Everyone has the right to live free of racial or religious discrimination, hatred and vilification. Acts of antisemitism prevent Jewish people from being able to freely practice their religion and culture and equally enjoy their human rights. Australia has obligations, as a signatory to the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination, to prohibit racial and religious hatred that incites discrimination, hostility, or violence.

The Human Rights Law Centre is extremely concerned about the rise of antisemitism and other forms of racism on university campuses and throughout society more broadly.

The Human Rights Law Centre recommends that the Parliamentary Joint Committee on Human Rights (PJCHR) take a careful, considered, consultative approach that is grounded in human rights law and principles when balancing the rights to be free of racial and religious discrimination with the rights to freedom of expression, assembly and academic freedom.

1. Amend section 18C of the Racial Discrimination Act: The PJCHR should recommend amendments to prohibit offending, insulting, or humiliating conduct based on race, religious belief, sexual orientation, gender identity, and disability.

2. Consolidate anti-discrimination laws: The PJCHR should advocate for the Commonwealth Government to consolidate federal anti-discrimination laws into a single, uniform, and modern Anti-Discrimination Act.

3. Enact a federal Human Rights Act: The Commonwealth Government should enact a federal Human Rights Act to incorporate enforceable elements of international human rights treaties, ensuring comprehensive and transparent protections for all people.

4. Adopt a balanced approach: The PJCHR should recommend the Commonwealth government pursue a cautious, consultative, and evidence-based approach to address issues related to the restrictions of rights as is required by international human rights law.

5. Clarify legislative frameworks: Clear guidelines should be developed to distinguish permissible expression from incitement to hatred.

6. Protect the right to peaceful assembly and freedom of expression: The PJCHR should recommend a review of laws and policies regulating public assemblies and freedom of expression in educational institutions to ensure compliance with international law.

7. Adopt the Rabat Plan’s six-part test: The PJCHR should recommend the adoption of guidelines informed by the Rabat Plan to help distinguish between legitimate expression and prohibited hate speech.

You can read the Human Rights Law Centre’s full submission here