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Our Work
The Federal Government’s “Stronger Futures” laws – which are intended to replace the Northern Territory Emergency Response laws – breach international human rights standards and must be reconsidered and redesigned. According to Ben Schokman of the Human Rights Law Centre, the proposed legislation is incompatible with the UN Declaration on the Rights of Indigenous Peoples [...]
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 [...]
In a submission to the Senate Legal and Constitutional Committee, the HRLC has recommended the enactment of the Crimes Amendment (Fairness for Minors) Bill 2011 (Cth). The Bill, introduced by Greens’ Senator Sarah Hanson-Young, responds to concerns about Australia’s treatment of children and persons claiming to be children who are suspected of people smuggling crimes. [...]
Australia’s anti-discrimination laws must be amended to comply with international human rights standards and contribute to a fairer, healthier, more inclusive and prosperous community. In a major submission to the Commonwealth Attorney-General, who is reviewing the laws, the Human Rights Law Centre has called for the Government to use this critical opportunity to address gaps [...]
On 24 January 2012, the Human Rights Law Centre released its submission in response to the Attorney-General Department’s discussion paper on the consolidation of federal anti-discrimination laws. The HRLC’s submission, Realising the Right to Equality, recommends simplifying, strengthening and updating the law to ensure that Australia fulfils its human rights obligations. The HRLC recommends the [...]
The Australian Constitution should be amended to recognise Aboriginal and Torres Strait Islander peoples and prohibit racial discrimination in line with key recommendations of an Expert Panel appointed by the Federal Government. “All political parties should show principled leadership and support the Expert Panel’s recommendations. The evidence is clear that Australians support equality, fairness, recognition [...]
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 [...]
Respect for human rights is the foundation of a community that is fair, just and inclusive. In our view, the promotion and protection of human rights should be a priority for the Australian Government and the office of the Attorney-General. Following Nicola Roxon’s appointment as Attorney-General on 15 December 2011, the Human Rights Law Centre prepared a Briefing Paper [...]
Australia’s new Attorney-General, Nicola Roxon, was sworn in on 14 December 2011. We asked some of Australia’s leading human rights advocates, activists and academics to tell us, in less than 100 words, what the Attorney’s top human rights priority or initiative for 2012 should be. We’ll be sharing more of them with you in the coming [...]
The United Nations Special Rapporteur on trafficking in persons, especially women and children, Joy Ngozi Ezeilo, has concluded her country visit to Australia. Ms Ezeilo conducted her official visit from 17 to 30 November to examine the situation of trafficked individuals and anti-trafficking measures in the country. Ms Ezeilo is an independent expert mandated by [...]
The Australian Government should take a leadership role in promoting and protecting human rights in the troubled Indonesian province of West Papua say two leading human rights organizations in a Joint Letter to the Foreign Minister, the Hon Kevin Rudd MP. Ahead of the 50th anniversary this Friday of the first raising of the West [...]
The passage of important legislation which requires the Federal Parliament to consider international human rights obligations when passing new laws has been warmly welcomed by the Human Rights Law Centre. “The Federal Parliament has today taken a critical step in respecting and promoting human rights,” said Ben Schokman, the HRLC’s Director of International Human Rights [...]
The Human Rights Law Centre has made a submission to the Productivity Commission calling for reform of Australia’s Export Finance and Insurance Corporation (‘EFIC’) to better promote and protect human rights. EFIC is the Australian Government provider of export credits, insurance, reinsurance, and other financial services that support Australian exports and overseas investments. Like most export [...]
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 [...]
Fix the Cluster Munition Prohibition Bill or victims won’t have a leg to stand on (15 Nov 2011) When Mohamad Hassan Sultan and four other boys were innocently watching rubble being removed from a house destroyed in a cluster bomb strike, a truck bumped a tree, dislodging a cluster bomb. It detonated by Mohamad’s feet and [...]
Australia is scheduled to be reviewed by the UN Committee against Torture for its compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2012-13. This page contains a summary of the HRLC’s key activities and developments in relation to this review. HRLC outlines further issues for Australia [...]
The Deterring People Smuggling Bill 2011 was introduced into Parliament on 1 November 2011. On 3 November 2011 the Senate referred the Bill for inquiry and report. The Bill amends the people smuggling offences in the Migration Act 1958. Existing sections 233A and 233C of the Migration Act establish a primary people smuggling offence and [...]
The UN Special Rapporteur on Trafficking in Persons, especially in women and children, is scheduled to undertake a country mission to Australia in November 2011. In preparation for that mission, and at the request of the UN Office of the High Commissioner for Human Rights, the Human Rights Law Centre and Anti-Slavery Australia prepared a [...]
The Victorian Government is currently reviewing the Charter of Human Rights and Responsibilities Act. This review could result in the Charter being strengthened and streamlined, weakened, or even repealed. The Government position is being coordinated by the Office of the Premier and the Department of Premier and Cabinet. It is likely that a decision on [...]
Given Victoria Police use force, on average, every 2.5 hours, it seems they might have achieved their monthly quota in the space of a Friday morning. An alarming statistic when one considers that the spike was due, not to a surge in knife crime or even petty theft, but a gathering of people seeking to [...]
A Human Rights Law Centre submission to the Independent National Security Legislation Monitor has called for comprehensive reform of Australia’s counter-terrorism laws and measures to enhance their effectiveness and to better respect and protect fundamental human rights. The Monitor was appointed under the Independent National Security Legislation Monitor Act 2010 (Cth) and is empowered to [...]
The HRLC has made a Submission to the Expert Panel on the recognition of Aboriginal and Torres Strait Islander peoples in the Australian Constitution. A national conversation about possible constitutional recognition presents an opportunity to strengthen the recognition, protection and promotion of the human rights of Aboriginal and Torres Strait Islander peoples in Australia. In its [...]
