Posts tagged Discrimination & Equality
Disability Royal Commission urged to recommend a Charter of Human Rights

A joint submission by People With Disability Australia (PWDA), Children and Young people with Disability Australia and the Human Rights Law Centre, has outlined the importance of an Australian Charter of Human Rights for people with a disability and the need for human rights to be at the heart of government laws, policies and services. 

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Case challenging age pension discrimination for Aboriginal and Torres Strait Islander people heads to Full Federal Court

The Federal Court has ordered that a case against the Federal Government, seeking fair and equal access to the age pension for Aboriginal and Torres Strait Islander people, will be heard by the Full Court of the Federal Court later this year to determine important questions of law.

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Major UN human rights review highlights need for Australia to raise the age of criminal responsibility

Australia’s human rights performance was in the spotlight tonight as the Australian Government appeared before the UN Human Rights Council in Geneva for its major human rights review that happens every four to five years.


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Australia’s human rights record under scrutiny at major UN human rights review

Australia’s human rights performance will be in the spotlight tonight as the Australian Government appears before the Human Rights Council in Geneva for its major human rights review that happens every four to five years.


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Increased police powers must not be free kick for discrimination

In response to Premier Andrew’s declaration of a state of disaster in Victoria, Aboriginal and Torres Strait Islander, legal and human rights organisations are calling for strong safeguards to ensure that police powers are exercised fairly and proportionately during the public health crisis.

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Andrews Government must fix laws to tackle rising hate in Victoria

The Andrews Government must take a stand against rising hate in the Victorian community, say a coalition of Union, civil society, faith-based and human rights groups who will give evidence on Wednesday to a Parliamentary Inquiry considering proposed changes to Victoria’s anti-vilification laws.

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UN calls for Australia to urgently decriminalise abortion and end offshore detention to improve women’s rights

The Australian Government has been urged to improve its track record on women’s rights overnight by an expert UN Committee on women’s rights.

The UN Committee on the Elimination of Discrimination against Women made its criticism after a robust review earlier this month to assess Australia’s progress on ending discrimination against women.

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Senate Committee told Government’s remote work for the dole program is racially discriminatory

Aboriginal and Torres Strait Islander people in remote communities are being denied basic rights and fair payment for work as a result of a racially discriminatory Federal Government program. That was the message the Human Rights Law Centre had for the Senate Committee examining the appropriateness and effectiveness of the Government’s remote work for the dole program.

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Federal Government’s changes to welfare laws will give too much power over remote communities to an unelected bureaucrat

The Federal Government’s Welfare Reform Bill contains unfair and needlessly punishing measures, while giving too much power over the lives of Aboriginal and Torres Strait Islander people in remote communities to an unelected bureaucrat, the Human Rights Law Centre has told a Senate inquiry.

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Aboriginal and Torres Strait Islander people denied basic rights through Federal Government program

Aboriginal and Torres Strait Islander people in remote communities are being denied basic rights, equal treatment and fair payment for work, as a result of Federal Government policy, the North Australian Aboriginal Justice Agency and the Human Rights Law Centre told a Senate inquiry.

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Same sex couples in South Australia have equal access to IVF and legal surrogacy

As of today, same sex couples have equal access to assisted reproductive technology and unpaid surrogacy in South Australia. The last direct discrimination against LGBTIQ couples in South Australian legislation has now been removed, but federal marriage equality laws still need to be passed for same sex couples to be treated equally in Australia.

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No case to change Australia’s racial vilification laws

“The push to weaken the laws by some has run aground. It’s hard to imagine what those pushing for change want people to be able to say that they currently can’t. Any move to weaken the law itself would have sent a green light to racism,” said the Human Rights Law Centre’s Director of Legal Advocacy, Adrianne Walters.

