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Commission – General14 December 2012Speech
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Human rights are said to be universal and indivisible. This paper explores how far that universality introduces human rights principles into the functions and work of the Administrative Appeals Tribunal (AAT). The answer, I think, could be “further than you realise”. -
14 December 2012Book page
Community arrangements -asylum seekers, refugees and stateless persons
This year marks the twentieth anniversary of Australia’s introduction of mandatory immigration detention and the eighteenth anniversary of the system of mandatory, indefinite immigration detention. In the current context, it is apt to recall that mandatory detention was introduced in reaction to the arrival of asylum seekers by boat, with concerns about a potential ‘influx’… -
Legal14 December 2012Webpage
Commission submission - s134
1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the… -
14 December 2012Book page
Social Justice Report 2000: Chapter 4: Achieving meaningful reconciliation
This report identifies the necessity to adopt a human rights approach to reconciliation, as well as shortcomings in Australia's performance on human rights issues as they relate to Aborigines and Torres Strait Islanders. This chapter emphasises processes and mechanisms that enable reconciliation to be implemented within a human rights framework. It identifies crucial commitments and processes… -
14 December 2012Book page
Social Justice Report 2006
This appendix provides an overview of the main events with regard to the administration of Indigenous affairs to 30 June 2006. It commences with a summary table and is followed by a detailed description of each event. -
14 December 2012Book page
Bringing them Home - Chapter 9
In 1863 the area now known as the Northern Territory came under the control of South Australia. By 1903 the whole area was leased to non-Indigenous people. As there were few non-Indigenous women, relationships between the Indigenous women and non-Indigenous men were relatively common. The consequence was a growing population of children of mixed descent who were usually cared for by their mothers… -
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 childrens 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. -
Commission – General14 December 2012Speech
President speech: Using human rights to inform administrative decision-making
The right to non-discrimination on the basis of sex and immigration regulations: Abdulaziz, Cabales and Balkandali v The United Kingdom (28 May 1985) Eur Court HR -
14 December 2012Book page
A Report on Visits to Immigration Detention Facilities by the Human Rights Commissioner 2001
1.1 Background to this report 1.2 Compliance with human rights obligations 1.3 Conduct of visits 1.4 Overview of immigration detention facilities 1.5 Response by Department of Immigration and Multicultural and Indigenous Affairs -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. Save the Children Save the Children is the world's largest independent child development organisation, with 32 member countries and programs in over 100 countries. Save the Children works for: -
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). -
Legal14 December 2012Webpage
Migration Amendment (Immigration Detention Reform) Bill 2009
Recommendation 1: The Bill should be amended to ensure that detention in immigration detention centres is only used as a last resort and for the shortest practicable time, as committed to in Value 5. The words ‘The Parliament affirms as a principle that’ in section 4AAA(2) should be deleted. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. INTRODUCTION 2. HUMAN RIGHTS IMPLICATIONS FOR MINORS OF AUSTRALIA'S MANDATORY DETENTION 3. ADDITIONAL ISSUES FOR UNACCOMPANIED MINORS IN DETENTION 4. ALTERNATIVES TO DETENTION 5. CONCLUSION -
14 December 2012Book page
Bringing them Home - Chapter 13
Lots of white kids do get taken away, but that's for a reason - not like us. We just got taken away because we was black kids, I suppose - half-caste kids. If they wouldn't like it, they shouldn't do it to Aboriginal families. Confidential evidence 357, South Australia. -
14 December 2012Book page
Bringing them Home - Chapter 14
The Government has to explain why it happened. What was the intention? I have to know why I was taken. I have to know why I was given the life I was given and why I'm scarred today. Why was my Mum meant to suffer? Why was I made to suffer with no Aboriginality and no identity, no culture? Why did they think that the life they gave me was better than the one my Mum would give me? -
Education14 December 2012Publication
Human rights education in the national school Curriculum
The Australian Human Rights Commission (the Commission) welcomes the development of a national school curriculum (the Curriculum). We believe that the development of the Curriculum is a unique opportunity to ensure all young Australians develop an understanding and appreciation for human rights. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
We commend HREOC for instituting this Inquiry and thank them for giving us the opportunity to make input on an issue which is of grave concern to the Co-operative which, for 23 years has been advocating for the rights and needs of immigrant children and their families in a diverse multicultural society. -
14 December 2012Book page
HREOC Social Justice Report 2002: Summary
The Social Justice Report 2002 discusses initiatives currently underway or in development at the federal, state and territory levels in relation to Aboriginal and Torres Strait Islander Affairs. The report commends the following positive developments in Indigenous policy: -
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
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