A coalition of leading human rights NGOs, coordinated by the Human Rights Law Centre, the Mental Disability Advocacy Center and the Open Society Justice Initiative, has prepared a major statement for the UN Office of the High Commissioner for Human Rights on strengthening access to remedies for violations of international human rights. The Joint NGO [...]
On 20 October 2011, a coalition of leading human rights NGOs, including the Human Rights Law Centre, Human Rights Watch and the Commonwealth Human Rights Initiative, sent an Open Letter to the Commonwealth Heads of Government [PDF] regarding the need to take urgent action on human rights in Sri Lanka at the forthcoming meeting of [...]
Victoria will become the first state in the developed, democratic world to substantially weaken the legal protection of human rights if the recommendations of a parliamentary committee on the future of the Victorian Charter of Human Rights are accepted. The Scrutiny of Acts and Regulations Committee today tabled its review of the Victorian Charter of [...]
On 21 April 2010, the Federal Government launched ‘Australia’s Human Rights Framework’, setting out a number of measures the Government intends to take to protect and promote human rights in Australia, including the commitment to develop a new National Human Rights Action Plan which is intended to “outline future action for the promotion and protection [...]
The Human Rights Law Centre has made a submission on proposed Victorian laws that would require adults who have custody or care for a child to take action if they believe the child is being abused (‘failure to protect laws’). The Centre is concerned about the impact of the proposed laws on women and children [...]
In a landmark decision, the High Court of Australia has upheld the validity, operation and importance of Victoria’s Charter of Human Rights. In the case of Momcilovic v The Queen & Ors [2011] HCA 34 (8 September 2011), the High Court held that the Charter protects fundamental human rights and maintains parliamentary sovereignty. By a [...]
Reform of the regulation, training and monitoring of police use of force is necessary to enhance community safety and ensure Victoria Police comply with human rights. Victoria Police use force, on average, every 2.5 hours. Almost three quarters of these incidents involve the use of capsicum spray. There have been at least 12 people shot [...]
VCAT did not have human rights jurisdiction in public housing matter: Court of Appeal strikes “collateral” blow to Victorian Charter Director of Housing v Sudi [2011] VSCA 266 (6 September 2011) Summary The Victorian Court of Appeal has decided that VCAT, in an application for a possession order under the Residential Tenancies Act 1997, did [...]
In a landmark decision, the United Nations Human Rights Committee has held that Australia violated the human rights of a permanent resident, and breached its international legal obligations, by cancelling his visa and deporting him to Sweden. Stefan Nystrom was deported from Australia on 29 December 2006 after the government cancelled his visa on the [...]
The HRLC has made a further submission to the review of the Victorian Charter in response to issues raised in other public submissions to the Scrutiny of Acts and Regulations Committee. The further submission addresses some of the views expressed in relation to the operation of the Victorian Charter that are unfounded in evidence or [...]
Australian law must be strengthened to prevent Australian officials from directly or indirectly exposing people to serious human rights violations, including torture and the death penalty. The Federal Parliament’s Standing Committee on Social Policy and Legal Affairs is currently examining a Bill to amend the Extradition Act and the Mutual Assistance in Criminal Matters Act. [...]
On 27 August 2010 the UN Committee on the Elimination of Racial Discrimination (Committee) adopted its Concluding Observations on Australia. The Committee asked Australia to follow up within 12 months with detailed information on three of the recommendations, concerning: the role and functions of the Race Discrimination Commissioner and the powers of the Australian Human [...]
Australia should consider “overarching human rights framework” for foreign policy, says parliamentary committee A joint parliamentary committee has recommended that the Department of Foreign Affairs and Trade attach further importance to human rights in its work. On 21 July, the Joint Committee on Foreign Affairs, Defence and Trade published its Review of the DFAT Annual [...]
P J B v Melbourne Health & Anor (Patrick’s case) [2011] VSC 327 (19 July 2011) Summary In this case, the Supreme Court of Victoria held that the Victorian Civil and Administrative Tribunal had both failed to interpret law consistently with human rights and had itself failed to act compatibly with human rights in appointing [...]
A coalition of leading international and domestic NGOs has presented a major paper to the UN Office of the High Commissioner for Human Rights on strengthening the UN human rights treaty bodies. The Pretoria Statement – which was prepared by NGOs including Amnesty International, the International Service for Human Rights, the Centre for Human Rights (South [...]
About the Review The Victorian Attorney-General recently announced a review of the Charter of Human Rights and Responsibilities Act 2006 (Victorian Charter) after four years of its operation. The review is to be conducted by the Scrutiny of Acts and Regulations Committee (SARC), which is due to report to Parliament by 1 October 2011. Further [...]
UN human rights bodies are an essential component of the international system for the promotion and protection of human rights, complementing the work of regional and domestic non-government organisations and national human rights institutions. At its 102nd session in Geneva, the UN Human Rights Committee held a dialogue with NGOs and NHRIs as to how [...]
On 6 July 2011, the Foreign Minister announced a comprehensive new strategy for Australia’s aid and development program. The strategy was developed in response to the report of a major independent review of the effectiveness and efficiency of Australia’s program. Launching the strategy, Minister Rudd outlined that “the fundamental purpose of Australian aid is to [...]
The HRLC has made a submission to the review of the Victorian Charter, which is being undertaken by the Scrutiny of Acts and Regulations Committee. Using an evidence-based approach, the HRLC has emphasised that the review should be used as an opportunity to strengthen the Charter and certainly not, in any way, to limit or [...]
