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Senior: 11 & 12: Unit 3: Human Rights in Australia

International Human Rights Treaties to which Australia is a Signatory

The Australian government is obligated to take pro-active measures to ensure human rights are protected by providing effective remedies for persons whose rights are violated, as well as measures against violating the rights of persons. According to the Australian Attorney-General's Department, Australia is a party to seven of the key human rights treaties of the United Nations:

International Covenant on Civil and Political Rights (ICCPR)

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Convention on the Rights of the Child (CRC)

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

Convention on the Rights of Persons with Disabilities (CRPD)

Convention on the Elimination of All Forms of Racial Discrimination (CERD)

Convention against Torture (CAT).

Australia has also ratified three of the mechanisms that give individuals the right to complain directly to United Nations bodies about violations of their rights. 

This is subject to Human Rights Scrutiny (Human Rights (Parliamentary Scrutiny) Act 2011) where all new Bills and disallowable legislative instruments must be accompanied by a Statement of Compatibility.

Human Rights in Australia Ebook

Advanced Web Searching Tips

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2.  Use a Boolean command - put double inverted commas around phrases to limit and improve your results eg "energy drinks cardiovascular problems children". 
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Anti-Discrimination & Equal Opportuity Bodies / Courts and Tribunal Decisions

ONESearch Resource Explorer

The ENTIRE collection of resources provided by the BBC Birtles Library can be searched on ONE single, powerful search platform, which retrieves print books, eBooks, database articles and websites. Click HERE for assistance.

Useful Databases

 NEWS CORP NEWSPAPERS
These are accessible on campus only. To read the replica form of most of these newspapers, click on the top bar to 'Read the paper'

 
To read the day's paper, scroll right to the bottom of the page, to 'Today's paper' 

Useful Vocabulary for Persuasive Writing

Possible Topics

Possible Research Topics

  • Sexual harassment at work
  • Domestic violence
  • Equal pay
  • Trafficking (for sex or slavery)

Relevant International Treaty or Convention, or Australian Law
Convention on the Elimination of All Forms of Discrimination against Women- external site (CEDAW)

Sex Discrimination Act 1984 (Cth)  Under this act, people are protected from discrimination and unfair treatment due to sex, sexual orientation, gender identity, intersex status, relationship status, pregnancy or breastfeeding.

Equal Opportunity for Women in the Workplace Act 1999 (Cth)

General Websites
Human Rights Watch: Women’s Rights Australia

Workplace Gender Equality Agency: Gender Equality in Australia – A Guide to Gender Equality in 2020 

The Lowy Institute: Australia must walk the talk on women's rights - globally and at home

Australian Human Rights Commission: Sex Discrimination (especially sexual harassment and work discrimination)

CONTENTS

Sexual Harassment
Australian Human Rights Commission: Sexual Harassment

Australian Human Rights Commission: Sexual harassment in the workplace - the legal definition

Law Council of Australia: Sexual harassment in the workplace

Australian Attorney-General's Dept.: Respect@work

ABC News: Morrison government's reply to Respect@Work takes positive steps but is light on detail
NOTE: This article might provide you with a change which needs to be implemented.

University of NSW Newsroom: Bad times call for bold measures: three ways to fix the appalling treatment of women in our national parliament.
NOTE: This article might provide you with a change which needs to be implemented.

CONTENT OF EBOOK - Focus on the workplace

Domestic Violence
Department of Social Services: The National Plan to Reduce Violence against Women and their Children 2010 – 2022

Equal Pay
Workplace Gender Equality Act 2012 

Fair Work Australia: Gender Pay Equity

People Trafficking
Attorney-General's Department: Right to freedom from slavery and forced labour

Australian Federal Police: Human Trafficking

US State Department: 2020 Trafficking in Persons Report - Australia

Possible research topics

  • Treaty / Referendum recognition in the Constitution
  • Improving health / education outcomes
  • Reducing incarceration rates
  • Indigenous women (domestic violence)
  • Indigenous children (health / education / welfare)

Relevant International Treaty or Convention(s) 
International Covenant on Civil and Political Rights (ICCPR, 1976)

UN Declaration on the Rights of Indigenous People (UNDRIP, adopted by the UN 2007). Click on the 'English PDF' section.

Outlined in the UNDRIP are Indigenous People’s rights to:

  • Be free from discrimination
  • Their cultural identity
  • Self determination (The right to decide on matters that affect your own life, land or livelihood)
  • Free, prior and informed consent (the right to be consulted and given all the information necessary to make decisions that may impact your life or land.)

Australian Human Rights Commission Submission to the UN Human Rights Committee

International Convention on the Elimination of All Forms of Racial Discrimination- external site (CERD)

Racial Discrimination Act 1975 (Cth)

General Websites
Human Rights Watch 2021: Indigenous Rights in Australia

Queensland Human Rights Commission: Human rights and discrimination: a guide for our mob

Sydney Morning Herald: Historic new Closing the Gap targets aim at achieving parity for all Australians

Constitutional Recognition
Australian Human Rights Commission: About Constitutional recognition

Australian Human Rights Commission: Constitutional reform: Fact Sheet - Recognising Aboriginal & Torres Strait Islander people in the Constitution

The Australian: Indigenous Voice Panel Split Over Referendum

Reducing Incarceration Rates
Creative Spirits: 12+ ways to reduce Aboriginal incarceration rates

The Guardian: UN countries challenge Australia's Indigenous incarceration record in human rights review

Indigenous Women and Children
Australian Human Rights Commission: Landmark report - First Nations women and girls in 2020

Australian Human Rights Commission: Ending Family Violence and Abuse in Aboriginal and Torres Strait Islander Families

Australian Institute of Health and Welfare: Family, domestic and sexual violence in Australia, 2018

Possible research topics:

  • Aged care (eg chemical restraints)
  • Elder abuse (eg financial / physical)  
  • Poverty 
  • Lack of specific measures and services

Relevant International Treaty or Convention: 
United Nations Principles for Older Persons, based on the International Plan of Action on Ageing 1982, states that older persons should be able to enjoy human rights that include full respect for their dignity, beliefs, needs and privacy and for the right to make decisions about their care and quality of their lives. 