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Expungement Legal Service – free legal help for people found guilty of historic homosexual offences

The HRLC's Expungement Legal Service can assist people to apply for historical convictions for decriminalised homosexual activity to be expunged. We provide free and confidential legal help to anyone affected by these laws in Victoria. Our team is staffed by LGBTIQ identifying lawyers and includes a volunteer lawyer with personal experience of the climate and police attitudes before the old laws were repealed.

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The Victorian Government delivers an apology that rights historical wrongs

Rights groups have applauded the Victorian Government for today's formal state apology to people convicted under unjust laws against homosexual acts. The Human Rights Law Centre’s Director of Advocacy, Anna Brown welcomed Premier Daniel Andrews’ heartfelt speech and said the apology recognises the harm that these discriminatory laws have caused

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Australia fails to address serious concerns in major UN review

The Australian Government’s response overnight at the UN in Geneva to a major review of its human rights record has failed to address the serious concerns raised by the international community.

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Rights groups welcome the passing of laws in NSW to erase left-over criminal convictions from old and unjust gay sex laws

Rights groups today welcomed the passage of the Criminal Records Amendment (Historical Homosexual Offences) Bill 2014 through the NSW Parliament. Commenting on the significance of the announcement, NSW GLRL Convenor, Justin Koonin said that members of his community had been waiting a very long time for justice.

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Top UN human rights body condemns violence and discrimination on the basis of sexual orientation and gender identity

The United Nations Human Rights Council has adopted a landmark resolution on combating violence and discrimination based on sexual orientation and gender identity. The HRLC’s Directory of Advocacy, Anna Brown, was present in Geneva and worked together with advocates on the passage of resolution.

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It's time: UN to debate landmark resolution to protect sexual minorities

The United Nations Human Rights Council is set to vote on an historic resolution tackling violence and discrimination against sexual minorities. The HRLC's Directory of Advocacy, Anna Brown, is present in Geneva and delivered a statement to the Council calling on the international community to support a resolution condemning violence and discrimination against lesbian, gay, bisexual and transgender people.

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News in brief - Human rights in the headlines

A new report highlights various ways in which Australia's co-operation with Sri Lanka’s military puts asylum seekers at risk. The report includes a DFAT cable obtained under Freedom of Information laws that reveals the Australia Federal Police declined to interview a man claiming to have been severely tortured after being sent back to Sri Lanka by Australia.

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States must address age and disability when combatting gender discrimination under CEDAW

R. P. B. v the Philippines, Committee on the Elimination of Discrimination against Women, Views: Communication No 34/2011, 57th sess, UN Doc CEDAW/C/57/D/34/2011 (23 May 2011)

The Committee on the Elimination of Discrimination against Women has found that the Philippines breached the rights of a mute and hearing impaired girl to non-discrimination under the Convention on the Elimination of Discrimination against Women (CEDAW), in the investigation and trial of her alleged rape. The Philippines had, in investigating the crime and in the trial, failed to provide a free interpreter and had used stereotypes and gender-based myths, disregarding the victim’s specific situation as a girl who is both mute and hearing impaired. The Committee noted that the obligations of the State include the obligation to consider the specific situation of the complainant, being her age and disability.

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Inquiry into NSW racial vilification laws: Final Report tabled

The Parliamentary Committee that conducted an inquiry into NSW racial vilification laws tabled its Final Report on 3 December 2013. The Law and Justice Committee of the NSW Legislative Council was charged with a review of section 20D of the Anti-Discrimination Act 1977 (NSW), which sets out the criminal offence for serious racial vilification. The Human Rights Law Centre made a submission to the inquiry earlier this year.

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Expert Legal Opinion Gives Green Light for NSW Same-Sex Marriage

The Human Rights Law Centre and has made public the legal advice it obtained from Mr Bret Walker SC and Perry Herzfeld, on behalf of Australian Marriage Equality, that confirms that the NSW Same-Sex Marriage Bill would be constitutionally valid. The advice follows reports that the Bill will be introduced and debated in the NSW Upper House on October 31st.

