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14 December 2012Book page
Native Title Report 2001: Chapter Three: Negotiating co-existence through framework agreements
A stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land is emerging through negotiation and agreement-making. Native title agreements are increasingly seen as an important tool in defining the rights of native title holders over their land. But here, as in other aspects of native title, there is concern that there are currently… -
Legal
14 December 2012WebpageAustralia's compliance with the Convention Against Torture
Learn how Australia complies with the UN Committee Against Torture in areas such as immigration detention, prison conditions and victims of trafficking. -
Legal
14 December 2012Webpage
INQUEST INTO THE DEATH OF SCOTT SIMPSON
1.2 These written submissions are made by the Human Rights and Equal Opportunity Commission (‘the Commission’) pursuant to its functions relating to human rights under section 11(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’).[1] In these submissions, the Commission sets out the human rights issues surrounding the incarceration and… -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
1. BACKGROUND TO UNAA's CONCERN 2. THIS INQUIRY 3. AUSTRALIA'S INTERNATIONAL HUMAN RIGHTS OBLIGATIONS 4. MANDATORY DETENTION OF CHILDREN, and ALTERNATIVES 5. CHILD ASYLUM SEEKERS IN DETENTION AND THE COMMUNITY 6. IMPACT OF DETENTION ON THE DEVELOPMENT OF CHILDREN 7. MEASURES REQUIRED TO PROTECT INTERESTS OF CHILDREN 8. MEASURES FOR PROTECTING INTERESTS OF CHILD ASYLUM SEEKERS AND REFUGEES 9… -
14 December 2012Book page
Annual Report 2002-2003: Chapter 5
Dr Sev Ozdowski OAM commenced duty as Acting Disability Discrimination Commissioner in December 2000 in addition to his duties as Human Rights Commissioner. In April 2003 the Attorney-General announced an extension of this acting position until 3 April 2004. -
Rights and Freedoms
14 December 2012SpeechThe human rights of older Australians in the bush: Chris Sidoti
I am very pleased to be here tonight at the Rural Ageing Seminar dinner. Thank you, to Dame Roma and the Rural Ageing Seminar Reference Group, for inviting me to attend an event that (for once) takes place where it counts - in rural South Australia. -
Legal
14 December 2012Webpage
Notice of inquiry: Application for exemption under Disability Discrimination Act section 55 and Sex Discrimination Act section 44: Civil Aviation medical standards
The Civil Aviation Safety Authority (CASA) applied on 29 July 2002 to the Human Rights and Equal Opportunity Commission for temporary exemption under the Sex Discrimination Act 1984 ("SDA"), section 44, and the Disability Discrimination Act 1992 ("DDA"), section 55, for persons acting pursuant to existing Civil Aviation Regulations regarding medical fitness and proposed… -
Aboriginal and Torres Strait Islander Social Justice
3 August 2017SpeechKey Forum on Education, Garma Festival
Garma Festival 2017 June Oscar Aboriginal and Torres Strait Islander Social Justice Commissioner Australian Human Rights Commission Key Forum on Education Friday 4 August 2017 Acknowledgements and Intro [Introduction in Bunuba] Yaningi warangira ngindaji yuwa muwayi ingirranggu, Yolngu yani u. Balangarri wadjirragali jarra ningi – gamali ngindaji yau muwayi nyirrami ngarri thangani. Yaningi… -
Rights and Freedoms
1 May 2013Webpage
Rights to equality and non discrimination
Back to Rights and freedoms: right by right Introduction | What are Australia's obligations? | What does discrimination mean? | What grounds of discrimination are covered? | International scrutiny | Commission work | More information | Comments Introduction Non-discrimination and equality rights are central features of the major human rights treaties. Rights of equality and non… -
14 December 2012Book page
Social Justice Report 1998 : Introduction: A Handful of Soil
The removal of the children from Wave Hill by MacRobertson Miller aircraft was accompanied by distressing scenes the like of which I wish never to experience again. The engines of the 'plane are not stopped at Wave Hill and the noise combined with the strangeness of an aircraft only accentuated the grief and fear of the children, resulting in near-hysteria in two of them. I am convinced that the… -
Legal
14 December 2012Webpage
The protection of genetic information of Indigenous peoples
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner of the Human Rights and Equal Opportunity Commission. It considers the human rights implications of the use of the genetic information of Aborigines and Torres Strait Islanders (herein, Indigenous peoples) and the adequacy of current levels of protection. -
Asylum Seekers and Refugees
23 February 2014Opinion pieceWe can't 'outsource' our moral obligations to these people
Events on Manus Island have graphically and tragically brought to the attention of the Australian public the inappropriateness of the current arrangements for the regional processing of asylum seekers. I have been troubled by the loss of life and the injury that has occurred on Manus Island over this past week, even as we wait for further information about what exactly has occurred. I am… -
14 December 2012Book page
Native Title Report 2006:
Land granted is freehold title (estate in fee simple) which is held by an Aboriginal Lands Trust. As a result of recent amendments,1 this land is now capable of being alienated. -
Legal
31 May 2016Speech
Hotung Fellowship Public Lecture 2016
Human rights across the Tasman: a widening gulf. I am honoured to have been invited to give this lecture at the Law School of the University of Canterbury, funded by the generosity of the Sir Eric Hotung Fellowship. -
Asylum Seekers and Refugees
8 January 2014Publication
A last resort? National Inquiry into Children in Immigration Detention
This is an important report. It deals with our treatment of children in the most recent wave of boat people seeking refuge and a better life on our shores. It does so in the knowledge that there is a tension created by the community expectation that the Government will defend Australia's security while simultaneously upholding individual rights - the notion of the 'fairgo' for all. The report… -
14 December 2012Book page
Community arrangements for asylum seekers, refugees and stateless persons
There are a host of benefits associated with community arrangements for asylum seekers, refugees and stateless persons. Community arrangements are more closely aligned with international human rights law and standards than models of indefinite closed immigration detention. They also provide for far more humane treatment of people seeking protection. -
14 December 2012Book page
Part 4: Bystander interventions in violence prevention
Bystanders have received growing attention as a potential means of violence prevention. Amongst efforts oriented towards the primary prevention of domestic and family violence, sexual violence and other forms of interpersonal violence, mobilising bystanders to prevent and respond to violence or to the situations and factors which increase the risk of violence taking place (‘bystander… -
Commission – General
6 March 2013SpeechAsylum Seekers, Marriage Equality and Racial Vilification: What role for the AHRC? (2012)
Speech delivered to the Anglo-Australasian Lawyers Society -
4 February 2015Book page
5 What does the law say about detaining children?
5.1 Mandatory detention and lawfulness 5.2 Arbitrariness 5.3 Review of detention 5.4 Shortest appropriate period of time 5.5 Decision-making in relation to children 5.6 Minimum conditions of detention 5.7 Duty of care 5.8 Findings in relation to detention law, policy and practice Both domestic and international human rights law are clear when it comes to the detention of children. The… -
Sex Discrimination
14 December 2012SpeechPeeling the inequality onion
This paper considers national and international legislative and other provisions regarding equality for women in the labour market. Australia ranks second to Sweden in terms of pay equity. It is argued that over the last two decades of global shifts to labour market decentralism and deregulation, Australian women have fared relatively well. Three fundamental reasons stand out: