The Office of the United Nations High Commissioner for Refugees has reiterated its concerns about the treatment of asylum-seekers arriving by sea to Australia.
Read MoreGlobal inaction on human rights is making the world an increasingly dangerous place for refugees and migrants, Amnesty International said as it launched its annual assessment of the world’s human rights.
Read MorePresident Rajapaksa’s assurances to United Nations Secretary-General Ban Ki-moon to investigate allegations of war crimes by all sides remain unmet, Human Rights Watch said.
Read MoreAustralia’s decision to forcibly return 31 Sri Lankan nationals to Colombo last night was based on a flawed process that fails to ensure Australia is not breaching its international human rights obligations by returning genuine refugees.
Read MoreHRLC Secondee Lawyer examines how the erosion of the right to silence in NSW highlights the precarious nature of human rights in Australia.
Read MoreFriday 17 May is International Day Against Homophobia, Transphobia and Biphobia. The Human Rights Law Centre is proud to be supporting the No To Homophobia campaign to spread the message that there is no place for homophobic attitudes in modern Australia.
Read MoreIn 2011, the Federal Government introduced a criminal offence of failing to inform Centrelink within 14 days about a change in personal circumstances that could affect an entitlement to welfare payments.
Read MoreThe Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) entered into force on 10 May 2013, three months after its tenth ratification.
Read MoreOn 16 April, Victorian Attorney-General Robert Clark introduced a bill to abolish suspended sentences for all crimes.
Read MoreOccupy Sydney protester Eamonn O’Flaherty claimed that he had a constitutionally implied right to occupy a city square with fellow protesters in Sydney as a way of demonstrating his political opinions and his support for the worldwide Occupy movement, and that the City of Sydney had violated his fundamental liberties by not allowing him and fellow protesters to remain in the square, thus unconstitutionally restricting his freedom of communication.
Read MoreFive major UN humanitarian agencies have made a joint appeal to the international community to act in Syria
Read MoreIn a historic month for the equal rights movement, New Zealand, France and Uruguay have passed same-sex marriage bills, and Rhode Island is set to become the tenth state in the United States to end the exclusion of same-sex couples from marriage.
Read MoreAustralia’s opposition to the death penalty should extend beyond its borders, the Human Rights Law Centre has said ahead of Foreign Minister Bob Carr’s visit to Papua New Guinea tomorrow.
Read MoreLong 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.
Read MoreVictorian Government rules that prevent politicians from door knocking public housing estates and limit residents’ use of notice boards and common areas unlawfully limit human rights.
Read MoreUniversity of the Sunshine Coast’s Professor Neil Rees, co-author of Australian Anti-Discrimination Law, looks at what might have been had the Government’s anti-discrimination reforms been referred Australian Law Reform Commission
Read MoreThe Australian Human Rights Commission’s Professor Gillian Triggs takes heart from signs that the new Joint Committee on Human Rights has consolidated its scrutiny function
Read MoreThe UN Special Rapporteur on Extreme Poverty and Human Rights and the UN Working Group on Discrimination against Women have expressed serious concerns that cuts to payments to single parents may be a violation of Australia’s international human rights obligations.
Read MoreA justice reinvestment approach to criminal justice in Australia would provide a valuable framework to prevent crime and promote community safety, reduce imprisonment rates and deliver associated social and economic benefits for the broad community, according to the Human Rights Law Centre.
Read MoreThe decision by the Department of Immigration to forcibly return 20 Sri Lankan nationals without properly assessing their refugee claims, a process known as ‘screening out’, deliberately bypasses processes under Australian law designed to safeguard against the return of genuine refugees to places where they face torture and human rights abuses.
Read MoreOn 2 April the UN General Assembly voted overwhelmingly in favour of controlling the movement of weapons across borders in the first ever treaty on the international trade of arms.
Read MoreWith the Foreign Minister, Bob Carr, scheduled to visit Indonesia tomorrow, the Human Rights Law Centre has called for a forthright discussion about human rights abuses in the Indonesian province of Papua.
HRLC spokesperson, Tom Clarke, said Australia is well positioned to play a meaningful and constructive role in helping to address the continuing human rights crisis in Papua.
Read MoreIn late March 2013 the UN Human Rights Council passed a US-backed resolution calling on Sri Lanka to honour the commitments it has previously made to investigate widespread allegations of war crimes during the last months of the civil war in May 2009. The resolution also raised formal concerns about continuing enforced disappearances, human rights abuses and other threats to the rule of law in Sri Lanka including the recent impeachment of the Chief Justice.
Read MoreA decision by the Victorian Supreme Court, Bare v Small, has failed to uphold the right to the independent investigation of complaints of serious mistreatment at the hands of Victoria Police. The case was brought by Youthlaw and pro bono counsel on behalf of a young African man, Nassir Bare, who alleged serious assault, including being capsicum sprayed while handcuffed, and being racially slurred by police in a February 2009 incident when he was 17 years old.
Read MoreA number of groups, including the Human Rights Law Centre, have been providing advice to the State Member for Prahran, Clem Newton-Brown, to assist him to develop a proposal to expunge convictions for historic gay sex offences.
Read MoreThe Federal Government’s announcement that it has delayed its consolidation of anti-discrimination laws has been met with extreme disappointment amongst community and human rights groups.
Read MoreNSW racial vilification laws strike the right balance in protecting free expression but could be strengthened to ensure they more effectively protect individuals from racist hate speech.
Read MoreHuman Rights Watch's Executive Director Kenneth Roth in conversation with the ABC's Waleed Aly discussing major human rights problems across the globe and Australia’s new seat on the UN Security Council.
Read MoreIn November 2013, the Commonwealth Heads of Government Meeting is due to be held in Sri Lanka. Ignoring international calls for the venue to be changed, including from the Canadian Government, Australia has indicated it will attend the meeting.
Read MoreIn his authoritative report presented to the Human Rights Council on 4 March, UN Special Rapporteur on torture Juan Méndez takes a new, groundbreaking look at different aspects of healthcare treatment that he claims amount to cruel, inhuman or degrading treatment or torture.
Read MoreThe UN Special Rapporteur on Extreme Poverty and Human Rights and the UN Working Group on Discrimination against Women has expressed serious concerns that cuts to payments to single parents may be a violation of Australia’s international human rights obligations.
Read MoreHRLC Executive Director Hugh de Kretser examines the growing trend of those opposed to stronger human rights protections selectively adopting the language of rights.
Read MoreIn the first week of February, mining executives, government delegates, non-government organisation staff and consultants walked the halls together at the Mining Indaba in Cape Town, South Africa.
Read MoreIn a case about free speech and protest rights, the Federal Court has today found that council by-laws regarding advertising and camping do not infringe human rights, but some of the ways in which they were used by the City of Melbourne against a group of peaceful protesters in a public space were unlawful.
Read MoreThe High Court’s decision this morning in the 'Corneloup' case has failed to uphold the rights to free speech, freedom of assembly and freedom of religion and highlighted the lack of protections that freedom of speech has in Australian law.
Read MoreThe appointment of a National Children’s Commissioner will help to promote and protect the human rights of children and young people and ensure that the best interests of children are taken into account in the development of national law and policy.
