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International Human Rights Mechanisms
The United Nations Special Rapporteur on the human rights of Indigenous people has released a
key report on the severe disadvantage suffered by Australia’s Aboriginal and Torres Strait Islander peoples.
The Special Rapporteur’s report focuses on the need for the Australian Government to ensure that Aboriginal people are included in decision making about matters that affect [...]
The legal obligation to respect, protect and fulfil human rights applies to all arms of government – legislative, executive and judicial – and directly engages the parliament.
Notwithstanding Australia’s international legal obligations, however, the Commonwealth has not established formal domestic mechanisms to ensure comprehensive parliamentary scrutiny of human rights.
On 5 March 2010, therefore, the Centre made [...]
The 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 [...]
In the course of the recent periodic review of Australia by the UN Human Rights Committee, one of the independent experts called on Australia to grasp its opportunity – and fulfil its obligation – to become a ‘AAA’ human rights state.
This paper, entitled ‘Australia, Human Rights and Foreign Policy’ (2009) 34(4) Alternative Law Journal 218, responds [...]
On 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 Committee [...]
In September 2009, the HRLRC prepared a Briefing Paper on Health and Human Rights in Australia for the UN Special Rapporteur on the Right to Health, Anand Grover, in advance of his country mission to Australia in November and December 2009.
The Briefing Paper considers a range of issues regarding realisation of the right to health [...]
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 1 [...]
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 operations [...]
UN Committee Calls on Australia to Invest in Human Rights in Landmark Report
Historic First as Treaty Body Calls on Australia to Address Climate Change and Increase Foreign Aid
The UN Committee on Economic, Social and Cultural Rights has urged Australia to make human rights a priority at a time when the global financial crisis threatens the [...]
The UN Committee on Economic Social and Cultural Rights will review Australia’s compliance with the International Covenant on Economic, Social and Cultural Rights in Geneva on 5 and 6 May 2009.
On 4 May 2009, a non-government delegation, comprising representatives from the Human Rights Law Resource Centre, the National Association of Community Legal Centres and Kingsford Legal Centre, will brief the [...]
On 24 April 2009, the Human Rights Law Resource Centre made a submission to the National Human Rights Consultation entitled Engage, Educate, Empower: Measures to Promote and Protect Human Rights [PDF] [Word].
The Engage, Educate, Empower submission considers a range of measures to strengthen the protection and promotion of human rights in Australia and responds primarily to the [...]
Compliance with obligations arising under both international and domestic human rights laws requires effective monitoring systems.
Currently, Australia is subject to periodic review by UN treaty bodies established under each of the ICCPR, ICESCR, CAT, CRPD, CEDAW and CERD. These reviews provide an opportunity for a comprehensive analysis of the state of human rights in Australia [...]
The UN Human Rights Committee has released its Concluding Observations following a review of Australia’s compliance with the International Covenant on Civil and Political Rights. The Committee’s recommendations on Australia are the first since 2000 and an important test for the Rudd Government in light of its Security Council bid and its stated commitment to [...]
The UN Human Rights Committee will review the state of human rights in Australia in March 2009 in New York.
On 16 and 23 March, the Committee will be briefed by a coalition of leading Australian human rights organisations, including the Human Rights Law Resource Centre, the National Association of Community Legal Centres and Amnesty International. On [...]
On 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 comments [...]
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 parties, [...]
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 procedures [...]
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 submissions from [...]
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 contributions [...]
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 that [...]
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 prevent [...]
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 Protocol to [...]
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 (April [...]
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 that [...]
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 [...]
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 deprivations [...]
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 customary international [...]
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 Victorian [...]
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, including [...]
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 22 December [...]
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 of [...]
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, hidden [...]
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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