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Rights and Freedoms
6 June 2013WebpagePermissible limitations on rights
See how some human rights are recognised as absolute rights that can't be limited, including freedom from torture, slavery and retrospective criminal laws. -
25 September 2013Book page
4 Permissible limitations of the ICCPR right to freedom of expression
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 -
Rights and Freedoms
1 May 2013Webpage
Permissible limitations on freedom to manifest religion or belief
Under article 18 of the ICCPR, any actions which fall within the four types of manifestation of belief (worship, observance, teaching and practice) can, in certain circumstances, be subject to limitation by the State. The freedom to manifest religion in sub-paragraph 18(1) is qualified by the limitations set out in sub-paragraph 18(3), including those which are ‘necessary to protect…the -
30 September 2020Conciliation register
2019-02-06
The complainant has a limited ability to lift weight and move his arms due to undergoing a quadruple bypass to manage a heart condition. He erected a temporary pergola in his backyard, as he was unable to operate a different type of shade structure because of his disability. He alleged the respondent owners corporation failed to approve his application for the pergola as a reasonable… -
16 March 2022Conciliation register
2020-08-03
The complainant has Autism Spectrum Disorder, Post-traumatic Stress Disorder, and depression. She resided in a caravan park and sought permission to have an assistance dog reside with her. The caravan park declined the request, citing its ‘no pets’ policy for guests and residents. On being advised of the complaint the business indicated a willingness to participate in conciliation. The… -
Commission – General
9 December 2022News story
Outstanding advocates celebrated in 2022 Human Rights Awards
An Australian not-for-profit organisation Mahboba’s Promise has won the prestigious Human Rights Medal in the 2022 Human Rights Awards. Mahboba Rawi and Nawid Cina received the accolade at a ceremony hosted by the Australian Human Rights Commission Friday, 9 December. Other awards went to Caroline Cecile Fletcher (Young People’s Award), Scientia Professor Jane McAdam (Law Award), and Hotel… -
21 May 2020Conciliation register
2018-11-03
The complainant has osteogenesis imperfecta (also known as ‘brittle-bone disease’). She approached the respondent government department seeking clearance to teach at a public school after completing a teaching qualification. She alleged the department offered her limited permission to teach because of her disability. The department claimed it had an obligation to ensure potential staff were… -
11 September 2020Conciliation register
2019-01-10
The complainant has Obsessive-Compulsive Disorder, depression and anxiety and was employed with the respondent local council. He said he experienced a panic attack at work arising from issues in his personal life. He alleged a manager disclosed information about his disability and attraction to a former supervisor without his permission. He also alleged the council did not permit him to… -
21 May 2020Conciliation register
2018-11-08
The complainant has a physical disability and uses a scooter for mobility. She purchased a property at a residential village for persons over 50 years of age. She alleged a designated parking by was created for her scooter. She alleged she was unable to access the village pool because the distance from the parking bay to the pool was too great for her to walk. On being advised of the… -
Technology and Human Rights
2 July 2023Opinion pieceAustralia needs to be a world leader in ethical AI
Find out more about how Australia can be a leader in responsible and ethical artificial intelligence. -
Rights and Freedoms
1 May 2013Webpage
Balancing freedom of religion and other rights: European approaches
Determining whether the right to freedom of religion is engaged The European Court of Human Rights has dealt with a substantial number of cases regarding freedom of religion and belief under article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which provide useful guidance regardng the very similar provisions of ICCPR Article 18. In considering… -
25 September 2013Book page
1 Background and context
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. … -
Sex Discrimination
30 November 2021SpeechLaunch of Set the Standard
Sex Discrimination Commissioner, Kate Jenkins launches “Set the Standard” report aims to improve safety and respect in Australian parliamentary workplaces. -
Rights and Freedoms
1 May 2013Webpage
Freedom of movement
Back to rights and freedoms:right by right Article 12 | International scrutiny | Resources | Comments Article 12 ICCPR Article 12 states: Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. Everyone shall be free to leave any country, including his own. The above-mentioned rights shall not… -
Legal
14 December 2012WebpageCommission submissions: Khafaji
SHDB Appellant PHILIPPA GODWIN First Respondent JULIE HELEN KEENAN Second Respondent MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS Third Respondent -
Sex Discrimination
5 March 2019Publication
Guidelines: Equal opportunity for women and girls in golf (2019)
Participation in sport is a human right. Sport provides physical, social and mental health benefits, and plays a positive role in building communities. For this reason, it is essential that both women and men feel welcome to participate in sport, including golf. -
Asylum Seekers and Refugees
5 May 2021Media ReleaseMedia Statement: Federal Court improves pathways to protection for more than a thousand asylum seekers taken to Ashmore reef
More than 1,000 asylum seekers have a greater ability to apply for protection in Australia following a landmark judgment by the Federal Court on Tuesday. “When a person seeks asylum in Australia, it’s vital that their application be processed quickly, fairly and transparently. This judgment will remove administrative barriers for a vulnerable group of people who have been waiting too long to… -
Legal
14 December 2012Webpage
Commission submissions: Sakhi
1. The Human Rights and Equal Opportunity Commission (“the Commission”) seeks the leave of the Court to intervene to make submissions in this case. -
Legal
14 December 2012Webpage
Morton v. Queensland Police Service (2010)
The Australian Human Rights Commission (‘the Commission’) has sought leave to appear as amicus curiae in these appeal proceedings. The Commission does not argue for a particular outcome in the appeal, but rather seeks to identify the relevant principles of law for the assistance of the Court. -
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.