Health

Women’s Rights: Submission to UN CESCR on Draft General Comment on Sexual and Reproductive Health (11 Nov 2010)

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 [...]

Race Discrimination: UN Committee Releases Report and Recommendations on Australia (28 August 2010)

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 [...]

Landmark Supreme Court Decision on Right to Humane Treatment in Detention and Prisoner Access to Healthcare (13 July 2010)

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 [...]

Universal Periodic Review: Joint NGO Report on Australia (12 July 2010)

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 [...]

Right to Health: UN Special Rapporteur Releases Report on Australia – Focus on Indigenous Health and Detainee Health (4 June 2010)

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 [...]

ESC Rights: Implementation of the Concluding Observations of the UN Committee on Economic, Social and Cultural Rights (28 May 2010)

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 [...]

Supreme Court Orders Speedy Trial to Determine Prisoner’s Eligibility to Access IVF Treatment under Victorian Charter (5 May 2010)

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 [...]

Human Rights Safeguards Needed under Severe Substance Dependence Treatment Bill (Jan 2010)

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 [...]

Right to Health: Briefing Paper on Australia to UN Special Rapporteur on the Right to Health (Sept 2009)

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 [...]

Mental Health: Kracke v Mental Health Review Board & Ors (April 2009)

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 [...]

Mental Health: Submission to Review of Mental Health Act 1986 (Vic) (Feb 2009)

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] [...]

Mental Health: Submission on Review of Victorian Mental Health Strategy (July 2008)

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 [...]

Mental Health: Michael David Jones v R – Relevance of Human Rights to Sentencing of Prisoner with Mental Illness (Oct 2006)

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 [...]

Paul Hunt – ‘Taking Economic, Social and Cultural Rights Seriously’, Speech to the 2006 HRLRC Dinner (29 April 2006)

Paul Hunt (UN Special Rapporteur on the Right to Health), ‘Taking Economic, Social and Cultural Rights Seriously’, Speech to the 2006 Human Rights Dinner of the Human Rights Law Resource Centre Ltd on 29 April 2006 in Melbourne.