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Legal14 December 2012Webpage
Commission submissions: P v P
1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's view should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child. -
14 December 2012Book page
Psychological Well Being of Child and Adolescent Refugee and Asylum Seekers
This paper outlines major international research findings of the past ten years reflecting knowledge gathered about the psychological health of child and adolescent refugee/asylum seekers. In doing so, several key areas of consistency are identified. First, with the majority of research in this area centered on the prevalence of psychopathology, and particularly post-traumatic stress symptoms, it… -
Legal14 December 2012Webpage
Commission submissions: Langer
1. An appeal lies to the Federal Court from "a judgment or order of a prescribed court exercising jurisdiction ~der" section 383 of the Commonwealth Electoral Act 1918 ("the Electoral Act'): sections. 383(9). A prescribed court is defined in sub-section 383(11) to include the Supreme Court of Victoria. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The current mandatory detention policy of the Commonwealth of Australia breaches the fundamental principle of the rights of the child which is that children should be able to develop to their full potential. The policy breaches every article of the Convention on the Rights of the Child. The policy violates the right to health as established by international law. -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased was in the psychiatric unit at Long Bay Prison. He approached a nurse on 25 July 1989 at 2.30pm and stated he was feeling ill. She gave him advice as to the illness and provided him with medication. He later approached another nurse and said he wanted to return to his cell. The nurse checked with a prison officer and he was taken to his cell at about 3.30pm. At 4.10pm he was… -
14 December 2012Book page
Native Title Report 2000: Appendix 1
(a) whether the finding of the Committee on the Elimination of Racial Discrimination (CERD Committee) that the Native Title Amendment Act 1998 is inconsistent with Australia's international legal obligations, in particular the Convention on the Elimination of all Forms of Racial Discrimination, is sustainable on the weight of informed opinion; -
15 July 2014Book page
Chapter 3: How do we keep moving forward? A road map for our future
3.1 Introduction In chapters 1 and 2, I look back over the past 20 years that the Social Justice Commissioner position has been in place and think about the journey and our learning over this time. In this chapter, I want to explore how those lessons can take us forward to chart a confident course into the future and how the realisation of our rights can produce long term sustainable… -
Legal14 December 2012Webpage
CERD Index
This submission is prepared by Australia's national human rights institution, the Human Rights and Equal Opportunity Commission (HREOC). It provides information in relation to the Australian Government's combined 13th and 14th periodic report under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). All of the material contained in this document has… -
Commission – General14 December 2012Speech
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I feel very honoured to have been invited to contribute to this symposium. As a theme for today's discussion, I have chosen the notions of regionalisation and responsibility within Asia and the Pacific. I believe that the ability to accept responsibility for our neighbourhood, and to generate cooperative regional dialogues and actions to fulfill that responsibility will be the key to meeting the… -
14 December 2012Book page
Human Rights Brief No. 4
Many fundamental freedoms are guaranteed by international human rights law. They include the freedoms of expression, movement and choice of residence, peaceful assembly and association, and the freedom to manifest one's religion or belief. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Although it is not possible to precisely specify all the circumstance that lead people to arrive in Australia through people smuggling routes, there can be no doubt that they undertake perilous journeys which put their lives and that of accompanying family members at risk. Given the very high rates of approval for those who have sought asylum in Australia through these routes, it is reasonable to… -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 13
Superannuation is one of the main ways of saving for retirement. It is designed to provide financial security for individuals and their families in retirement; or when a person dies unexpectedly. -
14 December 2012Book page
Bringing them Home - Chapter 18
Indigenous mental health is finally on the national agenda. As participants in the National Mental Health Strategy, States and Territories acknowledge the importance of the issue. Some of the effects of removal including loss and grief, reduced parenting skills, child and youth behavioural problems and youth suicide are increasingly recognised. -
14 December 2012Book page
Native Title Report 2007: Overview
The year 2007 is the fortieth anniversary of the 1967 constitutional referendum. The referendum changed the Australian Constitution however it didn’t specify directions to be taken. In many ways, it could be said that the referendum represented promises to Indigenous Australians for new ways of enjoying human rights, and promises to other Australians that Indigenous citizens could expect a… -
14 December 2012Book page
Native Title Report 2007: Chapter 1
Native title is now well established in Australian law. The native title system was set up in 1994 under the Native Title Act 1993 (Cth) (the Native Title Act). It is for gaining recognition and protection of native title, and for resolving native title matters. It has been successfully used in many parts of the country. -
Aboriginal and Torres Strait Islander Social Justice27 November 2015Publication
Social Justice and Native Title Report 2015
Executive Summary I am delighted to present my sixth Social Justice and Native Title Report 2015 as Aboriginal and Torres Strait Islander Social Justice Commissioner. I am required to report every year to Parliament on the exercise and enjoyment of the human rights of Aboriginal and Torres Strait Islander peoples. This also includes reporting on the operation of the Native Title Act 1993 … -
14 December 2012Book page
Sterilisation
This paper will highlight the findings of research examining Family Court and state Guardianship Tribunal's originating materials and written reports from 'experts' and family members. It includes all sterilisation cases involving minors that have proceeded to legal judgment in Australia between 1992-1998. The central assertion is that non-consensual sterilisation continues to be framed as a… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Australian Lawyers for Human Rights (ALHR) is a network of Australian lawyers interested in furthering awareness and advocacy of human rights in Australia. ALHR promotes the practice of human rights law in Australia and works with Australian and international human rights organisations to achieve this aim. -
Disability Rights14 December 2012Speech
Mental health and human rights: the state of play in 2005
Comprehensive Area Psychiatrists Special Interest Group Rozelle Hospital Dr Sev Ozdowski OAM Human Rights Commissioner and Acting Disability Discrimination Commissioner May 17 2005 -
14 December 2012Book page
Native Title Report 2007: Chapter 4
One part of the funding is the ‘respondent funding scheme’ operated by the Attorney-General’s Department. Under this scheme the Attorney-General can grant legal or financial assistance to certain non-claimant parties to enable them to participate in native title proceedings.1