Read MoreFor almost two years, Graeme Innes AM urged RailCorp NSW to get serious about its obligations towards Sydney’s rail passengers with disability by ensuring that its trains provide audible “next stop” announcements.
Read MoreThe UN Human Rights Council will be reviewing the human rights situation of Sri Lanka during its upcoming session in March.
Read MoreVictoria 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.
Read MoreAfter 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.
Read MoreThe Victorian Government’s proposal to increase application fees and other charges for particular cases heard at the Victorian Civil and Administrative Tribunal may compromise the ability of ordinary Victorians to access the efficient and inexpensive justice the Tribunal seeks to provide.
Read MoreThe UN Human Rights Committee has recognised extraterritorial obligations under the International Covenant on Civil and Political Rights. On 31 October 2012, in its Concluding Observations on Germany's sixth periodic review under the ICCPR, the UN Human Rights Committee expressed concern regarding steps taken by Germany to protect against the human rights impacts of German companies operating abroad.
Read MoreVictoria’s legal sector has welcomed two developments this week which will support greater recognition for and inclusion of Indigenous Victorians in the profession.
Read MoreAustralia’s counter terrorism laws unnecessarily restrict fundamental human rights and undermine the rule of law, a research article ‘The Extraordinary Questioning and Detention Powers of the Australian Security Intelligence Organisation’ published this month in the Melbourne University Law Review has found.
Read MoreThe Joint Parliamentary Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples has endorsed the Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012 without any recommended changes in its report released on 30 January 2013.
Read MoreOn 24 January 2013, Nauru acceded to the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), committing the Nauruan Government to establish an independent body to visit and review places in Nauru where people are deprived of their liberty.
Read MoreDespite 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.
Read MoreProposed legislation introduced into Federal Parliament to recognise Aboriginal and Torres Strait Islander peoples as Australia’s first inhabitants is an important stepping stone on the path to recognition of and equality for Aboriginal and Torres Strait Islander peoples in the Australian Constitution.
Read MoreThe 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.
Read MoreViolence against women costs Victoria at least $3.4 billion a year, so it makes economic sense to spend more money on assisting victims and preventing violence from happening, writes the Federation of Community Legal Centres' Dr Chris Atmore.
Read MoreThe 11th Session of Assembly of States Parties for the International Criminal Court took place in The Hague from 14–21 November 2012.
Read MoreAusAID has observed International Human Rights Day by announcing the names and details of projects that will receive funding under its 2012 Human Rights Grant Scheme.
Read MoreThe Government's controversial practice of 'screening out' asylum seekers aims to bypass fundamental human rights protections, writes the HRLC's Rachel Ball
Read MoreThe UN Human Rights Committee has asked Australia to explain how a range of laws, policies and practices are compatible with international human rights standards ahead of a major review of Australia’s human rights record.
Read MoreAustralia’s offshore processing laws and policy are fundamentally incompatible with Australia’s obligations under international law, the Human Rights Law Centre has told the federal Parliamentary Joint Committee on Human Rights.
Read MoreOn 10 December 2012, the Australian Government released the final version of its National Human Rights Action Plan (NHRAP). The NHRAP represents a key plank of Australia’s Human Rights Framework and is intended to "outline future action for the promotion and protection of rights in Australia".
The HRLC’s Director of Advocacy, Anna Brown,welcomed the final version of the NHRAP, but said it should be strengthened to ensure more effective monitoring, implementation and measurement of human rights.
Read MoreAs Australia focuses on the passage of the Human Rights and Anti-Discrimination Bill 2012, the United Nations High Commissioner for Human Rights, Navanethem Pillay, has released her Annual Report for 2012.
Read MoreThe Human Rights Law Centre has submitted an appeal for urgent action to the UN Special Rapporteur on Torture in relation to the situation of a group of eight Tamil asylum seekers who have travelled to Australia from Sri Lanka by boat.
Read MoreDPP v Leys & Leys [2012] VSCA 304 (12 December 2012)
On 16 January 2012, community correction orders (CCO) were introduced as a sentencing option under the Sentencing Act 1991 (Vic). CCOs replaced a number of separate sentencing orders such as intensive correction orders and community-based orders.
Read MoreAustralia’s Foreign Minister should seek assurances that Australia’s cooperation with Sri Lanka to prevent people smuggling is not exposing asylum seekers to torture, arbitrary detention, systemic discrimination and other gross human rights violations, the Human Rights Law Centre said today.
Read MoreOn 11 December 2012, United Nations Secretary-General Ban Ki-moon – Joined by international musical artists Ricky Martin and Yvonne Chaka Chaka, amongst others – called for an end to violence and discrimination based on gender identity and sexual orientation.
Read MoreThe 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.
Read MoreThe Human Rights Law Centre is honoured to receive the Australian Human Rights Law Award for 2012 for its proven track record in promoting and advancing human rights in Australia.
Read MoreForeign Minister Bob Carr announced on Human Rights Day that Australia will join a global initiative to promote human rights while ensuring the security of mining projects.
Read MoreIn offering redress to victims of torture and their families, “restoration of the dignity of the victim is the ultimate objective,” according to the UN Committee against Torture. The Committee has just published a detailed General Comment expanding on the key article in the Convention against Torture which says that victims of torture and their families have “an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible”.
Read MoreThe High Court is set to hear a landmark case on Indigenous rights to equality, non-discrimination and self-determination.
Read MoreLeading human rights advocate and lawyer, Hugh de Kretser, has been appointed to head the Human Rights Law Centre.
Read MoreThe Joint Parliamentary Committee on Human Rights has found that Australia’s offshore processing laws raise “significant and complex issues” as to compatibility with human rights and ordered an inquiry into the legislation.
Read MoreThe Australian Government should immediately stop transfers of migrant children – including unaccompanied migrant children and child asylum seekers – to offshore processing sites in Manus Island of Papua New Guinea, and Nauru.
Read MoreA shooting in Redfern has provided a sombre reminder for the need of independent investigations into police related deaths.
Read MoreIn 2011, the Australian Government co-sponsored the UN Human Rights Council resolution which unanimously endorsed the Guiding Principles on Business and Human Rights.
Read MoreAmnesty International has found a toxic mix of uncertainty, unlawful detention and inhumane conditions creating an increasingly volatile situation on Nauru, with the Australian Government spectacularly failing in its duty of care to asylum seekers.
Read MoreThe Australian Human Rights Commission and the Sex Discrimination Commissioner, Elizabeth Broderick, have welcomed the passing of the Equal Opportunity for Women in the Workplace Amendment Bill in Parliament. Ms Broderick says it is a strong step toward both improving women’s workforce participation and closing the gender gap in Australia’s workforce.
Read MoreA new project of the Homeless Persons’ Legal Service and its consumer advisory group, StreetCare, uses video interviews as a way for StreetCare members to share their stories of homelessness. Called In their Words, the project will be included in training programs for people who work with homeless clients. The videos can also be shown to policymakers and politicians to improve their understanding of individual experiences of homelessness.
