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Rights and Freedoms
14 December 2012WebpageHuman Rights: Discrimination in Employment on Basis of Criminal Record
Australians who have a criminal record often face significant barriers to full participation in the Australian community. Trying to find a job is one of the areas of greatest difficulty for former offenders. This discussion paper explores one potential barrier to employment: discrimination in the workplace on the basis of criminal record. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 8: Deprivation of Liberty and Humane Detention
In accordance with the general principle stated at Guideline 2 and the UNHCR [1] Guidelines on Refugee Children, minors who are asylum seekers should not be detained… -
14 December 2012Book page
Native Title Report 2002: Recognition of native title
Native title is an intersection of two different legal systems and cultures. The way in which Australia chooses to give recognition to the relationship that Indigenous people have with their land, and the range of options it considers to express that relationship, are matters that affect the human rights of Indigenous people. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The Australian Psychological Society categorically condemns the practice of detaining child asylum seekers and their families, on the grounds that it is not commensurate with psychological best practice concerning children’s development and mental health and wellbeing. Detention of children in this fashion is also arguably a violation of the UN Convention on the Rights of the Child. -
14 December 2012Book page
Native Title Report 2002: Discrimination and native title
The resolution of the debate as to whether the extinguishment of native title by the common law and the Native Title Act 1993 (Cwlth) (‘NTA’) is racially discriminatory, depends upon the interpretation given to its two essential components: extinguishment and discrimination. The interpretation that the High Court has given to the extinguishment provisions of the NTA and its relationship… -
14 December 2012Book page
Appendix 1: Case studies
Until December 2009, Ali Jasmin lived with his family in Bala Uring, a small village on the island of Flores, Indonesia. His family bought fish from the local fishermen and sold them at the market. Ali had completed seven years of schooling and worked as a fisherman in a little town not far from his home. -
14 December 2012Book page
Comments by Aboriginal and Torres Strait Islander Social Justice Commissioner on MMSD (Australia) Project (2001)
In early 2001 AMEEF, as managers of the MMSD (Australia) project, commissioned various studies including a baseline assessment of the minerals industry and five other areas of interest: mining and biodiversity, stakeholder engagement, mining-Indigenous agreements, managing minerals wealth, and industry-based initiatives for sustainable development. These studies will contribute to a final report… -
Legal
14 December 2012WebpageMorton v Queensland Police Service D75/08. (2008)
The Human Rights and Equal Opportunity Commission (‘the Commission’)[1] has been granted leave to appear as an amicus curiae in the hearing of this appeal. -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
To those of you who have been following this Inquiry closely, it may be unclear as to why this hearing is taking place as I had said in December 2002 that those would be the last of the Inquiry's hearings. I will therefore briefly set out the history and methodology of the Inquiry to this point which will take us to why we are here today. I will then set out what steps remain to be completed… -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The death was the result of coronary atherosclerosis. There is no evidence which creates any suspicion that there was a causal link between the deceased being held in custody and his death. -
14 December 2012Book page
2011 Immigration detention at Curtin
For more than a decade, the Australian Human Rights Commission has called for reforms to Australia’s system of mandatory and indefinite immigration detention – both in light of the impacts it has on people’s mental health and wellbeing, and because it leads to breaches of Australia’s international human rights obligations. During this time, the Commission has investigated… -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased was travelling with a friend in a car on Kloeden St, Ceduna at around 1:30am on the morning of Sunday 2 July. The car was approached by police who later stated that they were attending to a break-in in the street. The officers ran a warrant check on the pair. The friend was allowed to go but the deceased was arrested on warrants for non-payment of fines and a non-appearance on an… -
Legal
14 December 2012Webpage
Commission Submission - Amicus Curiae - Jacomb v Australian Municipal, Administrative, Clerical And Services Union
General Recommendation No 5 Seventh Session, 1988 (Attachment Ten) General Recommendation No 23 Sixteenth Session, 1997 (Attachment Eleven) General Recommendation No 25 Thirtieth Session, 30 January 2004 (Attachment Twelve) -
Legal
14 December 2012Webpage
Review of Counter-Terrorism and National Security Legislation
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. -
Legal
14 December 2012Webpage
Proposed Wild Rivers Declarations
‘The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.’[11] There is a fundamental link between accessing water and living in dignity which means that the human right to water is receiving increased attention and recognition both in Australia and worldwide.[12] The right to water is linked… -
Legal
14 December 2012Webpage
melbourne trams exemption reasons
5. Issues for consideration 5.1 Submissions on the application 5.2 What should be done to make Melbourne trams accessible? 5.3 The question of heritage values -
14 December 2012Book page
Annual Report 2001-2002: financial
At 30 June the Commission recognised no contingent losses or gains. The contingent loss noted in 1999-00 was realised in 2000-01 and is included in Suppliers expense. -
14 April 2015Book page
5 Nations - Self-determination and a new era of Indigenous governance
5.1 Introduction 5.2 The importance of Nations 5.3 Framework for Indigenous governance 5.4 Community governance: a Nation building approach 5.5 Australian accounts of successful nation building 5.6 Voices of Nations, not just national voices 5.7 Conclusions and recommendations 5.1 Introduction Since the beginning of my term as Aboriginal and Torres Strait Islander Social Justice Commissioner… -
Legal
26 February 2016Submission
Submission to Inquiry into the Regulatory and Legislative Aspects of Surrogacy Arrangements (2016)
Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Surrogacy and human rights 4.1 What is surrogacy? 4.2 Human rights issues in surrogacy arrangements 5 Current regulation of domestic surrogacy in Australia 6 Options for future domestic regulation: increase consistency and certainty domestically 6.1 Previous attempts at national consistency 6.2 Identifying people willing to enter… -
14 December 2012Book page
HREOC Report No. 17
This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission (the Commission) following an inquiry conducted by the Commission. The inquiry related to a complaint by the Asylum Seekers Centre (the Centre) against the Commonwealth of Australia (the Commonwealth), Department of Immigration and Multicultural Affairs (the Department).