About the Review The Victorian Attorney-General recently announced a review of the Charter of Human Rights and Responsibilities Act 2006 (Victorian Charter) after four years of its operation. The review is to be conducted by the Scrutiny of Acts and Regulations Committee (SARC), with the deadline for public submissions to the Committee NOW EXTENDED TO [...]
In June 2011, the Human Rights Law Centre collaborated with the Federation of Community Legal Centres, Darebin Community Legal Centre and Flemington & Kensington Community Legal Centre to publish a report entitled Effective, Transparent, Accountable: An Independent System to Investigate Police-Related Deaths in Victoria. Police-related deaths can occur in a range of ways including police [...]
Australia faced a hard sell to defend its human rights record when it appeared before the UN Human Rights Council in Geneva on 8 June 2011. Australia’s delegation delivered its formal response to 145 recommendations made as part of the UN’s Universal Periodic Review process, which reviews the human rights records of all 192 United [...]
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 [...]
On 31 May 2011, the UN Independent Expert on Human Rights and Foreign Debt tabled a report on his February 2011 country mission to Australia in the UN Human Rights Council. The mission focused on the human rights impacts and implications of Australia’s aid, development, trade and investment policies. The report contains 10 concrete recommendations for [...]
On 31 May 2011 the Centre made a submission to the Senate Legal and Constitutional Affairs Committee opposing the enactment of the Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011. The Bill, introduced in response to recent unrest in the Christmas Island and Villawood Immigration Detention Centres, broadens the already significant power [...]
On 30 May 2011, the UN High Commissioner for Human Rights, Navi Pillay, delivered her report on the global state of human rights to the UN Human Rights Council in Geneva. The report deals with a wide range of international human rights issues, including Australia’s policy of mandatory immigration detention and the ongoing issue of [...]
On 5 May 2011, the Victorian Equal Opportunity and Human Rights Commission’s 2010 Report on the operation of the Charter of Human Rights and Responsibilities, entitled Talking Rights, was tabled in Parliament. Each year, the Commission is required to submit a report to parliament which examines the operation of the Charter, including its interactions with [...]
On 1 and 2 May 2011 there were two police shootings in Victoria, one of which was fatal. In response, the Federation of Community Legal Centres, Flemington Kensington Community Legal Centre, Darebin Legal Centre and the Human Rights Law Centre wrote to three Victorian Ministers requesting that an independent body be properly empowered and resourced [...]
The Human Rights Law Centre’s paper, Advance Australia Fair: Addressing Systemic Discrimination and Promoting Equality, is intended to inform the Government’s consolidation of Federal anti-discrimination laws and focuses on the need for the law to contribute to a more equal society by recognising and addressing systemic discrimination. Overview and Summary There are four Federal statutes [...]
Australia’s human rights record was scrutinised by the UN Human Rights Council through the Universal Periodic Review Process in January 2011. During that review, a significant number of countries asked questions and made recommendations about Australia’s immigration policies and the practice of mandatory detention. Australia gave a preliminary oral response to those questions during the [...]
The Human Rights Law Centre (HRLC) has unveiled a new website, www.equalitylaw.org.au, to encourage and facilitate discussions about the Australian Government’s consolidation process of federal anti-discrimination laws. There are a number of federal anti-discrimination laws in Australia which aim to tackle discrimination on the basis of race, sex, disability and age. In April 2010, the [...]
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 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 [...]
Australia was 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. The UPR provides a significant opportunity for the Australian Government to improve the protection and promotion of human rights and to [...]
Human rights should be both a key goal and instrument of Australian foreign policy. As a goal, we should commit ourselves to promoting and protecting freedom, dignity, equality and justice for all as a key foreign policy priority. As an instrument, we should promote human rights to secure the underlying conditions for other goals, such [...]
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 [...]
The Australian Government has a legal obligation to implement key human rights reforms, according to a new submission from the Human Rights Law Centre [submission and annexure]. The submission to the Commonwealth Attorney-General’s Department considers each of 145 recommendations made to Australia by the international community during Australia’s Universal Periodic Review before the UN Human [...]
The Senate Scrutiny of Bills Committee is currently inquiring into its future role and direction. On 31 March 2011, the HRLC made a submission to the committee focusing on the appropriateness of the powers, processes and terms of references of the Scrutiny of Bills Committee, in light of the proposed new Parliamentary Joint Committee on Human Rights (the [...]
On 24 March 2011, an NGO delegation comprising the Human Rights Law Centre, Amnesty International Australia, the Australian Council for International Development, the Australian Forum of Human Rights Organisations and the Foundation for Aboriginal and Islander Research Action, met with the Foreign Minister, the Hon Kevin Rudd MP, to discuss human rights and Australian foreign policy. [...]
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 [...]
Over the last decade, prison numbers and spending in Victoria have increased significantly, with little evidence that this is making our community safer or is a sound investment. The Baillieu Government has the opportunity to shift from existing policies that are expensive, inefficient and ineffective and advance an evidence-based reform agenda that breaks the cycle [...]
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.
Loopholes in Australia’s extradition procedures need to be closed to prevent exposing people to human rights violations, the Human Rights Law Resource Centre has recommended to the Commonwealth Attorney-General’s Department.
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 [...]
On 21 April 2010, the Federal Government launched ‘Australia’s Human Rights Framework’, setting out a number of measures the Government intends to take to protect and promote human rights in Australia. Included in the Framework is the commitment to develop a new National Human Rights Action Plan which is intended to “outline future action for [...]
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 [...]
Click here for news on Follow Up and Implementation UPR Video Update No 8 featuring the Attorney-General Thematic Grouping of UPR Recommendations for Advocacy Purposes Outcomes Document – UN Human Rights Council’s Draft Report Monday, 31 January 2011 – Video Update No 7 on adoption of the Draft Report Friday, 28 January 2011 – Video [...]