Read MoreA new Bill proposed by the Attorney-General, Nicola Roxon, and Minister for Finance and Deregulation, Penny Wong, will strengthen protections against unfair treatment and make anti-discrimination laws more effective, accessible and cost-efficient.
Read More“Trafficking in persons is a global phenomenon which crosses borders, markets and industries,” said United Nations Special Rapporteur Joy Ngozi Ezeilo while urging business enterprises around the world to refrain from using trafficked labour, and prevent and monitor the use of such labour by its suppliers.
Read MoreHorrifying footage of a young Aboriginal boy being repeatedly Tasered, together with damning Coronial findings into the death of a Brazilian student and a Queensland Crime and Misconduct Commission report indicating increased reliance on Tasers by police, demonstrate the urgent need for more rigorous police training and more stringent regulation of police use of force.
Read MoreAustralia is scheduled to be reviewed by the UN Committee against Torture for its compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2013.
Read MoreTogether with a group of leading human rights and community organisations, the HRLC has provided a private briefing to the UN Human Rights Committee on the state of human rights in Australia.
Read MoreThe Federal Government is slashing funding for human rights education and rule of law initiatives for short-term political gain.
Read MoreThe Age Discrimination Commissioner, Susan Ryan, has told the Parliamentary Friends of Seniors and Ageing that she believes there needs to be more protection of older people around the world. Reporting on her recent presentation at the UN’s Open Ended Working Group on Older People, Commissioner Ryan told MP’s at parliament House in Canberra that she has been convinced by the case put forward by those UN member States calling for the drafting of a new convention.
Read MoreThe 21st session of the Human Rights Council saw some worrying signs of regression, with, however, some notable bright spots. The session saw a number of significant thematic developments. The issue of reprisals had a high profile with the Council’s first ever panel discussion dedicated to the problem. As there will be no resolution on the issue until September 2013, the challenge now is to ensure that action is not shelved, and that concrete steps are taken in the meantime to protect against and respond to reprisals.
Read MoreAn exceptional opportunity has arisen to lead the Human Rights Law Centre, one of Australia’s premier human rights advocacy organisations.
Read MoreCommenting from Indonesia, Commonwealth Attorney-General, Nicola Roxon, has said Australia's recognition of Indonesia's sovereignty over Papua would not stop the Government from registering concern about human rights violations.
Read MoreAn Indonesian fisherman has filed the first international case against Australia’s people smuggling legislation, claiming the laws violate international law. The fisherman is represented by senior law students from the University of New South Wales’ Human Rights Clinic. Due to mandatory sentencing, fisherman Mr Nasir is serving a five-year jail term in an Australian prison – a significantly longer sentence than he would otherwise have received for being a cook on an asylum seeker boat, according to the Queensland Supreme Court.
Read MoreAustralia has a critical role to play in focusing the the UN Security Council’s attention more sharply on global human rights issues and situations of concern.
Read MoreA project to upgrade and connect Cambodia’s debilitated railways – which received $26 million of funding from AusAID – has caused significant harm to many of the 4000 families it is displacing. The Human Rights Law Centre has assisted a Cambodian NGO, Equitable Cambodia, and the New York-based, Inclusive Development International to submit a complaint with the Australian Human Rights Commission.
Read MoreProtection from threats to national security and the protection and promotion of human rights are complementary goals according to two recent submissions that the Human Rights Law Centre has made on aspects of Australia’s counter-terrorism laws.
Read MoreFamilies resettled by the AusAID-funded Cambodian railway rehabilitation project have filed a complaint with the Australian Human Rights Commission alleging that they have suffered serious violations of their human rights as a result of resettlement under the project.
Read MoreTogether with our friends at the Federation of Community Legal Centres, the Human Rights Law Centre convened a roundtable discussion on the use of Tasers with international expert Professor Rob Gordon, Director of the School of Criminology at Simon Fraser University in British Columbia, Canada. The roundtable was generously hosted by Allens and attendees included senior members of Victoria Police, policy makers from the Victorian Government Department of Justice, academic experts and community lawyers.
Read MoreThe High Court of Australia has welcomed a new member to its bench – Commonwealth Solicitor General Stephen Gageler SC. Gageler was recently before the High Court arguing the Commonwealth’s case for the plain packaging of cigarettes, a case he won before his new colleagues. Gageler also lead the Commonwealth’s notable loss last year before the High Court in the Malaysia Solution case.
Read MoreAs the NSW State Coroner begins her inquest into the death of the Brazilian student Roberto Curti, we need to ask ourselves if the investigation into his death was flawed from the outset, writes the HRLC's Anna Brown about the ongoing problem of police investigating police.
Read MoreWith the coronial inquest into the fatal police Taser shooting of 21 year old Brazilian student Roberto Curti commencing today, a leading human rights organisation has renewed calls for investigations into police related deaths to be entirely independent – in keeping with international law.
Read MoreA Senate Committee report into the detention of Indonesian minors in Australia acknowledges systemic issues with Australia’s processes for detaining and prosecuting accused people smugglers, which have resulted in improper detention of Indonesian minors.
Read MoreThe Human Rights Law Centre has applied to intervene in a significant High Court case concerning freedom of expression and freedom of religion and the right to peaceful protest. “The HRLC has a principled commitment to human rights and has sought to intervene in support of the right of all protesters to exercise their fundamental right to freedom of expression,” said Anna Brown, Director of Advocacy from the HRLC.
Read MoreThe Criminal Code Amendment (Domestic Violence) Bill 2012 (WA) has been introduced as a private member’s Bill into the parliament of Western Australia.
Read MoreThe 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.
Read MoreThe Criminal Code Amendment (Domestic Violence) Bill 2012 (WA) has been introduced as a private member’s Bill into the parliament of Western Australia. The Bill proposes to amend Western Australia’s unlawful assault causing death law to provide for a maximum imprisonment of 20 years for an unlawful assault causing death offence in circumstances of aggravation.
Read MoreThe 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.
Read MoreThe Australian Human Rights Commission considers that the fundamental human rights principle of equality means that civil marriage should be available, without discrimination, to all couples, regardless of sex, sexual orientation or gender identity, Commission President Professor Gillian Triggs said.
Read MoreIn last month’s edition of Rights Agenda we reported on the launch a groundbreaking television campaign targeting homophobia, biphobic and transphobic harassment.
Read MoreFollowing a request from the HRLC, the Parliamentary Joint Committee on Human Rights has called on the Immigration Minister to justify how offshore processing laws are compatible with Australia’s international human rights obligations.
Read MoreThe United Nations High Commissioner for Refugees (UNHCR) has issued new guidelines relating to the detention of asylum seekers. An overarching theme of the ten guidelines is that the detention of asylum seekers is an exceptional measure of last resort which can only be applied where it pursues a legitimate purpose and has been determined to be both necessary and proportionate in each individual case.
Read More"Today marks the fifth anniversary of the adoption of the UN Declaration on the Rights of Indigenous Peoples. Without doubt this international instrument has already been established universally as a human rights benchmark to confirm the indigenous peoples of the world are equal to all other peoples. This achievement, within the first five years of its life, is verification that the rights of our peoples, encompassing social organisation, cultures, territories and development, are progressively being acknowledged."
