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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… -
Rights and Freedoms1 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… -
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… -
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. -
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… -
Sex Discrimination14 December 2012Speech
Peeling 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: -
Commission – General6 March 2013Speech
Asylum Seekers, Marriage Equality and Racial Vilification: What role for the AHRC? (2012)
Speech delivered to the Anglo-Australasian Lawyers Society -
Asylum Seekers and Refugees8 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… -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
Essentials for Social Justice: Close the Gap
Between December 2007 and July 2008 the Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma, will deliver a series of key speeches setting out an agenda for change in Indigenous affairs. -
Asylum Seekers and Refugees23 February 2014Opinion piece
We 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… -
Legal14 December 2012Webpage
Inquiry into Foetal Alcohol Spectrum Disorders 2012
This submission proposes and outlines a human rights-based response to developing a national approach to the prevention, intervention and management of FASD. -
Rights and Freedoms1 May 2013Publication
Human rights issues raised by the third country processing regime
The Commission recognises the importance of effective border management and recognises that Australia has a right as a sovereign State to exclude non-citizens from its territory. However, Australia also has international obligations in relation to asylum seekers who come here, including those who arrive by boat, which must be observed in its border management practices. This paper provides a… -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased had been arrested for driving under the influence of alcohol and for driving while disqualified. He was placed in what the Coroner described as an enclosed cell, in which occupant vision is impossible, at around 3.00am and told he would remain there for a period of four hours. -
14 December 2012Book page
Letter to small business organisations on draft premises standards
The Australian Human Rights Commission recently (May 2004) met with representatives from a number of small business organisations to discuss the draft Premises Standards. The purpose of the meetings was to provide additional information on a number of specific concerns that had been raised. The Commission followed up the meetings with a letter which is reproduced below. -
14 December 2012Book page
Social Justice Report 2004 : SUMMARY SHEET ONE
This provides an overview of the main events leading up to the introduction of the new arrangements for the administration of Indigenous affairs on 1 July 2004, as well as the key events which have occurred since that time to implement the new arrangements. For further detail on each of the events please refer to Appendix One. -
Rights and Freedoms14 December 2012Speech
Global to local: making human rights a reality in Australia today (2008)
I begin by acknowledging the traditional owners of the land on which we meet, the Gadigal people of the Eora nation, and pay my respects to their elders past and present. -
Legal14 December 2012Webpage
Technical Amendments to the NTA 1993
I am responding on behalf of the Human Rights and Equal Opportunity Commission to your invitation for submissions on the Government’s Second Discussion Paper: Technical Amendments to the Native Title Act 1993, (‘the Second Discussion Paper’). -
Legal14 December 2012Webpage
Inquiry into the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008
The Human Rights and Equal Opportunity Commission (HREOC) makes this submission to the Senate Legal and Constitutional Affairs Committee in its Inquiry into the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008. -
Disability Rights14 December 2012Speech
"Healthy Solutions for Children: Making the Right Choice"
I would like to acknowledge the traditional owners of the land on which we stand, the Eora People, and pay my respects to their elders both past and present, and in particular, Aunty Gloria.