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Focus Areas – Equality Rights
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 [...]
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 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 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 [...]
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 [...]
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 [...]
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 [...]
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 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 [...]
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 [...]
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 [...]
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 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 [...]
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.
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 [...]
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 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 [...]
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 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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 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, [...]
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 [...]
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 [...]
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 [...]
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. [...]
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 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 [...]
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 [...]
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 [...]
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 [...]
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 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 [...]
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