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 [...]
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 [...]
Australia has been called on to enact a Human Rights Act, recognise same-sex marriage, abolish mandatory immigration detention and entrench Indigenous rights in the Constitution following a major international review before the UN Human Rights Council in Geneva. The review, known as the Universal Periodic Review, is a process which provides all 193 UN countries [...]
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 [...]
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 [...]
In November 2010, the Victorian Department of Health released an Exposure Draft of the Mental Health Bill 2010 for public comment. The current Mental Health Act 1986 (Vic) is more than 20 years old and reflects an outdated and inappropriate approach to the care and treatment of people with mental illness. The HRLRC has made [...]
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 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. The HRLRC has prepared a comprehensive submission, Towards a Tasmanian Charter of Human Rights, which recommends that a Tasmanian Charter have the [...]
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 [...]
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 [...]
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 [...]
Australia is due to be reviewed under the Universal Periodic Review on 27 January 2011. In July 2010, a coalition of non-government organisations (NGOs) from across Australia prepared a joint NGO submission to the Universal Periodic Review of Australia. The submission was prepared with substantial input and guidance from a high-level NGO Working Group and [...]
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 [...]
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 [...]
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 [...]
The HRLRC has made a submission to the Senate Legal and Constitutional Affairs Committee Inquiry into the Human Rights (Parliamentary Scrutiny) Bill 2010 and the Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Bill 2010. Notwithstanding gaps and deficiencies in the Government’s Human Rights Framework, the HRLRC welcomes the establishment of a Joint Parliamentary Committee on Human Rights [...]
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, [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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) [...]
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, [...]
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 [...]
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 [...]
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, [...]
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 [...]
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 [...]
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 [...]
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 [...]
On 27 May 2010, the Centre sent a letter to the Foreign Minister, Stephen Smith, in relation to the current review of the PNG-Australia Development Cooperation Treaty. In its letter, the Centre recalled the recent recommendation of the Joint Standing Committee on Foreign Affairs, Defence and Trade that AusAID ‘adopt a human rights-based approach to the [...]
On 28 May 2010, the Centre made a Submission to the Department of Foreign Affairs and Trade regarding implementation of the 2009 Concluding Observations on Australia by the UN Committee on Economic, Social and Cultural Rights. The Centre’s submission outlines practical steps and measures, including legislative, administrative and financial measures, for the Australian Government to improve [...]
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 [...]
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 [...]
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) [...]
Human rights education and parliamentary engagement with human rights will be enhanced under a new “Human Rights Framework” for Australia, announced by the Attorney-General on 21 April 2010 in response to the recommendations of the National Human Rights Consultation. However, the Rudd Government’s failure to commit to a comprehensive, national Human Rights Act — a key recommendation [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
The excessive use of force by police or inhumane treatment of persons in police custody undermines the integrity of a State’s operations. It also breaches the right to life and the right to freedom from torture and cruel, inhuman and degrading treatment (ill-treatment) which are protected by ss 9 and 10 of the Victorian Charter. [...]
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 [...]
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 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 [...]
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 [...]
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 [...]
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 [...]
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 15 December 2009, the Victorian Government passed new Regulations that declare the Adult Parole Board, the Youth Residential Board, and the Youth Parole Board (the Parole Boards) not to be “public authorities” for the purposes of the Charter of Human Rights and Responsibilities (the Victorian Charter). The effect of the Regulations is to allow [...]
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 [...]
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 [...]
On 20 November 2009, the HRLRC made a submission in relation to implementation of the Human Rights Committee’s Concluding Observations on Australia’s compliance with the ICCPR. The Attorney-General’s Department sought input from civil society on the implementation of the Committee’s recommendations made in March this year. The HRLRC’s submission provides a number of recommendations on [...]
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 Joint Standing Committee on Migration is conducting an inquiry into the health requirements undertaken for Australian visa processing. The current rules prevent many individuals and families from accessing visas because the applicant or a member of their family has a disability. The Centre made a submission to the inquiry arguing that that decisions to [...]
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 [...]
In November 2008, the Centre was granted leave to appear as amicus curiae in a matter concerning the meaning of ‘public authority’ under the Victorian Charter. This is a question of great significance, as it is public authorities who are bound to act compatibly with and give proper consideration to human rights. The issue arose [...]
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, [...]
In September 2009 the Optional Protocol to the ICSECR opens for signature. The Optional Protocol to the ICESCR establishes three important mechanisms for bringing violations of economic, social and cultural rights before the UN Committee on Economic, Social and Cultural Rights, namely an individual communication mechanism, an inter-state complaint mechanism and an inquiry procedure. On [...]
On 1 July 2009, the Centre made a submission to the Standing Committee on Procedure Inquiry into the effectiveness of House Committees, entitled Human Rights and Parliamentary Scrutiny. The submission focuses on the second and fourth of the Committee’s Terms of Reference namely, ‘the type of work being undertaken by committees’ and ‘the powers and [...]
On 29 June 2009, the Human Rights Law Resource Centre made a short submission to the Victorian Law Reform Commission’s inquiry into Surveillance in Public Places entitled Surveillance in Public Places: A Human Rights Perspective. Its primary recommendation is that the Victorian Law Reform Commission’s draft principles to guide public place surveillance be amended to [...]
Centre Granted Leave to Appear as Amicus Curiae in Right to Life Test Case On 17 June, the Centre was granted leave to appear as amicus curiae in the Victorian Supreme Court in the matter of Chief Commissioner of Police v Bryant (in his capacity as Coroner). The case concerned a coronial inquest into the [...]
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 [...]