Read MoreThe Commonwealth Secretary-General and Commonwealth Heads of Government must press Sri Lanka to strengthen respect for human rights and the rule of law, according to a coalition of leading human rights organisations from around the world.
Read MoreOn 5 September 2012, the Australian Government signed a Defence Cooperation Agreement with Indonesia. The agreement raises potentially significant human rights issues. The HRLC has been advised by the Defence Minister’s office that the agreement is confidential and not available publicly.
Read MoreIn June this year the UN High Commissioner for Human Rights issued a report setting out a series of recommendations for strengthening the treaty body system. Those recommendations were based on the outcomes of a series of consultations that had been held since late 2009, known informally as the ‘Dublin process’.
Read MoreThe Australian Capital Territory will become the first Australian jurisdiction to trial a needle and syringe program in prison – a principled, evidence-based, human rights-compliant response to a major public health issue. Research shows that prisons are a “hot bed” for blood borne virus transmission.
Read More“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.
Read MoreAfter three days in the Federal Magistrates Court, Graeme Innes' disability discrimination claim against RailCorp remains unresolved. Federal Magistrate Kenneth Raphael has adjourned the case until 22 November 2012, and ordered the matter to be further mediated by a registrar of the court.
Read MoreThe Federal Government’s draft Homelessness Bill 2012 needs a major re-think in order to have a positive, practical impact on people who are homeless or at risk of homelessness. That’s the message delivered by the Public Interest Advocacy Centre (PIAC) to the Federal Minister for Housing and Minister for Homelessness, Brendan O’Connor.
Read MoreOn 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.
Read MoreThe Australian Government’s failure to implement more than 20 recommendations from the UN Human Rights Committee highlights the need to make the promotion and protection of human rights a national priority.
Read MoreThe Human Rights Law Centre has called on the UN Special Rapporteur on Torture and the UN Special Rapporteur on Extrajudicial Killings to urgently investigate Australia’s extensive support for an Indonesian police unit implicated in serious human rights abuses in the province of West Papua.
Read MoreThe Human Rights Law Centre is proud to be a key supporter of a groundbreaking television campaign targeting homophobia, biphobic and transphobic harassment, launched today by Victorian Ministers Mary Wooldridge and David Davis.
Read MoreThe Human Rights Law Centre deplores the passage of the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. The Bill, which was passed by the Senate on 16 August 2012 with both Government and Opposition support, enshrines extensive and alarming violations of human rights in Australian law.
Read MoreToday’s announcement that the Australian Capital Territory will trial the provision of sterile injecting equipment in prisons is an essential response to a major prisoner and public health crisis, according to a leading human rights organisation.
Read MoreSeveral of the Expert Panel on Asylum Seekers’ recommendations violate Australia’s international law obligations and, if adopted, would ravage Australia’s claim to human rights compliance and good international citizenship, the Human Rights Law Centre’s Rachel Ball said.
Read MoreThe Australian Government’s failure to implement more than 20 recommendations from the United Nations (UN) Human Rights Committee highlights the need to make the promotion and protection of human rights a national priority. Making a submission to the UN Human Rights Committee – which is preparing for a major review of Australia’s human rights record – the Human Rights Law Centre criticised the Australian Government for dragging its feet in a number of key areas of human rights concern.
Read MoreThe United Nations Committee against Torture has sought to intervene in the case of "Mr X", a Tamil asylum seeker who was forcibly deported fromAustralia.
Read MoreA Victorian prisoner is preparing proceedings against the State Government alleging that it has failed to protect him from exposure to hepatitis C during his time in jail. Prisons have been described as a ''hot bed'' for blood-borne viruses such as hepatitis C, with more than 40 percent of Victorian prisoners carrying the virus. Coupled with the prevalence of intravenous drug use in Victorian prisons, a failure to provide clean needles and syringes may amount to a breach of the state's common law duty of care and obligations under the Victorian Charter of Human Rights and Responsibilities.
Read MoreIn a ground-breaking resolution, the United Nation’s premier human rights forum, the Human Rights Council, has called for Paris Principles-compliant national human rights institutions (NHRIs) to be able to participate in other UN meetings and forums, including the UN General Assembly.
Read MoreThe Australian Government is considering whether Australia should join the Voluntary Principles on Security and Human Rights, an extractives sector initiative that addresses human rights risks associated with the security of companies' operations.
Read MoreAustralia’s treatment of suspected people smugglers who said that they were children has breached international human rights law and raised serious questions about the resilience of our criminal justice system, Australian Human Rights Commission President Catherine Branson QC said.
Read MorePrime Minister Gillard should use today’s meeting with Indonesian President Susilo Bambang Yudhoyono to advocate for an end to the effective ban that prevents the international media reporting from West Papua, a leading human rights group has said.
Read MoreVictoria’s Charter of Human Rights and Responsibilities continues to make a real, practical difference in the lives of Victorians, according to the fifth Charter report tabled in Parliament on 19 June. Victorian Equal Opportunity and Human Rights Acting Commissioner Karen Toohey said that Rights in focus: 2011 report on the operation of the Charter of Human Rights and Responsibilities highlighted the way the Charter is helping Victorians to realise their rights and to resolve everyday issues that can have a profound effect on their quality of life.
Read MoreThe Australian Human Rights Commission Amendment (National Children’s Commissioner) Bill has been passed to create a new Commissioner position that will monitor whether Australia is adhering to its obligations under the United Nations Convention on the Rights of the Child.
Read MoreProfessor Gillian Triggs, the Dean of Sydney Law School, has been appointed as the new President of the Australian Human Rights Commission. She will replace the Hon Catherine Branson QC, who will step down as President in July 2012. Professor Triggs is a leading international law expert and is highly regarded as an administrator and strategist. The Human Rights Law Centre congratulates Professor Triggs on her appointment to this important position and looks forward to working closely and collaboratively with her to promote and protect human rights in Australia.
Read MoreMs Navi Pillay, having been appointed to a second term as the High Commissioner for Human Rights, opened the 20th Special Session of the Human Rights Council on 18 June. Ms Pillay reminded delegates that the “backdrop of crises” – political, economic and humanitarian – against which they now meet pose serious obstacles to the realisation of human rights across the globe.
Read MoreAmnesty International has called on Indonesian authorities to ensure a prompt, independent and impartial investigation into reports of unnecessary and excessive use of force including the use of firearms by security forces in Wamena, Papua province.
Read More“The establishment of the human rights treaty bodies and the evolution of the treaty body system is one of the greatest achievements in the efforts of the international community to promote and protect human rights,” United Nations High Commissioner for Human Rights Navi Pillay said in her report on the strengthening of the human rights treaty body system.
Read MoreA bipartisan parliamentary committee has unanimously recommended that the Federal Government take immediate action to improve monitoring and accountability, and prevent ill-treatment, in places of detention. The Joint Standing Committee on Treaties (JSCOT) has recommended that Australia ratify and implement the Optional Protocol to the Convention against Torture as a matter of priority.