Age Discrimination Act 2004 (Cth)

Useful Websites

Australian Human Rights Commission: Human Rights and Older People

Australian Human Rights Commission: Age Discrimination

UNOHCHR: Human Rights of Older Persons

Law Council of  Australia: International Convention on the Rights of Older Persons

Human Rights Watch 2021: Rights of Older People - Australia

Royal Commission of Inquiry into Aged Care Quality and Safety: Executive Summary

Royal Commission of Inquiry into Aged Care Quality and Safety: Final Report calls for fundamental and systemic aged care reform

Royal Commission of Inquiry into Aged Care Quality and Safety Released 

CONTENTS PAGE - Features Elder Abuse and Aged Care Crisis

CONTENTS PAGE:

Possible research topics:

  • Housing, Health, Personal safety, education, work, non-discrimination, social security, freedom of movement, freedom from cruel, inhuman or degrading treatment.- look at the issues in the first website below.
     
  • Public space laws

    Human rights of the homeless affected by public space laws include:

    • the right to freedom of movement and freedom of association
    • the right to freedom of expression
    • the right to freedom from cruel, inhuman or degrading treatment or
      punishment.

Relevant International Treaty or Convention(s):

Useful Websites

Australian Human Rights Commission: Homelessness is a human rights issue

Australian Human Rights: Housing, homelessness and human rights

Sydney Morning Herald: Calls for human right to shelter in Australia
NOTE: This article might provide you with a change which needs to be implemented.

Mission Australia: Position Statement - Out of the Shadows: Domestic and family violence - a leading cause of homelessness in Australia

Possible research topics:

  • Sexual abuse
  • Child safety
  • Raising the age of criminal responsibility to 14 (a very relevant topic RIGHT NOW!)
  • Juvenile justice and youth detention
  • Child marriage

The 2019 Children's Rights Scorecard suggested there was need for urgent measures to be taken in order to protect children:

  • from violence
  • in alternative care
  • in relation to mental health
  • from environmental damage and climate change
  • who are refugees, seeking asylum and in situations of migration, and
  • in the administration of justice.

Relevant International Treaty or Convention: 

 Convention on the Rights of the Child (CRC)

Useful Websites

Australian Human Rights Commission: Children's Rights

Australian Human Rights Commission: Children's Rights Report 2019

Australian Human Rights Commission: Children's Rights in Australia - A Scorecard

Human Rights Watch 2021: Children's Rights Australia

Library of Congress Law: Children's Rights Australia

Library of Congress Law: Child Protection Law and Policy - Australia

Sexual Abuse
Kells Lawyers: Law reform in relation to child sexual abuse in Australia 

Youth Justice Detention
Australian Children's Commissioners and Guardians: Conditions and treatment in Youth Justice detention 2017

Age of Criminal Responsibility (a very relevant topic right now!)

Also look in the database 'Informit' for more information.
Law Council of Australia: United Nations Human Rights Council 46 Statement - Minimum Age of Criminal Responsibility

ABC News: Australia urged by 31 countries at UN meeting to raise age of criminal responsibility

The Guardian: Australia urged to follow UN advice and raise age of criminal responsibility by four years

Child Marriage
World Vision: Child Marriage - Facts, FAQs and How to Help

Possible research topics:

  • People with disability and employment
  • People with disability in the Criminal Justice system
  • People with disability and housing/homelessness
  • Young people with disability
  • There are so many other aspects, including Work, Education, Health, Privacy, Security - see the first website below.

Relevant International Treaty or Convention
UN Convention on the Rights of People with Disabilities - Various Articles
NOTE: Look at the various articles to see which aspect appeals as a topic of study

Disability Discrimination Act 1992 (Cth)

Australia’s National Disability Insurance Scheme (NDIS) Act, 2013

Useful Websites

Human Rights Australia: Disability rights

Human Rights Watch 2021: Australia - Disability Rights

People With Disability: Human Rights Violations

Royal Commission into Violence, Abuse, Neglect and  Exploitation of People with Disability

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability: Employment

 

CONTENTS - Focus on disability rights and discrimination

Possible research topics:

Relevant International Treaty or Convention(s) 
Convention against Torture (CAT) prohibits subjecting people to cruel, inhuman or degrading treatment

General Websites

Human Rights Watch 2021: Asylum Seekers and Refugees in Australia

University of NSW: Australia's refugee policy - an overview

Australian Human Rights Commission: Asylum Seekers and Refugees

Australian Human Rights Commission: Refugees, Asylum Seekers and Migrants

Human Rights Measurement Initiative: Human rights abuses of refugees and asylum seekers in Australia

Human Rights Law Centre: UN finds Australia’s treatment of asylum seekers violates the Convention Against Torture

Opposition to the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020

Refugee Council: Submission to the inquiry on the Migration Amendment (Prohibiting Items In Immigration Detention Facilities) Bill 2020