On 3 June 2009, the Human Rights Law Resource Centre made a supplementary submission to the National Human Rights Consultation. The submission is in the form of a Memorandum of Advice from Brian Walters SC and Alastair Pound of Counsel commissioned by the Centre in relation to the relationship between a national Human Rights Act and [...]
Over the last month, there have been a number of high quality submissions to the National Human Rights Consultation calling for the enactment of a comprehensive Human Rights Act. These submissions include: Amnesty International Australia; Anglican Church of Australia, General Synod; ;Australian Centre for Human Rights Education at RMIT; Australian Human Rights Commission at http://www.humanrights.gov.au/legal/submissions/2009/200906_NHRC.html; [...]
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 Human Rights Law Resource Centre, together with Blake Dawson, has made a Submission to the Henry Review of Australia’s Tax System. The submission requests that the Review Panel recommend amending the Income Tax Assessment Act 1997 (Cth) to introduce a deductible gift recipient category for human rights organisations. Currently, the common law definition [...]
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 [...]
VCAT Makes Declaration of Breach of Human Rights in Major Charter Test Case On 23 April 2009, Justice Bell, President of the Victorian Civil and Administrative Tribunal, handed down a much anticipated decision which discussed in detail important aspects of the application and operation of the Charter. The case concerned the compulsory medical treatment of [...]
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 [...]
Engaging in the Debate Report Case Studies: How a Human Rights Act can promote dignity and address disadvantage Fact sheets Right-specific fact sheets Thematic fact sheets Other Resources Useful Reports Speeches 1. Engaging in the Debate Report The Human Rights Law Resource Centre, in conjunction with leading Australian law firm Allens Arthur Robinson, has produced [...]
Human rights belong to everyone. The case studies on this page show that human rights are not just for lawyers, celebrities and criminals; they are an important tool that can help create a more just society where everyone receives a fair go. The case studies illustrate how human rights laws can be used to encourage [...]
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 [...]
Types of Services and Resources Available The HRLRC can provide pro bono expert advice, assistance, resources and support to community legal centres, human rights organisations, non-profit organisations and marginalised or disadvantaged groups to pursue human rights litigation, policy analysis and advocacy, education, monitoring and reporting. This may include: human rights training and education; international and [...]
The purpose of this training workshop is to equip lawyers to educate workers in community organisations about the Charter. Specifically, the objectives of the workshop are that the participants should be able to: Understand human rights and how they are protected in the Charter Identify relevant human rights in real life scenarios Understand how the [...]
General Materials Comparative and International Materials Articles and Commentary – General Materials Simeon Beckett, ‘Interpreting Legislation Consistently with Human Rights’, Paper to the 2007 National Administrative Law Forum, 14-15 June 2007 Carlo Carli MP, ‘The Victorian Charter of Rights and Responsibilities and Scrutiny in Victoria’, Paper to the Australia NZ Scrutiny of Parliament Conference, August [...]
About the National Human Rights Consultation Why Australia Needs a Human Rights Act Myths and Misperceptions about a Human Rights Act 1. About the National Human Rights Consultation The National Human Rights Consultation announced by the Attorney-General on 10 December 2008 is an historic opportunity for individuals and communities throughout Australia to improve our democracy. The [...]
Make a written submission Attend a workshop or roundtable HRLRC Workshops Consultation Committee Roundtables Join the Australian Human Rights Group Join the campaign email list Make a donation to the Human Rights Law Resource Centre 1. Make a written submission Written submissions to the National Human Rights Consultation are due by 15 June 2009 and should [...]
Submission Toolkit Thematic Workshops Community Legal Centres Mental Health People with Disability Women Aboriginal peoples Migrants Older Persons Environmental organisations HRLRC’s Submission Toolkit Fact Sheet – About the National Human Rights Consultation Suggested template submissions for organisations and individuals Thematic fact sheets are on the Materials and Resources page Right-specific fact sheets are available on the [...]
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 Victorian Department of Justice, in conjunction with the Standing Committee of Attorneys-General, recently announced that it was working on a national model Bill for a spent convictions scheme and invited the HRLRC to make a submission in relation to a draft Bill. The purpose of a spent convictions scheme is broadly to limit the [...]
On 3 December 2008, following a consultation process, the National Interest Analysis on the Optional Protocol to the Convention on the Rights of Persons with Disabilities was tabled in Parliament. The National Interest Analysis supports and recommends that Australia accede to the Optional Protocol. The Centre previously made submissions to the National Interest Analysis supporting [...]
In January 2009, the Human Rights Law Resource Centre made a Submission to the Senate’s review of the Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 [Word] [PDF]. The submission commends the Australian Government on its commitment to improving the Disability Discrimination Act 1992 (Cth), but states that the amendments do not go [...]
In late 2008, the UN Committee on Economic, Social and Cultural Rights called for submissions on its draft General Comment 20 on Non-Discrimination. The draft General Comment examines the various obligations contained in article 2(2) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It also analyses the prohibited grounds of discrimination and makes [...]
In line with the Australian Government’s commitment to reclaim its ‘reputation as a leader in the international protection of human rights’, particularly in the Asia-Pacific, the Joint Standing Committee of Foreign Affairs, Defence and Trade is conducting an inquiry on human rights mechanisms in the Asia-Pacific. The Centre has made a Submission on Australia’s [...]
The Human Rights Law Resource Centre, in conjunction with leading Australian law firm Allens Arthur Robinson, has produced a comprehensive report to enable individuals and organisations to participate in the National Human Rights Consultation in an informed and evidence-based way. The report is not intended to be a position paper or submission, but rather to [...]