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Farewell to Acting Commissioner Karen Toohey

Karen was farewelled by the Victorian human rights community in a function held at the Commission’s offices in Carlton in July. Staff, government representatives and community leaders alike spoke of her capacity for innovation and strategic thinking to achieve practical outcomes and positive change. Her leadership, drive and appetite for tackling challenging and significant human rights issues will certainly be missed.

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Improved protections for Sex Discrimination Act welcomed by leading human rights organisation

Long overdue legal protections for gay, lesbian, bisexual, transgender and intersex people should be incorporated into Australia’s Sex Discrimination Act immediately, the Human Rights Law Centre has said in a submission today to the Senate’s Constitutional and Legal Affairs Committee currently examining the Government’s proposed amendments.

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Victoria Police to commence public review following racial discrimination court settlement

Victoria Police will commence a public inquiry aimed at stamping out racial profiling in police practices as a condition of an agreed out of court settlement in Haile-Michael and Others v Commissioner of Police and Others [Court no. VID 969 of 2010] – a racial discrimination claim brought by Flemington & Kensington Community Legal Centre and a pro bono legal team on behalf of six young African-Australian men.

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Australia is ready for new and improved discrimination laws

After years of discussion and consultation, the Federal Government has all it needs to strengthen protections against unfair treatment and make anti-discrimination laws more effective, accessible and cost-efficient. Earlier today the Senate Legal and Constitutional Affairs Committee released its report on the exposure draft of the Human Rights and Anti-Discrimination Bill 2012.

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A good Human Rights and Anti-Discrimination Bill could be great with a few with amendments

Despite needing some amendments, the Federal Government’s draft Human Rights and Anti-Discrimination Bill 2012 has the potential to strengthen protections against unfair treatment and make anti-discrimination laws more effective, accessible and cost-efficient. This is the message the Human Rights Law Centre will deliver when it gives evidence today before the Senate Legal and Constitutional Affairs Committee.

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A fairer and simpler law for all: HRLC Submission on Human Rights and Anti-Discrimination Bill 2012

The HRLC welcomes the Human Rights and Anti-Discrimination Bill 2012 as a culmination of many years of research, discussion and advocacy around the need to strengthen, modernise and streamline federal anti-discrimination laws. While there are aspects of the HRAD Bill that could be strengthened, the HRLC considers that the Bill improves protections against unfair treatment and makes anti-discrimination laws more effective, accessible and cost-efficient.

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High Court to hear landmark case on race discrimination and “special measures”

The Human Rights Law Centre is assisting the National Congress of Australia’s First Peoples to make submissions as “amicus curiae” in the High Court in the case of Maloney v The Queen. The case relates to the prohibition against racial discrimination and the rights to participation and self-determination.

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VEOHRC anti-hate campaign

The Victorian Equal Opportunity and Human Rights Commission has launched an anti-hate campaign in response to the Commission’s research project, Reporting racism: what you say matters. Almost half of the people surveyed had witnessed racism happening to someone else and wanted to do something but didn’t know how to respond. The anti-hate website, http://www.antihate.vic.gov.au/, provides the solution. It also lets people know how they can take their complaint further or get more information from the Commission.

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VEOHRC research into experiences of students with disabilities in Victorian schools

The Victorian Equal Opportunity and Human Rights Commission has released Held back: the experiences of students with disabilities in Victorian schools. The Commission undertook research examining the experiences of students with disabilities in Victorian Schools to learn how schools are meeting students’ needs, as well as understanding where practice might be improved.

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Loss of Tenant Advocacy Services Unfair, Possibly Discriminatory

“People with disabilities will be badly affected by the Qld state government’s axing of the Tenant Advice and Advocacy Service (TAAS) program” said Mr Ken Wade of disability advocacy organisation Queensland Advocacy Incorporated. The Housing Minister Dr Bruce Flegg announced the termination in late July, and services are expected to cease operation from Wednesday 31 October 2012.