Read MoreThe UN Committee on the Rights of the Child has handed down a damning report on Australia following its periodic review which took place on 4 and 5 June. The Committee’s “Concluding Observations” are a comprehensive set of recommendations to Australia on steps it should take to ensure better compliance with its international legal obligations under the Convention on the Rights of the Child (CRC).
Read MoreLegislation to establish a National Children’s Commissioner within the Australian Human Rights Commission has been introduced into Parliament by the Gillard Government. Attorney-General Nicola Roxon said the position would result in better outcomes for children.
Read MoreThe US State Department has highlighted violence against women and children, Indigenous disadvantage and the prolonged detention of asylum seekers as “principal problem areas” in Australia in its annual report on the state of human rights around the world.
Read MoreAmnesty International has released its annual report documenting the state of human rights. The state of the world’s human rights, was released this month and consists of five regional overviews and a country-by-country survey of 155 individual countries and territories.
Read MoreThe 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.
Read MoreStatement from the US Ambassador to Australia: Yesterday, the President shared that he personally supports the right of same-sex couples to marry. It will not change federal policy, because marriage has always been a state issue rather than a federal one.
Read MoreAustralia’s immigration minister should raise concerns with Sri Lankan officials about alleged arbitrary arrest and torture of people who were refused asylum and sent back to Sri Lanka when he visits this week, the Human Rights Law Centre and Human Rights Watch said today. Immigration Minister Chris Bowen is scheduled to visit Sri Lanka from 2 to 4 May 2012, to discuss migration issues, including preventing people smuggling from Sri Lanka to Australia.
Read MoreThe NSW Government has responded to the recommendations of Deputy State Coroner MacMahon in the inquest into the death of Mark Holcroft in 2009. Mr Holcroft died after he suffered a heart attack in a prison van travelling from Bathurst Correctional Centre to Mannus Correctional Centre. The Coroner made eight significant recommendations regarding humane treatment of prisoners when being transported in prison vans over long distances.
Read MoreOn 30 March 2012, the National Children’s Youth and Law Centre in partnership with King & Wood Mallesons announced that the 2012 Children’s Law Awards are open for nominations.
Read MoreThe establishment of a National Children’s Commissioner will help to promote and protect the human rights of children and young people and ensure that the best interests of children are taken into account in the development of national law and policy. Welcoming the Attorney-General’s announcement that the Government will appoint a Children’s Commissioner to sit within the Australian Human Rights Commission, the Human Rights Law Centre said that the position will assist to safeguard the rights of children and young people who are vulnerable and disadvantaged.
Read MoreThe April 2012 Ombudsman’s report into the death of Carl Williams at Barwon Prison highlighted a number of systemic failings inVictoria’s prison system. Among these failings, the Ombudsman was highly critical of the lack of independent monitoring or oversight ofVictoria’s prisons.
Read MoreWhen the police shoot someone, the resulting investigation should be independent of the police force. Following an ABC Four Corners program about the police shooting of Adam Salter, Public Interest Advocacy Centre Chief Executive, Edward Santow, said there is an urgent need for independent investigators to assist Coroners when the police are involved in someone’s death.
Read MoreProposed legislation to extend the Federal Government’s Northern Territory Intervention measures will be ineffective in addressing Aboriginal disadvantage and will further damage the government’s relationship with Aboriginal peoples. “The Stronger Futures measures are highly likely to be ineffective in achieving the Federal Government’s objective of Closing the Gap and improving the lives of Aboriginal peoples,” said Ben Schokman of the Human Rights Law Centre.
Read MoreThe Parliamentary Joint Committee on Human Rights, mandated by the Human Rights (Parliamentary Scrutiny) Act 2011, has recently been established.
Read MoreThe Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) took effect in January 2012. Among other things, the Act requires that all Bills introduced to either house of Parliament be accompanied by a Statement of Compatibility, setting out an assessment of whether the Bill is compatible with human rights.
Read MoreAttorney-General Nicola Roxon has thanked the Hon Catherine Branson QC for her service as President of the Australian Human Rights Commission following her decision to step down at the end of July this year for personal reasons.
Read MoreAmnesty International has called on Australia to urgently reform its policy of mandatory detention for asylum seekers, following a 12-day tour of Australian immigration detention facilities conducted by an international delegation. Amnesty’s refugee spokesperson, Dr Graham Thom, said the despair and isolation witnessed by the delegation was “symptomatic of an untenable system for people waiting for their claims to be processed”.
Read MoreThe Executive Officer of the Victorian Federation of Community Legal Centres and spokesperson for Smart Justice, Hugh de Kretser, has urged the Victorian Government to look to New South Wales for valuable lessons in prison policies. In a recent opinion piece Mr de Kretser highlighted the NSW Attorney-General’s recognition that building more prisons is expensive and does little to make a better style and his desire for spending to shift to reducing incarceration rates.
Read MoreThe Victorian Government is set to develop a three year Action Plan to address the issue of violence against women and their children.
The plan, to be consistent with the United Nations Declaration on the Elimination of Violence Against Women, will affirm that violence against women constitutes a violation of the fundamental rights and freedoms of women.
Read MoreWhen 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.
Read MoreOn 19 March 2012, the Federal Government tabled in Parliament the first annual report of the Independent National Security Legislation Monitor on the operation of Australia’s counter-terrorism and national security legislation. The Independent Monitor, Bret Walker SC, was appointed under the Independent National Security Legislation Monitor Act 2010 (Cth) and is empowered to review and report on Australia’s counter-terrorism and national security legislation, including its compliance with Australia’s international human rights obligations. The Independent Monitor’s first report very usefully outlines the principles for assessing whether Australia’s counter-terrorism laws are effective and remain appropriate and also identifies areas where the Independent Monitor will focus his work for 2012.
Read MoreThe Children's Rights and Business Principles, developed by UNICEF, the UN Global Compact and Save the Children, were launched on 12 March 2012.
The Principles seek to present a coherent vision for business, building on existing standards and initiatives, to maximise the positive impacts of business activity on children's rights, and eliminate negative impacts. They were developed through an extensive multi-stakeholder consultation process and are derived from internationally recognised children's rights. The first Principle outlines core actions to be taken by business, including policy commitments, due diligence and remediation. The remaining Principles provide guidance on the implementation of these core actions across all business activity.
Read MoreThe Australian Government has consistently maintained that Australian military personnel had no involvement in the detention of captives in Iraq. However, documents obtained by the Public Interest Advocacy Centre (PIAC) make it clear that Australia was deeply entangled in the capture and detention of Iraqis.
Read MoreChildren will be empowered to complain about violations of their human rights to an international body after the adoption by the General Assembly on Monday of a new Optional Protocol to the Convention on the Rights of the Child.
Read MoreHuman Rights Watch’s World Report 2012 summarises human rights conditions in more than 90 countries and territories worldwide in 2011. I
Read MoreJust prior to its Universal Periodic Review before the UN Human Rights Council, Indonesia’s commitment to democracy and free speech has been questioned with the conviction of Papuan activists, Forkorus Yaboisembut, Edison Waromi, August Makbrowen Senay, Dominikus Sorabut and Selpius Bobii (the “Jayapura 5”) for treason. All five were convicted and sentenced to 3 years in prison for expressing their political views at last year’s Third Papuan Congress, a peaceful assembly of indigenous West Papuans.
