News in brief - Human rights in the headlines

A new report highlights various ways in which Australia's co-operation with Sri Lanka’s military puts asylum seekers at risk. The report includes a DFAT cable obtained under Freedom of Information laws that reveals the Australia Federal Police declined to interview a man claiming to have been severely tortured after being sent back to Sri Lanka by Australia.

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Council can act on fertility control clinic protest without new move on laws

The Human Rights Law Centre today rejected comments by Lord Mayor Robert Doyle who claimed the Melbourne City Council felt “impotent” to act against anti-abortion protestors who for decades have beset the East Melbourne Fertility Control Clinic. Cr Doyle welcomed new laws allowing police to move on protesters and said they would help remove the protestors from the front of the clinic.

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High Commissioner for Human Rights puts Australia’s asylum seeker policies in UN’s sights

Australia must review its offshore processing arrangements with PNG and Nauru to ensure the basic rights of asylum seekers are being respected, says the United Nations High Commissioner for Human Rights, Navi Pillay. Ms Pillay has released the opening statement on her 2013 Annual Report, discussing issues of worldwide human rights concern.

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States must address age and disability when combatting gender discrimination under CEDAW

R. P. B. v the Philippines, Committee on the Elimination of Discrimination against Women, Views: Communication No 34/2011, 57th sess, UN Doc CEDAW/C/57/D/34/2011 (23 May 2011)

The Committee on the Elimination of Discrimination against Women has found that the Philippines breached the rights of a mute and hearing impaired girl to non-discrimination under the Convention on the Elimination of Discrimination against Women (CEDAW), in the investigation and trial of her alleged rape. The Philippines had, in investigating the crime and in the trial, failed to provide a free interpreter and had used stereotypes and gender-based myths, disregarding the victim’s specific situation as a girl who is both mute and hearing impaired. The Committee noted that the obligations of the State include the obligation to consider the specific situation of the complainant, being her age and disability.

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Inquiry into government access to internet and phone data announced

On 12 December the Senate announced an inquiry into the Telecommunications (Interception and Access) Act 1979. The Act, among other things, allows for the interception and access of telecommunications data by Government agencies in certain circumstances. In some cases this means access by local governments and agencies to your personal data without a warrant, or indeed any judicial oversight

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MichelleBennettPrivacy
Children given right to bring complaints before UN Committee

A new complaints mechanism under the UN Convention on Rights of Child is about to take effect. On 14 January 2014, Costa Rica became the tenth state to ratify the Third Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, meaning that three months’ time, on 14 April 2014, the complaints mechanism will come into force.

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Rising to the Challenge: Australia’s contribution to the 12th Assembly of States Parties to the Rome Statute of the International Criminal Court

From 20-28 November 2013, Australia joined 121 other States Parties, members of civil society and other stakeholders in The Hague for the 12th annual Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC). As the governing and legislative body of the ICC, the ASP discusses and decides on issues central to the Court's operations. The main topics of debate set for the 12th session were cooperation and the impact of the Rome Statute system on victims; however, at the request of the African Union, a special segment was held on the indictment of sitting heads of State and government and its consequences for peace, stability, and reconciliation.

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New Victorian move-on powers unreasonably limit free speech and protest rights

Proposed new ‘move-on’ powers for police in Victoria will unreasonably limit human rights and are susceptible to misuse. The Human Rights Law Centre’s Executive Director, Hugh de Kretser, said protest rights and free speech are particularly threatened, but the proposed laws may also have an impact on young people and the homeless.

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Inquiry into NSW racial vilification laws: Final Report tabled

The Parliamentary Committee that conducted an inquiry into NSW racial vilification laws tabled its Final Report on 3 December 2013. The Law and Justice Committee of the NSW Legislative Council was charged with a review of section 20D of the Anti-Discrimination Act 1977 (NSW), which sets out the criminal offence for serious racial vilification. The Human Rights Law Centre made a submission to the inquiry earlier this year.

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Voter ID laws introduced in Queensland

On 21 November 2013 Queensland’s Attorney-General, Jarrod Bleijie, introduced the Electoral Reform Amendment Bill into Queensland’s parliament. Among other things, the bill contains provisions to give effect to Queensland’s new policy in which voters in Queensland elections must show identification in order to be able to vote.

