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The Paris Principles set out the minimum standards required by national human rights institutions to be considered credible and to operate effectively. [94] In order to be effective and granted an ‘A status’, national human rights institutions must be independent, adequately funded and have a broad human rights mandate. ACHRA encourages the new Government to ensure that the Australian Human…

This report draws upon the extensive work the Australian Human Rights Commission has undertaken in the area of Australian law, policy and practice relating to asylum seekers, refugees and immigration detention. The Commission’s work has included conducting national inquiries, examining proposed legislation, monitoring and reporting on immigration detention, and investigating complaints from …

2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained…

As at 23 September 2013 there were 710 asylum seekers detained in the ‘regional processing centre’ on Nauru and 798 asylum seekers detained in the centre on Manus Island. [145] It is estimated that there are currently at least 44 children in the regional processing centre on Nauru, all of whom were transferred with their families as part of the new RSA, having arrived in Australia after 19…

Prior to the federal election on 7 September 2013, the then Opposition announced a number of policies which it would implement, if elected, to deter asylum seekers arriving in Australia by boat and to reform Australia’s refugee status determination process. Some of the key proposals which are relevant to the Commission’s mandate are briefly considered below. 4.1 Temporary Protection Visas…

Australia’s key human rights obligations which are relevant to asylum seekers, refugees and people in immigration detention are set out below. People should not be returned to a country where their life or freedom would be threatened (referred to as ‘ refoulement’) [208] Everyone has the right not to be subjected to arbitrary detention [209] Children should only be detained as a measure of…

There are two broad challenges regarding human rights and use of the Internet which emerge from the discussion in this paper, namely: How do we as a society achieve an appropriate balance between competing rights in an online environment? What steps should be taken to address discrimination in terms of the ability of certain groups to access (and safely utilise) the Internet? 10.1 Addressing…

As mentioned above, the Commission has worked and continues to work on a range of human rights issues connected with the Internet. Further information can be found on the Commission’s webpage ‘Human rights and the Internet’, at http://www.humanrights.gov.au/human-rights-and-internet. This includes links to the Commission’s work relating to: access and accessibility for people with disability…

The Internet has been in existence since the 1960s, and the World Wide Web since the 1990s. [1] Cyberspace, however, remains a relatively new terrain in terms of the questions it raises about human rights and responsibilities. The International Telecommunication Union estimates that almost 40% of the world‘s population, and over 76% of people in developed countries, are now internet users. …

This paper is intended to contribute to discussion; it is not intended to comprehensively or conclusively cover all issues surrounding human rights in cyberspace. The Australian Human Rights Commission (Commission) has worked and continues to working on a range of human rights issues connected with the Internet, including access and accessibility for people with disability access and online…

The Internet has opened up new possibilities for the realisation of the right to freedom of expression. This is due to the Internet’s unique characteristics, including ‘its speed, worldwide reach and relative anonymity’. [9] These distinctive features have enabled individuals to use the Internet to disseminate information in ‘real time’, and to mobilise people. [10] The United Nations…

As noted above, article 19(3) of the ICCPR permits limitations on the rights recognised in article 19(2), but those limitations must be: (1) provided by law and (2) necessary for respect of the rights or reputations of others, for the protection of national security, public order, or public health or morals. The HRC in its General Comment 34 has emphasised that: when a State party imposes

The challenge of finding the appropriate balance between rights is not one which is specific to the Internet.It is difficult to know if Australian laws that limit freedom of expression in the interests of other rights, or on other permissible grounds, have ‘drawn the line’ appropriately without a comprehensive review of such laws. In New Zealand, a legislative review undertaken by the New…

Current federal anti-discrimination laws would generally apply to cyberspace to the extent that discriminatory behaviour (or harassment) online relates to a protected attribute, and could be said to have occurred in one of the stipulated areas of ‘public’ life. This is particularly clear in relation to the prohibition on sexual harassment under the Sex Discrimination Act 1984 (Cth) (SDA), as…

While there appears to be no express right of general application to ‘access cyberspace/the Internet’ stipulated in any of the major international human rights instruments, [210] it has been argued at the international level that such access is critical, particularly in terms of the right to freedom of expression, and in the redressing of structural disadvantage. Accordingly a number of…

It is clear that the Internet provides unparalleled opportunities for the promotion and advancement of human rights, most centrally the right to seek, receive and impart information. The Special Rapporteur on that right has described the Internet as ‘one of the most powerful instruments of the 21st century for increasing transparency in the conduct of the powerful, access to information, and…

The role of the Australian Human Rights Commission is to see that human rights and fundamental freedoms are understood and respected in law, policy and practice. The Commission is independent from government, with a legislative mandate, and recognised internationally as an ‘A Status’ National Human Rights Institution. We strive to resolve complaints, encourage positive law reform and build a…

Under section 501 (and/or sections 501A and 501B) [1] of the Migration Act 1958 (Cth) (Migration Act), a non-citizen’s application for a visa may be refused or their visa may be cancelled if they do not satisfy the Minister for Immigration and Citizenship (the Minister), or the Minister’s delegate, that they pass the ‘character test’. During the 2011-12 financial year 88 people had their…