Read MoreProposed legislation to extend the Federal Government’s Northern Territory Intervention measures will undermine democracy, further damage the government’s relationship with Aboriginal peoples and be ineffective in addressing Aboriginal disadvantage, says the Human Rights Law Centre. “The Stronger Futures measures are highly likely to be ineffective in achieving the Federal Government’s objective of Closing the Gap and improving the lives of Aboriginal peoples,” said Ben Schokman of the Human Rights Law Centre.
Read MoreVictoria’s Charter of Human Rights will be retained following the tabling of a Baillieu Government statement on its future in parliament today. “The decision to retain the Charter is a victory for evidence-based policy, accountable government and a fair go for all Victorians,” said Phil Lynch, Executive Director of the Human Rights Law Centre.
Read MoreA collection of case studies that illustrate the many benefits delivered by Victoria’s Charter of Human Rights and Responsibilities has been published by the Human Rights Law Centre (HRLC). The HRLC’s Ben Schokman said the 101 case studies – taken from the various submissions made to the Victorian Government’s 2011 Review of the Charter – paint an overwhelming picture of an effective and efficient Charter that delivers tangible benefits to all Victorians.
Read MoreWhen the police shoot someone, the resulting investigation should be independent of the police force, according to two of Australia’s leading human rights organisations. Public Interest Advocacy Centre Chief Executive, Edward Santow, said last night’s Four Corners program about the police shooting of Adam Salter, highlights the need for independent investigators to assist Coroners when the police are involved in someone’s death.
Read MoreThe UN Secretary-General has announced that the new Optional Protocol to the Convention on the Rights of the Child will open for signature on 28 February 2012. Any State that has signed, ratified or acceded to the Convention or either of the two existing Optional Protocols will be able to sign the new Optional Protocol, which will create an international complaints mechanism forbreaches of children’s rights.
Read MoreThe report of Sri Lanka’s Lessons Learned and Reconciliation Committee, which was established to investigate events during February 2002 to May 2009, was released to the public on 16 December 2011. The report has garnered criticism from international human rights bodies and the Australian government for failing to deal comprehensively with human rights abuses. Human Rights Watch said the report “disregards the worst abuses by government forces, rehashes longstanding recommendations, and fails to advance accountability for victims of Sri Lanka’s civil armed conflict”.
Read MoreThe Human Rights Law Centre has welcomed proposed amendments to section 199 of the Disability Act 2006 (Vic) which will strengthen the extent to which that Act protects the human rights of people with intellectual disabilities. T
Read MoreThe High Court has missed a major opportunity to strengthen and uphold the rights to free speech, freedom of assembly and freedom of the press in the case of Wotton v Queensland. Lex Wotton, an Aboriginal man convicted of offences associated with the Palm Island riots that followed the death of Mulrunji Doomadgee in police custody, was today unsuccessful in challenging the terms of his parole.
Read MoreAustralia has moved a step closer to ensuring independent monitoring, inspection and oversight of places of detention. The Commonwealth Attorney-General, Nicola Roxon, and the Acting Minister for Foreign Affairs, Craig Emerson, today tabled a National Interest Analysis on Australia's ratification of the Optional Protocol to the Convention against Torture.
Read MoreThe Tasmanian Government’s decision to shelve the introduction of a Charter of Human Rights because of budgetary constraints is misconceived and fails to understand the substantial economic and social benefits of human rights protections, according to a leading human rights organisation. The Human Rights Law Centre’s Ben Schokman said a Charter of Human Rights is a cost-effective way to promote human rights and would have significant social and economic benefits.
Read MoreThe Australian Government’s silence on human rights abuses in the region has once again been put in the spotlight, with the Human Rights Law Centre (HRLC) and International Lawyers for West Papua (ILWP) urging the Foreign Minister to speak up in defence of basic rights such as freedom of expression and assembly.
Read MoreProposed Greens’ amendments to the Migration Act 1958 to abolish mandatory sentences for people smuggling offences are essential to protect human rights and the rule of law, according to the Human Rights Law Centre. “There is no place for mandatory sentencing in a healthy democracy governed by the rule of law,” said Rachel Ball, the HRLC’s Director of Policy and Campaigns.
Read MoreAustralia'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.
Read MoreFrom 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.
Read MoreProposed Greens’ amendments to the Migration Act 1958 to abolish mandatory sentences for people smuggling offences are essential to protect human rights and the rule of law, according to the Human Rights Law Centre. “There is no place for mandatory sentencing in a healthy democracy governed by the rule of law,” said Rachel Ball, the HRLC’s Director of Policy and Campaigns.
Read MoreThe 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.
Read MoreRon Merkel QC has been announced as the winner of the prestigious 2011 Human Rights Medal at the Australian Human Rights Commission’s annual Human Rights Awards in Sydney. Meanwhile, a legal team comprising Allens Arthur Robinson, the Refugee and Immigration Legal Centre, Debbie Mortimer SC and Richard Niall SC were awarded the Human Rights Law Award for their outstanding legal advocacy for refugees and asylum seekers.
Read MoreOn International Human Rights Day, 10 December 2011, the Institute for Human Rights and Business released its list of the top 10 emerging business and human rights issues for 2012. Through its top 10 list, the IHRB seeks to address diverse aspects of how the 'Protect, Respect and Remedy' Framework and the Guiding Principles on Business and Human Rights can be implemented to achieve real change in corporate human rights performance over the coming year and beyond.
Read MoreAustralian Human Rights Commission President Catherine Branson QC delivered the 2011 Human Rights Day Oration and announced a major new Commission initiative to build understanding and respect for human rights in Australia. “I am proud to be able to launch an innovative online initiative today, known as Something In Common, which aims for greater community engagement with human rights issues,” Ms Branson said.
Read MoreThe Victorian Government should strengthen existing protections under the Human Rights Charter in the spirit of Human Rights Week, says the Victorian Federation of Community Legal Centres.
A new Federal government report released on 9 December highlights a number of Australian communities whose human rights are threatened.
Read MoreAt a gathering marking 20 years of the ACT’s anti-discrimination laws, the ACT Attorney-General, Simon Corbell, said he wants to widen the territory’s legal recognition of human rights so it includes economic, social and cultural rights. He said he would encourage his cabinet colleagues to make the ACT a leader again on rights legislation.
Read MoreThe United Nations Special Rapporteur on trafficking in persons, especially women and children, Joy Ngozi Ezeilo, has concluded her country visit to Australia.
Read MoreThe Australian Government should take a leadership role in promoting and protecting human rights in the troubled Indonesian province of West Papua say two leading human rights organizations in a Joint Letter to the Foreign Minister, the Hon Kevin Rudd MP.
Read MoreThe passage of important legislation which requires the Federal Parliament to consider international human rights obligations when passing new laws has been warmly welcomed by the Human Rights Law Centre.