“It would clearly test to destruction the tolerance of the ordinary red-blooded Australian to have a Pom getting off the plane from London and telling them how to run their country. So I shall not presume to say how the current human rights debate in this country should be resolved. But perhaps I may contribute [...]
10 December 2008 marks the 60th anniversary of the Universal Declaration of Human Rights. The UDHR recognises that respect for human rights and the rule of law is the foundation of peace, justice, security and human development. Australia played an important and constructive role in the development of this historic instrument and subsequent international human [...]
During its 92nd and 93rd sessions held in March and July 2008 respectively, the Human Rights Committee initiated the drafting of a new General Comment on States parties’ obligations under the first Optional Protocol to the International Covenant on Civil and Political Rights. The Committee has sought comments on the Draft General Comment from interested [...]
Just a few months after ratifying the Convention on the Rights of Persons with Disabilities, the Australian Government has initiated a consultation on the Optional Protocol to the CRPD. In October, the HRLRC made a Submission to the National Interest Analysis in support of Australia’s ratification of the Optional Protocol. The Optional Protocol establishes two [...]
On 16 May 2008, the Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment issued its Concluding Observations on Australia. The Concluding Observations included 27 recommendations concerning Australia’s compliance with its obligations under the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The Australian Government has called for [...]
In September 2008, the Human Rights Law Resource Centre, together with the National Association of Community Legal Centres and Kingsford Legal Centre, submitted a major NGO report to the Human Rights Committee regarding Australia. The report, Freedom, Respect, Equality, Dignity: Action – NGO Submission to the Human Rights Committee [PDF] [Word], was compiled with the assistance of substantial [...]
The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women was tabled in parliament on 26 August 2008. In our September 2008 Submission to the Joint Standing Committee on Treaties, the Human Rights Law Resource Centre unreservedly supported Australia’s accession to the Optional Protocol. In addition, the HRLRC emphasised [...]
On 15 September 2008, the Centre made a Submission to the Senate Legal and Constitutional Affairs Committee on the Same-Sex Relationships (Equal Treatment in Commonwealth Laws–General Law Reform) Bill 2008. The purpose of the Bill is to eliminate discrimination against same-sex couples and the children of same-sex relationships in 68 Commonwealth laws. The Centre congratulates [...]
The Centre has made a Submission to the Senate Legal and Constitutional Committee in support of the Independent Reviewer of Terrorism Laws Bill 2008. The Centre considers that the operation, effectiveness and implications of terrorism laws should be subject to independent review to ensure that there is transparency in the manner in which those laws [...]
On 26 June 2008, the Senate referred to the Legal and Constitutional Affairs Committee the matter of the effectiveness of the Sex Discrimination Act 1984 (Cth) (SDA) in eliminating discrimination and promoting gender equality. The Centre’s submission focuses on the extent to which the SDA implements the non-discrimination obligations contained in international human rights law. [...]
On 29 May 2008, the Joint Standing Committee on Migration announced an inquiry into immigration detention in Australia. The Centre’s Submission to the Joint Standing Committee on Migration focuses on the need for Australia’s immigration detention regime to ensure the full implementation of Australia’s obligations under international human rights law. The Centre congratulates the Australian Government on its [...]
The Corrections Amendment Bill 2008 (Vic) was introduced to Parliament in July 2008. According to s 1 of the Bill, it ‘provides for the creation of prisoner compensation quarantine funds for the purpose of paying into those funds certain damages awarded to prisoners and to provide for the payments out of those funds of certain [...]
In August 2008, the Centre made a Submission to the Northern Territory Emergency Response Review Board in relation to the practical implications of the Northern Territory Emergency Response legislative package and related implementation measures. The submission identifies particular human rights issues arising from the NTER and recommends that a human rights approach be taken in [...]
In July and August 2008, the Human Rights Law Resource Centre ran a Human Rights Law, Advocacy and Campaigning Program. The training was intended for lawyers, advocates and workers in community legal centres, private law firms, Victoria Legal Aid, community organisations and NGOs with an interest in using human rights law in casework, advocacy and campaigning. [...]
In July 2008, the Human Rights Law Resource Centre, together with the PILCH Homeless Persons’ Legal Clinic and the Victorian Association for the Care and Resettlement of Offenders, made a Submission to the Parliament of Victoria Electoral Matters Committee Inquiry into Voter Participation and Informal Voting. The submission examines and discusses the following issues: the right to [...]
The Human Rights Law Resource Centre strongly supports Australia’s proposed accession to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Optional Protocol). The Optional Protocol establishes a system of regular visits to places of detention by both international and domestic independent expert bodies in order to [...]
In May 2008, the Victorian Government Department of Human Services commenced a broad review of mental health services. People with mental illness in Victoria experience discrimination within society and the health care system which causes significant social disadvantage. The review aims to shift focus from a response based on illness and acute intervention to one [...]
In June 2008, the Human Rights Law Resource Centre made a Submission regarding Australia’s accession to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (Optional Protocol). Australia has been a party to CEDAW since 1983. CEDAW codifies women’s right to non-discrimination and equality with men. The Optional [...]
The UN Committee Against Torture has issued its Concluding Observations on Australia following a review of Australia’s compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment at its 40th Session in Geneva in May 2008. The Human Rights Law Resource Centre prepared a major Report on Australia’s Compliance with the Convention against Torture [...]
In May 2008, the Human Rights Law Resource Centre and the Indigenous Law Centre sent a joint letter to the Australian Government regarding its position on the UN Declaration on the Rights of Indigenous Peoples. The letter welcomes the Australian Government’s commitment to consult with stakeholders about reversing its opposition to the Declaration and strongly recommends [...]
In November 2007, the Attorney-General initiated an independent review to make recommendations in relation to particular aspects of the Equal Opportunity Act 1995 (Vic). As part of the Review, the Reviewer, Julian Gardner, prepared a Discussion Paper which outlines the key questions to be considered by the Review. The Discussion Paper invited responses to a [...]
In April 2008 the Victorian Parliament Law Reform Committee released an issues paper calling for public submissions into its inquiry on vexatious litigants. The terms of reference for this inquiry included an examination of the efficacy of current vexatious litigant legislation. Since 1928 only 14 people have been declared vexatious litigants in Victoria. The Centre, together [...]
On 13 March 2008, the Centre wrote to the Attorney General, the Hon Rob McClelland MP, calling on the Australian Government to strongly support the negotiation and adoption of an effective, comprehensive complaints and inquiries mechanism for the ICESCR. Click here for a copy of the letter. The UN Working Group on the Optional Protocol to [...]
Sir Gerard Brennan, ‘The Constitution, Good Government and Human Rights’, Paper delivered at Human Rights Law Resource Centre Seminar, Melbourne, 12 March 2008.
The Human Rights Law Resource Centre has made a submission to the Commonwealth Attorney-General’s Department strongly supporting ratification of the UN Convention on the Rights of Persons with Disabilities and the Optional Protocol to the Convention. It is well recognized that people with disabilities are more vulnerable than the broader community to a range of [...]
On 6 February 2008, the Centre’s Director, Phil Lynch, gave evidence as an expert witness in support of a Freedom of Information application for access to a report prepared by the Corrections Inspectorate regarding separation orders and high security and management units in Victorian prisons. The matter is being heard in the Victorian Civil and [...]
In conjunction with Brian Walters SC, Neil McAteer of Counsel and Allens Arthur Robinson, the Centre prepared a Note on the Relevance of International Human Rights to Control Order Conditions in the case of David Hicks. The Note was used by Counsel for Mr Hicks in submissions to the Federal Magistrates’ Court on 18 February [...]
On 1 August 2007, the Human Rights Law Resource Centre made a submission, entitled Fostering a Human Rights Culture, to the Consultation Committee for the Proposed Western Australian Human Rights Act. The submission was prepared with substantial input from Allens Arthur Robinson, one of Australia’s leading commercial law firms. On 20 December 2007, the Consultation [...]
On 23 November 2007, the UN Committee on Economic, Social and Cultural Rights adopted General Comment 19 on the Right to Social Security under article 9 of the International Covenant on Economic, Social and Cultural Rights. A General Comment is an authoritative statement by a treaty body of the content and application of a particular [...]
In conjunction with the Mallesons Human Rights Law Group, in Octover 2007 the Centre assisted the Federation of Community Legal Centres (Vic) to make a Submission to the Victorian Government regarding the draft Family Violence Bill 2007, which provides for the making of interim and final family violence orders. The submission recommends that the draft [...]
In conjunction with Native Title Services Victoria and DLA Phillips Fox, on 8 October 2007, the Centre made a Submission to the Victorian Environmental Assessment Council regarding Indigenous land management and cultural practices in the River Red Gums Forests. The submission considers the application of the rights and obligations contained in the Charter of Human Rights [...]
In August 2007, the Brumby Government introduced legislation, the Justice Legislation Amendment Bill 2007, which, among other things, provides for: the interception or censorship of correspondence sent by or to prisoners; and the use of firearms by prison officers when prisoners are attempting to escape. The Bill was accompanied by a Statement of Compatibility under [...]
On 24 August 2007, the Centre made a Submission to the UN Committee against Torture in response to Draft General Comment No 2. The Draft General Comment is of significant importance to the normative development of international human rights law. Although the prohibition against torture is a non-derogable human right and a peremptory norm of [...]
On 21 August 2007, the UN Human Rights Committee released General Comment No 32 on the right to equality before courts and tribunals and to a fair trial under art 14 of the ICCPR. General Comment No 32 will be an important source of guidance on the interpretation and application of s 24 of the [...]
On 10 August 2007, the Centre made a submission to the Senate Legal and Constitutional Affairs Committee Inquiry into the Northern Territory National Emergency Response Bill 2007 and Related Bills. The submission focuses on the potential impact of the proposed legislation on Australia’s international human rights obligations, incuding in relation to the rights to non-discrimination, [...]
On 5 March 2007, the Centre commenced legal action in the High Court to challenge the constitutionality of legislation which removed the right of all sentenced prisoners to vote in federal elections. The plaintiff in the matter was Vickie Roach, an Aboriginal prsioner at the Dame Phyllis Frost Centre in Deer Park. The defendants were the Commonwealth [...]
In this paper, ‘What Difference can a Human Rights Charter Make?’, delivered to a joint seminar of the Human Rights Law Resource Centre and the Victorian Equal Opportunity and Human Rights Commission on 15 August 2007, Lord Robert Walker of the UK House of Lords reflects on his experience ‘judging’ human rights under the UK Human [...]
On 25 July 2007, the Australian Government submitted a report to the United Nations on the performance of its human rights obligations under the two major international human rights treaties, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. A coalition of human rights organisations and community groups, [...]
The Human Rights Law Resource Centre acts for Stefan Nystrom, Britt Nystrom and Annette Turner. Stefan Nystrom was born in 1973 and, until very recently, had lived permanently in Australia since he was 27 days old. He is a Swedish citizen but has no relevant ties to Sweden or any State other than Australia. On [...]
On 13 February 2007, the Human Rights Law Resource Centre made a submission to the Victorian Sentencing Advisory Council in response to their Discussion and Options Paper, entitled High-Risk Offenders: Post-Sentence Supervision and Detention. As the Paper identifies, a scheme of post-sentence supervision and detention may be incompatible with or infringe a range of human rights under [...]