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Release of the Disability Rights Now Report: Australia is failing people with disability

On 29 August 2012, a coalition of leading disability, human rights and community organisations released the Disability Rights Now report, a comprehensive assessment of Australia’s compliance with the Convention on the Rights of Persons with Disabilities (CRPD). The report makes over 130 recommendations for Australia to embed the rights, standards and obligations contained in the CRPD into all aspects of Australian law, policy and practice.

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Victorian Equal Opportunity and Human Rights Commission Board member must take a stand for equality, not perpetuate discrimination and harmful stereotypes

The Human Rights Law Centre has called on Professor Kuruvilla George to reconsider his position on the Board of the Victorian Equal Opportunity and Human Rights Commission in light of the conflict of interest between his position on gay and lesbian rights and his duties and functions under the Equal Opportunity Act 2010.

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Constitutional recognition for Australia’s first peoples deserves a fair go

When Federal Parliament reopened last month, both major parties recommitted to Constitutional recognition for Aboriginals and Torres Strait Islanders. The Prime Minister also announced $10 million in funding to support community discussion and education about the proposed Constitutional reforms, which will be modeled on the recommendations of a 22-member expert panel.

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Outdated equality laws must be strengthened to meet Australia’s human rights obligations under international law

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 in the laws and strengthen existing protections.

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Government to enable same-sex couples to marry overseas

From 1 February 2012, same-sex couples will be able to apply to the Australian Government for a certificate that enables them to marry overseas. When a couple wishes to marry overseas, they must usually apply to the Australian Government for a Certificate of No Impediment (CNI). The CNI confirms to the government in the country where the couple plans to get married that the Australian Government see no obstacle to the marriage.

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Join the Campaign for a Comprehensive National Equality Act

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 Australian Government committed to examining gaps in the existing anti-discrimination laws and consolidating them into a single Equality Act.

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A Fairer Australia: Key Human Rights Priorities for the Gillard Government

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 urgency for a fairer Australia.

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Women's Rights: Committee on the Elimination of Discrimination against Women releases Concluding Observations on Australia

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 Leave Act 2010, the ratification of the Optional Protocol to CEDAW and measures adopted to combat trafficking and support victims of trafficking.  The Committee acknowledges the progress made in promoting women in leadership positions and notes that two of Australia’s highest public offices are occupied by women.  

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Race Discrimination: UN Committee Releases Report and Recommendations on Australia

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 Racial Discrimination (CERD).

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United Nations spotlights racism in Australia

This Tuesday 10 August 2010 the Australian Government will attend a hearing at the United Nations in Geneva to explain some of its most controversial policies to an expert body on racism. The UN Committee on Racial Discrimination has asked Australia to provide it with information on how Australia is performing its legal obligations to respect, protect and promote the human right to equality and freedom from racial discrimination.

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CERD: NGO Report for Review of Australia

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 Legal Centres, submitted a major NGO submission on Australia to the UN Committee on the Elimination of Racial Discrimination.

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Asia-Pacific: Centre Influences New Framework for ‘Australia’s Law and Justice Engagement with the Pacific'

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. 

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A New Equality Law: Victoria Moves in the Right Direction

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 Victoria’s anti-discrimination legislation is ineffective in addressing the systemic discrimination that is entrenched in our institutions and social structures.  As the Attorney-General recognised in the Bill’s second reading speech, ‘Victorians are competing on uneven ground… we need to level the playing field’.

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Rudd Government must amend 'racist' Northern Terroritory Intervention laws

In a letter to the Prime Minister, the Attorney General and Minister Macklin, more than 150non-government organisations have 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.

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Human Rights Briefing Paper to Gay McDougall, UN Independent Expert on Minority Issues

In February 2008, the HRLRC, together with the National Association of Community Legal Centres and Rights Australia, prepared a Briefing Paper on Key Human Rights Issues in Australia for Gay McDougall, UN Independent Expert on Minority Issues and Chair of the Coordinating Committee on UN Human Rights Council Special Procedures, in advance of her visit to Australia in April 2008.

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