Read MoreVictoria Police must take a new approach to handling confrontation with people in crisis, the Human Rights Law Centre has said, following today’s release of the findings of the coronial inquest into the 2008 police shooting of Melbourne teenager Tyler Cassidy.
Read MoreVictoria Police must take a new approach to handling confrontation with people in crisis, the Human Rights Law Centre has said, following today’s release of the findings of the coronial inquest into the 2008 police shooting of Melbourne teenager Tyler Cassidy. The Human Rights Law Centre’s Director of Advocacy and Strategic Litigation, Anna Brown, said it is important to keep in mind that the police shooting of Tyler Cassidy was not a one off.
Read MoreWhen Mohamad Hassan Sultan and four other boys were innocently watching rubble being removed from a house destroyed in a cluster bomb strike, a truck bumped a tree, dislodging a cluster bomb. It detonated by Mohamad’s feet and blew up into him. He was killed and all his friends were injured. His shoes were blown off with parts of his feet and ankles still in them.
Read MoreThe Victorian Government is currently reviewing the Charter of Human Rights and Responsibilities Act. This review could result in the Charter being strengthened and streamlined, weakened, or even repealed. The Government position is being coordinated by the Office of the Premier and the Department of Premier and Cabinet. It is likely that a decision on the future of the Charter will be made within Government by December 2011, with a formal Government position announced in March 2012.
Read MoreOn 20 October 2011, a coalition of leading human rights NGOs, including the Human Rights Law Centre, Human Rights Watch and the Commonwealth Human Rights Initiative, sent an Open Letter to the Commonwealth Heads of Government regarding the need to take urgent action on human rights in Sri Lanka at the forthcoming meeting of the Commonwealth Heads of Government in Perth. The letter was written as further evidence emerges of serious violations of human rights and international humanitarian law against Tamil civilians by Sri Lanka's military, including systemic rape, murder and the targeting of hospitals and health care clinics.
Read MoreVictoria will become the first state in the developed, democratic world to substantially weaken the legal protection of human rights if the recommendations of a parliamentary committee on the future of the Victorian Charter of Human Rights are accepted.
Read MoreIn a landmark decision, the High Court of Australia has upheld the validity, operation and importance of Victoria’s Charter of Human Rights.
Read MoreIn a landmark decision, the United Nations Human Rights Committee has held that Australia violated the human rights of a permanent resident, and breached its international legal obligations, by cancelling his visa and deporting him to Sweden.
Read MoreAustralian law must be strengthened to prevent Australian officials from directly or indirectly exposing people to serious human rights violations, including torture and the death penalty.
Read MoreA parliamentary committee has recommended that the United Kingdom take a more principled, persistent and consistent approach to human rights in foreign policy. The House of Commons Foreign Affairs Committee, in their report on the Foreign Office's human rights work, welcomes the Government’s commitment to “the promotion of human rights overseas as one of its central foreign policy objectives”, but recommends that the UK “take a more robust and significantly more consistent position on human rights violations”.
Read MoreOn 6 July 2011, the Foreign Minister announced a comprehensive new strategy for Australia’s aid and development program.
Read MoreAustralia 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 Nations Member States.
Read MoreThe Australian Government has today formally responded to recommendations made by the UN’s Human Rights Council in February this year, claiming it will accept, at least in part, 90 percent of the recommendations arising from the Universal Periodic Review process. Whilst welcoming the majority of the Government’s response, the Human Rights Law Centre’s Director of International Human Rights Advocacy, Ben Schokman, said the ten percent the Government has rejected contain some of the most significant recommendations.
Read MoreOn 30 May 2011, the UN High Commissioner for Human Rights, Navi Pillay, delivered her report on the global state of human rights to the UN Human Rights Council in Geneva. The report deals with a wide range of international human rights issues, including Australia’s policy of mandatory immigration detention and the ongoing issue of Indigenous disadvantage and disempowerment. T
Read Moreon the operation of the Charter of Human Rights and Responsibilities, entitled Talking Rights, was tabled in Parliament. Each year, the Commission is required to submit a report to parliament which examines the operation of the Charter, including its interactions with other laws, and any declarations of inconsistent interpretation and override declarations.
Read MoreAustralia’s human rights record was scrutinised by the UN Human Rights Council through the Universal Periodic Review Process in January 2011. During that review, a significant number of countries asked questions and made recommendations about Australia’s immigration policies and the practice of mandatory detention.
Read MoreLast night’s fatal police shooting in St Kilda exposes the need for the independent investigation of police shootings and highlights the pitfalls of a media-unit lead response, say legal and human rights groups. “This is an extremely serious case,” said Mr de Kretser, Executive Officer of the Victorian Federation of Community Legal Centres.
Read MoreThe 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.
Read MoreThe review of the Charter of Human Rights and Responsibilities announced by the Attorney-General, the Hon Robert Clark, today is a significant opportunity to improve the promotion and protection of human rights in Victoria says a leading human rights centre.
Read MoreA new approach is needed for how Victoria Police handle confrontation with young people in crisis and investigations into serious police violence need to be independently conducted, the Human Rights Law Resource Centre said.
Read MoreLoopholes in Australia’s extradition procedures need to be closed to prevent exposing people to human rights violations, the Human Rights Law Resource Centre has recommended. The Commonwealth Attorney-General’s Department has concluded it consultation process for an exposure draft to update the Extradition Act and Mutual Assistance in Criminal Matters Act.
Read MoreThe HRLRC recently made submissions on the correct approach to the application of the Charter of Human Rights and Responsibilities Act 2006 (Vic) in the High Court of Australia. The appeal from the decision of the Court of Appeal of the Supreme Court of Victoria in R v Momcilovic (2010) 265 ALR 751, was heard in Canberra on 8–10 February 2011.
Read MoreThe United Nation’s Independent Expert on the Effects of Foreign Debt and other Related International Financial Obligations on Human Rights, Dr Cephas Lumina, will visit Australia this week to discuss efforts to prevent profiteering by vulture funds. Vulture funds are operated by private investment firms which purchase foreign debt of developing countries at a heavily discounted price and then seek to recover the full amount of debt with significant interest and spurious fees through legal proceedings based in countries such as the US, UK and Australia.
Read MoreIn December 2010, the UN Committee against Torture issued a ‘List of Issues Prior to Reporting’ for Australia. The purpose of this List is to outline those issues which the Committee would like Australia to address and respond to in its next periodic report to the Committee, due in 2012.
Read MoreOn 10 December 2010, a coalition of over 70 human rights NGOs, community organisations, corporations and religious groups wrote to the new Victorian Attorney-General, the Hon Robert Clark MP, calling on him to strengthen the Charter of Human Rights and Responsibilities Act. The signatories wrote that, overall, the Charter has had a positive impact on:
- governmental transparency and accountability;
- legislative and policy development, including by integrating human rights considerations and safeguards into laws and processes; and
- public service delivery and outcomes.
On 2 December 2010, the Human Rights Law Resource Centre, wrote to the Hon Robert Clark MP, Attorney-General for Victoria in the new Baillieu Government, setting out ten policies which the Centre considers the Victorian Government should implement as a matter of priority for a stronger, fairer and safer Victoria.
