 of [...]
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 of [...]
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] [PDF], focuses [...]
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