On 8 February 2007, the HRLRC made a submission to the inquiry by Federal Parliament’s Joint Standing Committee on Treaties into the recently signed security treaty with Indonesia. Known as the ‘Lombok Treaty’ and tabled on 6 December 2006, the Treaty provides a framework for security cooperation between Australia and Indonesia, including provisions on defence, [...]
On 21 December 2006, the Centre made a submission to the Victorian Law Reform Commission Civil Justice Review entitled, The Right to a Fair Hearing: The Relevance of the Charter of Human Rights and Responsibilities Act 2006 (Vic) to Civil Justice. The submission considers the impact that the Victorian Charter, specifically the right to a ‘fair [...]
Report to and Request for Action from UN Special Rapporteurs From 31 July to 16 August 2006, the UN Special Rapporteur on the Right to Adequate Housing conducted an official country visit to Australia. In his Preliminary Observations regarding implementation of the right to adequate housing, the Special Rapporteur noted that there is a ‘serious, [...]
In November 2006, the Human Rights Law Resource Centre and Blake Dawson Waldron made a joint submission to the Victorian Law Reform Commission Civil Justice Review, entitled ‘Why are Non-Parties Non-Starters? A Call for Clearer Procedures and Guidelines for Amicus Curiae Applications in Victoria’. The submission sets out: the distinction between amici curiae, interveners and [...]
On 29 November 2006, the HRLRC, with the substantial pro bono assistance of Allens Arthur Robinson, made a submission to the Tasmanian Law Reform Institute inquiry into the need for a Charter of Rights in Tasmania. On 12 October 2007, the Tasmanian Law Reform Institute published its Report on A Charter of Rights for Tasmania. [...]
On 30 November 2006, the Human Rights Law Resource Centre, on behalf of the Aboriginal and Torres Strait Islanders Legal Services Network, the Castan Centre for Human Rights, the Foundation for Aboriginal and Islander Research and Action, the Human Rights Law Resource Centre, the National Association of Community Legal Centres Human Rights Network, the North [...]
Urging or Supporting Unfair Trial of David Hicks may Constitute a War Crime In November 2006, a group of eminent Australian lawyers prepared an Opinion about the continued detention of David Hicks in Guantanamo Bay and his proposed trial by a Military Commission. The Opinion has potentially alarming implications for the Federal Government and its Ministers. [...]
On 30 November 2006, the HRLRC ran a workshop with Malcolm Langford of the Centre on Housing Rights and Evictions on ‘Economic, Social and Cultural Rights: Advocacy, Litigation and Implementation Strategies’. Click here for a copy of Malcolm Langford’s presentation.
On 3 October 2006, the Centre made a submission regarding the relevance of international human rights to the Commonwealth Attorney-General’s review of Australia’s mutual assistance policy and practice. ‘Mutual assistance’ is the formal process that countries use to request or render assistance in the investigation and prosecution of criminal offences. On 30 March 2006, the [...]
On 19 October 2006, in conjunction with Victoria Legal Aid and Chris Boyce of Counsel, the Centre made submissions to the Victorian Court of Appeal in an appeal against sentence. The submissions pertained to the relevance of international human rights standards to the sentencing of a person with a mental illnedd. MDJ was diagnosed with chronic [...]
On 3 August 2006, the Human Rights Law Resource Centre wrote to various UN Special Rapporteurs in relation to the situation of Mr Amer Haddara, Mr Shane Kent, Mr Izzydeen Attik, Mr Fadal Sayadi, Mr Abdullah Merhi, Mr Ahmed Raad, Mr Ezzit Raad, Mr Hany Taha, Mr Aimen Joud, Mr Shoue Hammoud, Mr Majed Raad, [...]
On 3 July 2006, the HRLRC filed an affidavit and submissions in support of an application for leave to appear as amicus curiae in the Victorian Court of Appeal in case of Joseph Thomas v The Queen. Attached are the following documents: Affidavit of Philip Lynch; Summary Outline of Proposed Substantive Submissions; Outline of Proposed Submissions [...]
In June 2006, the HRLRC made a submission to the Human Rights and Equal Opportunity Commission’s inquiry into discrimination in access to financial and work-related benefits and entitlements for same-sex couples. The HRLRC submission considered a range of domestic legislation conferring such benefits and entitlements in the light of international human rights jurisprudence, and expressed [...]
This submission examines and discusses the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006, particularly so far as it provides for offshore detention of those deemed to be designated unauthorised arrivals, and an alternative method of processing such asylum seekers which does not: provide them access to legal assistance; allow for merits review; and allow for [...]
Attached is a submission by the by the Human Rights Law Resource Centre Ltd (‘HRLRC’) to the Senate Finance and Public Administration Legislation Committee Inquiry into the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005. The HRLRC aims to bring the influence of international human rights norms and principles to bear on [...]
This submission by the Human Rights Law Resource Centre Ltd to the Corporations and Markets Advisory Committee considers the issue of corporate social responsibility in a human rights framework. The submission contends that corporations have the potential and capacity to, on the one hand, contribute significantly to, and on the other hand, derogate significantly from, human rights in [...]
On behalf of the HRLRC, Allens Arthur Robinson has prepared a Human Rights Education Strategy Report (‘Report’). The Report is an excellent summary of human rights education programs in South Africa, the United Kingdom, the Australian Capital Territory and New Zealand. With recent experience from those jurisdictions demonstrating that education is critical to the effective [...]
This Communication to the UN Human Rights Committee under the First Optional Protocol to the International Covenant on Civil and Political Rights was prepared and submitted by the Public Interest Law Clearing House (Vic) on behalf of an asylum seeker alleging violations of the right to freedom from torture pursuant to art 7 and the [...]
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