Read MoreOn 20 October 2010, the Tasmanian Government released a ‘Directions Paper’ proposing a Charter of Human Rights and Responsibilities for Tasmania. The Government is seeking responses to the paper by 14 January 2011. This is your chance to have your say on the promotion and protection of human rights and to learn from and build on Charters of Rights in Victoria and the ACT.
Read MoreOn 29 September 2010, the Human Rights Law Resource Centre sent a letter to to the Australian Government calling for the urgent enactment of legislation to provide complementary protection to asylum seekers at risk of persecution, torture or death if deported. Further, on 5 November 2010, the HRLRC, together with a coalition of leading refugee law academics and NGOs, sent a Briefing Note to Members of Parliament regarding the extension of protection to people at risk of torture and other serious human rights violations.
Read MoreOn 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.
Read MoreOn 6 September 2010, the Human Rights Law Resource Centre filed an application for leave to make submissions to the Victorian Court of Appeal in the matter of Director of Housing v Sudi. The matter is an appeal from the decision of Bell J, sitting as President of VCAT, in Director of Housing v Sudi [2010] VCAT 328, in which his Honour held that the Director of Housing acted unlawfully under the Victorian Charter of Human Rights and Responsibilities in seeking to evict a Somali refugee and his two year old son from public housing without providing any justification.
Read MoreOn 3 September 2010, the Human Rights Law Resource Centre, together with the International Service for Human Rights and the Pacific Regional Rights Resource Team, provided a Brief on the Pacific Region to Ms Margaret Sekaggya, the Special Rapporteur on the Situation of Human Rights Defenders, in advance of her visit to Fiji scheduled for 6 to 10 September 2010. The brief is based on desktop research and provides preliminary or background information on human rights structures, initiatives and issues in the Pacific region.
Read MoreThe 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.
Read MoreA 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).
Read MoreThis 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.
Read MoreIn an historic decision, the High Court has struck down legislation which resulted in the early close of the electoral rolls and denied over 100,000 Australians the right to vote. The decision is a landmark victory for representative democracy, political participation and accountable government.
Read MoreOn 23 July 2010, the HRLRC and GetUp! announced proposed action in the High Court of Australia to promote and protect voting rights for disadvantaged groups. The case is a constitutional challenge to the validity of changes to the Commonwealth Electoral Act 1918 made by the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006.
Read MoreAustralia 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 on Australia
Read MoreAustralia 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.
Read MoreAustralia 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, Kingsford Legal Centre and the National Association of Community Legal Centres.
Read MoreThe 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.
Read MoreThe 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 range of organisations and individuals. The more support the better. The report will be presented to the UN in August 2010, when Australia formally appears for review.
Read MoreOn 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 Strait Islanders, people in prison and immigration detainees.
Read MoreOn 2 June 2010, the Attorney-General introduced the Human Rights (Parliamentary Scrutiny) Bill 2010, a key element of the Government’s new ‘Human Rights Framework’, in the House of Representatives.
Read MoreThe Human Rights Law Resource Centre has published a Joint Memorandum of Advice from three leading barristers (Debbie Mortimer SC, Chris Horan and Kathleen Foley) in relation to the lawfulness of the suspension of the processing of asylum claims made by Sri Lankan and Afghan nationals. The detailed opinion concludes that the Australian Government's policy is unlawful under international and Australian law. The policy – and persons acting under the policy – are susceptible to challenge in the Federal Court of Australia and the High Court of Australia. A complaint could also be lodged with the United Nations Human Rights Committee.
Read MoreOn 3 May 2010, the Australian Parliament’s Human Rights Sub-Committee published a much anticipated report on Australia’s role in promoting and protecting human rights in the Asia-Pacific region, entitled Human Rights in the Asia-Pacific: Challenges and Opportunities. The Committee identified that the ‘Asia-Pacific is a diverse and complex region with a mosaic of human rights challenges’ and found that there is a ‘clear need to enhance mechanisms to protect human rights and to monitor and redress human rights violations’.
Read MoreOn 21 April 2010, the Attorney-General launched the Federal Government’s response to the National Human Rights Consultation, entitled ‘Australia’s Human Rights Framework. The Government’s Framework fails to implement the key recommendation of the National Human Rights Consultation Report – supported by over 87% of a record 35,000 submissions – that Australia enact a federal Human Rights Act.
Read MoreOn 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’.
Read MoreThe 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.
Read MoreThe UK Equality and Human Rights Commission has just released a major research report on ‘Developing a Bill of Rights for the UK’. The report aims to ‘identify and explore best practice processes for developing a new Bill of Rights for the UK’. The report analyses evidence from related domestic and international experiences (including the ACT, Victoria and Australia) and identifies key principles to underpin the development of a Bill of Rights, regardless of which political party is in power.
Read MoreThe announcement that Victoria Police will conduct a trial to roll-out Tasers to all uniformed and traffic management police in Bendigo and Morwell leaves vulnerable groups at risk of greater harm. “This announcement reflects the race to the bottom in the Victorian Government’s pre-election law and order agenda. We are seeing good, evidence-based policy being discarded in favour of policies that won’t work and that will place Victorians at greater risk, particularly our most vulnerable groups,” said Emily Howie, a senior lawyer with the Human Rights Law Resource Centre.
Read MoreThe 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 Northern Territory, he expresses serious concerns about several problematic aspects of the Northern Territory Emergency Response that breach Australia’s international legal obligations.
Read MoreIn 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 to three issues raised by that call.
Read MoreOn 15 December 2009, the Victorian Government passed new Regulations that declare the Adult Parole Board, the Youth Residential Board, and the Youth Parole Board (the Parole Boards) not to be "public authorities" for the purposes of the Charter of Human Rights and Responsibilities (the Victorian Charter).
Read MoreOn 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 local, regional and international levels.
Read MoreOn 8 October 2009 the National Human Rights Consultation Committee recommended that Australia enact a Human Rights Act.
Read MoreA major report by the House of Representatives Standing Committee on Family, Community, Housing and Youth, tabled on 26 November 2009, recommends the enactment of new homelessness legislation which enshrines ‘the right of all Australians to adequate housing’.
Read MoreIn 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.
Read MoreCentre Granted Leave to Appear as Amicus Curiae in Victorian Court of Appeal.
On 22 July, the Centre was granted leave to appear and was heard as amicus curiae in the Victorian Court of Appeal in the matter of Momcilovic v R.
The matter concerns the application of the Charter and the interpretation of s 5 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic), a ‘reverse onus’ provision.
Read MoreCentre Granted Leave to Appear as Amicus Curiae in Right to Life Test Case On 17 June, the Centre was granted leave to appear as amicus curiae in the Victorian Supreme Court in the matter of Chief Commissioner of Police v Bryant (in his capacity as Coroner).
The case concerned a coronial inquest into the death of a cyclist in December 2006 and, in particular, the Coroner's powers and the scope of matters into which the Coroner may inquire pursuant to s 19 of the Coroners Act 1985 (Vic). The Chief Commissioner of Police sought an order in the Supreme Court prohibiting the Coroner from inquiring into certain systems, policies and practices.
Read More