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International Human Rights Mechanisms
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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.
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 [...]
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 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 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 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 [...]
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 [...]
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 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 [...]
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 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 [...]
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 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 [...]
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 [...]
UN Committee Calls on Australia to Invest in Human Rights in Landmark Report Historic First as Treaty Body Calls on Australia to Address Climate Change and Increase Foreign Aid The UN Committee on Economic, Social and Cultural Rights has urged Australia to make human rights a priority at a time when the global financial crisis [...]
The UN Committee on Economic Social and Cultural Rights will review Australia’s compliance with the International Covenant on Economic, Social and Cultural Rights in Geneva on 5 and 6 May 2009. On 4 May 2009, a non-government delegation, comprising representatives from the Human Rights Law Resource Centre, the National Association of Community Legal Centres and Kingsford Legal Centre, will brief [...]
On 24 April 2009, the Human Rights Law Resource Centre made a submission to the National Human Rights Consultation entitled Engage, Educate, Empower: Measures to Promote and Protect Human Rights [PDF] [Word]. The Engage, Educate, Empower submission considers a range of measures to strengthen the protection and promotion of human rights in Australia and responds primarily to [...]
Compliance with obligations arising under both international and domestic human rights laws requires effective monitoring systems. Currently, Australia is subject to periodic review by UN treaty bodies established under each of the ICCPR, ICESCR, CAT, CRPD, CEDAW and CERD. These reviews provide an opportunity for a comprehensive analysis of the state of human rights in [...]
The UN Human Rights Committee has released its Concluding Observations following a review of Australia’s compliance with the International Covenant on Civil and Political Rights. The Committee’s recommendations on Australia are the first since 2000 and an important test for the Rudd Government in light of its Security Council bid and its stated commitment to [...]
The UN Human Rights Committee will review the state of human rights in Australia in March 2009 in New York. On 16 and 23 March, the Committee will be briefed by a coalition of leading Australian human rights organisations, including the Human Rights Law Resource Centre, the National Association of Community Legal Centres and Amnesty International. [...]
On 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 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 [...]
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 [...]
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 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 [...]
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 [...]
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 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 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 [...]
The Australian Government should urgently reconsider key aspects of its counter-terrorism laws to bring them into conformity with international human rights standards, a UN report on human rights and counter-terrorism in Australia which was tabled before the UN Human Rights Council in Geneva on 26 March 2007 has found. The Centre has prepared a Summary [...]
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, [...]
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 [...]
Prof Ivan Shearer, ‘The UN Human Rights Committee: A Final Court of Appeal for Australia?’, Presentation at the ‘Remedying Violations of Human Rights’ seminar convened by the Human Rights Law Resource Centre Ltd on 4 October 2006 in Melbourne.
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, [...]
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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