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Human Rights Week Challenge 2013

Thank you to all our supporters who generously donated to our Human Rights Week Challenge 2013.

Your support, and the matching donations of King & Wood Mallesons, Allens, Oak Foundation and our board members, raised over $100,000 toward vital human rights litigation, education and advocacy.

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MichelleBennettOther
Victoria Law Foundation funded HRLC research highlights importance of storytelling in human rights advocacy

A new report by the HRLC's Rachel Ball considers the benefits and challenges of storytelling in human rights and social justice advocacy. The report, ‘When I Tell My Story, I’m in Charge: Ethical and Effective Storytelling in Advocacy’, sets out a range of approaches, techniques and examples to inform community legal centres in their advocacy efforts for systemic change.

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Scanlon Foundation report on social cohesion

The report on the findings of the sixth Scanlon Foundation Mapping Social Cohesion Survey, conducted in 2013, has recently been published. This report builds on the knowledge gained through the five earlier Scanlon Foundation surveys conducted in 2007, 2009, 2010, 2011 and 2012. The Scanlon-Monash Index of Social Cohesion provides an overview in the five core domains of social cohesion: belonging, worth, social justice, participation, and acceptance and rejection.

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Amnesty International and Human Rights Watch reports on drone strikes

Amnesty International has recently released a report on US drone strikes in Pakistan. This report is not a comprehensive survey of US drone strikes in Pakistan; it is a qualitative assessment based on detailed field research into nine of the 45 reported strikes that occurred in Pakistan's North Waziristan tribal agency between January 2012 and August 2013 and a survey of publicly available information on all reported drone strikes in Pakistan over that period.

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MichelleBennettOther
The neglected genocide: Report on abuses in Papua 1977–1978 launched

The Asian Human Rights Commission and Human Rights and Peace for Papua launched a report on the human rights abuses that took place in the central highlands of Papua, Indonesia between 1977–1978.The report discusses violations under the Convention on the Prevention and Punishment of the Crime of Genocide and aims at truth-building. The report, which was concluded after three years of research by the AHRC, reveals the death of over 4,000 indigenous Papuans, including minors, as a result of operations conducted by the Indonesian military in the area.

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Expert Legal Opinion Gives Green Light for NSW Same-Sex Marriage

The Human Rights Law Centre and has made public the legal advice it obtained from Mr Bret Walker SC and Perry Herzfeld, on behalf of Australian Marriage Equality, that confirms that the NSW Same-Sex Marriage Bill would be constitutionally valid. The advice follows reports that the Bill will be introduced and debated in the NSW Upper House on October 31st.

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Australia should stand strong in support of the International Criminal Court at the UN Security Council

When Australia – one of the ICC’s strongest supporters – was elected to the Security Council for 2013 and 2014, Amnesty International and other supporters of international justice hoped that it would work to challenge many aspects of the Security Council’s approach writes Amnesty International's Legal Adviser, Jonathan O'Donohue.

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UK first country to launch comprehensive national action plan implementing the UN Guiding Principles on Business and Human Rights

On 4 September, the UK introduced a new national action plan entitled “Good Business: Implementing the UN Guiding Principles on Business and Human Rights”. The action plan is intended to help UK companies understand and manage human rights and to articulate the UK Government’s expectations about business behaviour, both in the UK and overseas.

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Ruling vindicates ‘Occupy Melbourne’ protesters but highlights lack of legal protections for free speech and protest rights

“Free speech is the cornerstone of democracy. Australian law must adequately protect essential democratic rights such as freedom of expression and the right to peaceful assembly. Whilst the decision is a mixed bag, it is an important vindication for the protestors who believed that the actions taken against them where arbitrary and unlawful," said Ms Brown.

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“Unspeakable atrocities” reported by the UN inquiry into human rights in the Democratic People’s Republic of Korea

The head of a UN-appointed inquiry into human rights in North Korea reported that testimony heard so far by his panel pointed to widespread and serious violations in every area it had been asked to investigate. “What we have seen and heard so far – the specificity, detail and shocking character of the personal testimony – appears without doubt to demand follow-up action by the world community, and accountability on the part of the Democratic People’s Republic of Korea,” Michael Kirby, chair of the UN Commission of Inquiry on Human Rights in the DPRK, said in an oral update to the Geneva-based UN Human Rights Council.

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Tasmanian Children’s Commissioner promotes smart alternatives to youth detention

Tasmania’s acting Commissioner for Children Elizabeth Daly has released the Alternatives to Secure Youth Detention in Tasmania report advocating for a justice reinvestment framework. The report calls for young offenders to be diverted away from the criminal justice system in compliance with the United Nations Convention on the Rights of the Child.

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Police shooting in Windsor highlights the need for independent investigation

The fatal shooting of a man last night in Windsor by a Victoria Police officer highlights the need for independent investigations into police-related deaths. The Human Rights Law Centre’s Director of Advocacy and Strategic Litigation, Anna Brown, said that the current practice of police investigating themselves undermined public confidence in police and breached international human rights guarantees.

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MichelleBennettPolice
UN finds Australia guilty of 143 violations of international law for indefinite detention of refugees

The UN Human Rights Committee has found that Australia’s indefinite detention of 46 recognised refugees (42 Tamils from Sri Lanka, three Rohingya from Myanmar and a Kuwaiti) held in immigration detention for over two and a half years on ‘security grounds’ was inflicting serious psychological harm and amounted to cruel, inhuman and degrading treatment contrary to article 7 of the ICCPR. 

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Farewell to Acting Commissioner Karen Toohey

Karen was farewelled by the Victorian human rights community in a function held at the Commission’s offices in Carlton in July. Staff, government representatives and community leaders alike spoke of her capacity for innovation and strategic thinking to achieve practical outcomes and positive change. Her leadership, drive and appetite for tackling challenging and significant human rights issues will certainly be missed.

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National Foundation to Prevent Violence Against Women and their Children

In July, the Commonwealth Minister for the Status of Women, the Hon Julie Collins MP, and the Victorian Minister for Community Services, the Hon Mary Wooldridge MP, launched a new organisation, the Foundation to Prevent Violence Against Women and their Children. The Foundation has been set up to raise awareness and engage the community to prevent violence against women and their children. Natasha Stott Despoja AM has been appointed as Chair of the Foundation.

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Senate Committee recommends greater human rights scrutiny for decisions by Australia’s export credit agency

The Senate Standing Committee on Foreign Affairs and Trade has recommended greater transparency, accountability and focus on human rights and environmental consequences when the statutory Export Finance and Insurance Corporation (EFIC) makes decisions to finance local and international projects involving Australian companies.

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Australia bids for spot on the UN Human Rights Council

Australia recently announced its intention to seek election to the UN Human Rights Council in 2018. The Council is the UN’s peak human rights body. It is responsible for strengthening the promotion and protection of human rights around the globe, for addressing situations of human rights violations and making recommendations on them. The Council comprises 47 UN Member States, which are elected by the UN General Assembly.

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Guide for human rights defenders on domestic implementation of UN human rights recommendations

The Human Rights Law Centre and the International Service for Human Rights have published a Guide for Human Rights Defenders on Domestic Implementation of UN Human Rights Recommendations. The Guide is intended to assist NGOs with national level strategies to ensure that UN recommendations are properly recognised and implemented.

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Occupy Sydney protester’s claim under the implied freedom of communication rejected

Occupy Sydney protester Eamonn O’Flaherty claimed that he had a constitutionally implied right to occupy a city square with fellow protesters in Sydney as a way of demonstrating his political opinions and his support for the worldwide Occupy movement, and that the City of Sydney had violated his fundamental liberties by not allowing him and fellow protesters to remain in the square, thus unconstitutionally restricting his freedom of communication.

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Improved protections for Sex Discrimination Act welcomed by leading human rights organisation

Long overdue legal protections for gay, lesbian, bisexual, transgender and intersex people should be incorporated into Australia’s Sex Discrimination Act immediately, the Human Rights Law Centre has said in a submission today to the Senate’s Constitutional and Legal Affairs Committee currently examining the Government’s proposed amendments.

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Foreign Minister should raise human rights and press freedom in West Papua during Indonesia visit

With the Foreign Minister, Bob Carr, scheduled to visit Indonesia tomorrow, the Human Rights Law Centre has called for a forthright discussion about human rights abuses in the Indonesian province of Papua.

HRLC spokesperson, Tom Clarke, said Australia is well positioned to play a meaningful and constructive role in helping to address the continuing human rights crisis in Papua.

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Australia supports UN Human Rights Council’s call for Sri Lankan war crimes to be investigated

In late March 2013 the UN Human Rights Council passed a US-backed resolution calling on Sri Lanka to honour the commitments it has previously made to investigate widespread allegations of war crimes during the last months of the civil war in May 2009. The resolution also raised formal concerns about continuing enforced disappearances, human rights abuses and other threats to the rule of law in Sri Lanka including the recent impeachment of the Chief Justice.

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Supreme Court decision highlights failure of police complaints system

A decision by the Victorian Supreme Court, Bare v Small, has failed to uphold the right to the independent investigation of complaints of serious mistreatment at the hands of Victoria Police. The case was brought by Youthlaw and pro bono counsel on behalf of a young African man, Nassir Bare, who alleged serious assault, including being capsicum sprayed while handcuffed, and being racially slurred by police in a February 2009 incident when he was 17 years old.

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MichelleBennettPolice
Victoria Police to commence public review following racial discrimination court settlement

Victoria Police will commence a public inquiry aimed at stamping out racial profiling in police practices as a condition of an agreed out of court settlement in Haile-Michael and Others v Commissioner of Police and Others [Court no. VID 969 of 2010] – a racial discrimination claim brought by Flemington & Kensington Community Legal Centre and a pro bono legal team on behalf of six young African-Australian men.

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Australia is ready for new and improved discrimination laws

After years of discussion and consultation, the Federal Government has all it needs to strengthen protections against unfair treatment and make anti-discrimination laws more effective, accessible and cost-efficient. Earlier today the Senate Legal and Constitutional Affairs Committee released its report on the exposure draft of the Human Rights and Anti-Discrimination Bill 2012.

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UN Human Rights Committee recognises extraterritorial obligations regarding business activity

The UN Human Rights Committee has recognised extraterritorial obligations under the International Covenant on Civil and Political Rights. On 31 October 2012, in its Concluding Observations on Germany's sixth periodic review under the ICCPR, the UN Human Rights Committee expressed concern regarding steps taken by Germany to protect against the human rights impacts of German companies operating abroad.

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A good Human Rights and Anti-Discrimination Bill could be great with a few with amendments

Despite needing some amendments, the Federal Government’s draft Human Rights and Anti-Discrimination Bill 2012 has the potential to strengthen protections against unfair treatment and make anti-discrimination laws more effective, accessible and cost-efficient. This is the message the Human Rights Law Centre will deliver when it gives evidence today before the Senate Legal and Constitutional Affairs Committee.

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A fairer and simpler law for all: HRLC Submission on Human Rights and Anti-Discrimination Bill 2012

The HRLC welcomes the Human Rights and Anti-Discrimination Bill 2012 as a culmination of many years of research, discussion and advocacy around the need to strengthen, modernise and streamline federal anti-discrimination laws. While there are aspects of the HRAD Bill that could be strengthened, the HRLC considers that the Bill improves protections against unfair treatment and makes anti-discrimination laws more effective, accessible and cost-efficient.

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New Human Rights Action Plan a step forward for rights but needs stronger accountability measures

On 10 December 2012, the Australian Government released the final version of its National Human Rights Action Plan (NHRAP). The NHRAP represents a key plank of Australia’s Human Rights Framework and is intended to "outline future action for the promotion and protection of rights in Australia".

The HRLC’s Director of Advocacy, Anna Brown,welcomed the final version of the NHRAP, but said it should be strengthened to ensure more effective monitoring, implementation and measurement of human rights.

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High Court to hear landmark case on race discrimination and “special measures”

The Human Rights Law Centre is assisting the National Congress of Australia’s First Peoples to make submissions as “amicus curiae” in the High Court in the case of Maloney v The Queen. The case relates to the prohibition against racial discrimination and the rights to participation and self-determination.

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UN Committee against Torture: Closing the circle for victims of torture

In offering redress to victims of torture and their families, “restoration of the dignity of the victim is the ultimate objective,” according to the UN Committee against Torture. The Committee has just published a detailed General Comment expanding on the key article in the Convention against Torture which says that victims of torture and their families have “an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible”.

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StreetCare videos: voices from the street

A new project of the Homeless Persons’ Legal Service and its consumer advisory group, StreetCare, uses video interviews as a way for StreetCare members to share their stories of homelessness. Called In their Words, the project will be included in training programs for people who work with homeless clients. The videos can also be shown to policymakers and politicians to improve their understanding of individual experiences of homelessness.

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MichelleBennettHousing
Fighting trafficking is everyone’s business – corporations must strive for trafficking-free supply chains

“Trafficking in persons is a global phenomenon which crosses borders, markets and industries,” said United Nations Special Rapporteur Joy Ngozi Ezeilo while urging business enterprises around the world to refrain from using trafficked labour, and prevent and monitor the use of such labour by its suppliers.

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Taser use at crisis point in Australia

Horrifying footage of a young Aboriginal boy being repeatedly Tasered, together with damning Coronial findings into the death of a Brazilian student and a Queensland Crime and Misconduct Commission report indicating increased reliance on Tasers by police, demonstrate the urgent need for more rigorous police training and more stringent regulation of police use of force.

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MichelleBennettPolice
Commissioner urges international MPs to strengthen protections for world’s seniors

The Age Discrimination Commissioner, Susan Ryan, has told the Parliamentary Friends of Seniors and Ageing that she believes there needs to be more protection of older people around the world. Reporting on her recent presentation at the UN’s Open Ended Working Group on Older People, Commissioner Ryan told MP’s at parliament House in Canberra that she has been convinced by the case put forward by those UN member States calling for the drafting of a new convention.

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Progression and regression at the 21st session of the Human Rights Council

The 21st session of the Human Rights Council saw some worrying signs of regression, with, however, some notable bright spots. The session saw a number of significant thematic developments. The issue of reprisals had a high profile with the Council’s first ever panel discussion dedicated to the problem. As there will be no resolution on the issue until September 2013, the challenge now is to ensure that action is not shelved, and that concrete steps are taken in the meantime to protect against and respond to reprisals.

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Indonesian fisherman files first international case against Australia’s people smuggling laws

An Indonesian fisherman has filed the first international case against Australia’s people smuggling legislation, claiming the laws violate international law. The fisherman is represented by senior law students from the University of New South Wales’ Human Rights Clinic. Due to mandatory sentencing, fisherman Mr Nasir is serving a five-year jail term in an Australian prison – a significantly longer sentence than he would otherwise have received for being a cook on an asylum seeker boat, according to the Queensland Supreme Court.

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Australian aid funding tangled up in human rights violations in Cambodia

A project to upgrade and connect Cambodia’s debilitated railways – which received $26 million of funding from AusAID – has caused significant harm to many of the 4000 families it is displacing. The Human Rights Law Centre has assisted a Cambodian NGO, Equitable Cambodia, and the New York-based, Inclusive Development International to submit a complaint with the Australian Human Rights Commission.

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Expert Roundtable on Tasers

Together with our friends at the Federation of Community Legal Centres, the Human Rights Law Centre convened a roundtable discussion on the use of Tasers with international expert Professor Rob Gordon, Director of the School of Criminology at Simon Fraser University in British Columbia, Canada. The roundtable was generously hosted by Allens and attendees included senior members of Victoria Police, policy makers from the Victorian Government Department of Justice, academic experts and community lawyers.

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MichelleBennettPolice
New High Court judge appointed

The High Court of Australia has welcomed a new member to its bench – Commonwealth Solicitor General Stephen Gageler SC. Gageler was recently before the High Court arguing the Commonwealth’s case for the plain packaging of cigarettes, a case he won before his new colleagues. Gageler also lead the Commonwealth’s notable loss last year before the High Court in the Malaysia Solution case.

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High Court to consider right to protest in landmark constitutional case

The Human Rights Law Centre has applied to intervene in a significant High Court case concerning freedom of expression and freedom of religion and the right to peaceful protest. “The HRLC has a principled commitment to human rights and has sought to intervene in support of the right of all protesters to exercise their fundamental right to freedom of expression,” said Anna Brown, Director of Advocacy from the HRLC.

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VEOHRC anti-hate campaign

The Victorian Equal Opportunity and Human Rights Commission has launched an anti-hate campaign in response to the Commission’s research project, Reporting racism: what you say matters. Almost half of the people surveyed had witnessed racism happening to someone else and wanted to do something but didn’t know how to respond. The anti-hate website, http://www.antihate.vic.gov.au/, provides the solution. It also lets people know how they can take their complaint further or get more information from the Commission.

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VEOHRC research into experiences of students with disabilities in Victorian schools

The Victorian Equal Opportunity and Human Rights Commission has released Held back: the experiences of students with disabilities in Victorian schools. The Commission undertook research examining the experiences of students with disabilities in Victorian Schools to learn how schools are meeting students’ needs, as well as understanding where practice might be improved.

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UNHCR opposes mandatory detention of asylum seekers – new guidelines released

The United Nations High Commissioner for Refugees (UNHCR) has issued new guidelines relating to the detention of asylum seekers. An overarching theme of the ten guidelines is that the detention of asylum seekers is an exceptional measure of last resort which can only be applied where it pursues a legitimate purpose and has been determined to be both necessary and proportionate in each individual case.

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Five year anniversary of the United Nations Declaration on the Rights of Indigenous Peoples

"Today marks the fifth anniversary of the adoption of the UN Declaration on the Rights of Indigenous Peoples. Without doubt this international instrument has already been established universally as a human rights benchmark to confirm the indigenous peoples of the world are equal to all other peoples. This achievement, within the first five years of its life, is verification that the rights of our peoples, encompassing social organisation, cultures, territories and development, are progressively being acknowledged."

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Treaty body strengthening process

In June this year the UN High Commissioner for Human Rights issued a report setting out a series of recommendations for strengthening the treaty body system. Those recommendations were based on the outcomes of a series of consultations that had been held since late 2009, known informally as the ‘Dublin process’.

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Loss of Tenant Advocacy Services Unfair, Possibly Discriminatory

“People with disabilities will be badly affected by the Qld state government’s axing of the Tenant Advice and Advocacy Service (TAAS) program” said Mr Ken Wade of disability advocacy organisation Queensland Advocacy Incorporated. The Housing Minister Dr Bruce Flegg announced the termination in late July, and services are expected to cease operation from Wednesday 31 October 2012.

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Homelessness law needs major rethink, says PIAC

The Federal Government’s draft Homelessness Bill 2012 needs a major re-think in order to have a positive, practical impact on people who are homeless or at risk of homelessness. That’s the message delivered by the Public Interest Advocacy Centre (PIAC) to the Federal Minister for Housing and Minister for Homelessness, Brendan O’Connor.

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MichelleBennettHousing
Release of the Disability Rights Now Report: Australia is failing people with disability

On 29 August 2012, a coalition of leading disability, human rights and community organisations released the Disability Rights Now report, a comprehensive assessment of Australia’s compliance with the Convention on the Rights of Persons with Disabilities (CRPD). The report makes over 130 recommendations for Australia to embed the rights, standards and obligations contained in the CRPD into all aspects of Australian law, policy and practice.

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UN set to question Australia about its commitment to human rights

The Australian Government’s failure to implement more than 20 recommendations from the United Nations (UN) Human Rights Committee highlights the need to make the promotion and protection of human rights a national priority. Making a submission to the UN Human Rights Committee – which is preparing for a major review of Australia’s human rights record – the Human Rights Law Centre criticised the Australian Government for dragging its feet in a number of key areas of human rights concern.

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Victorian prisoner to argue duty to provide clean needles

A Victorian prisoner is preparing proceedings against the State Government alleging that it has failed to protect him from exposure to hepatitis C during his time in jail. Prisons have been described as a ''hot bed'' for blood-borne viruses such as hepatitis C, with more than 40 percent of Victorian prisoners carrying the virus. Coupled with the prevalence of intravenous drug use in Victorian prisons, a failure to provide clean needles and syringes may amount to a breach of the state's common law duty of care and obligations under the Victorian Charter of Human Rights and Responsibilities.

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Human Rights Charter helping to create a fairer, more inclusive Victoria

Victoria’s Charter of Human Rights and Responsibilities continues to make a real, practical difference in the lives of Victorians, according to the fifth Charter report tabled in Parliament on 19 June. Victorian Equal Opportunity and Human Rights Acting Commissioner Karen Toohey said that Rights in focus: 2011 report on the operation of the Charter of Human Rights and Responsibilities highlighted the way the Charter is helping Victorians to realise their rights and to resolve everyday issues that can have a profound effect on their quality of life.

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