National Human Rights Consultation:

Getting involved

Rachel Ball Human Rights Law Resource Centre Ltdwww.hrlrc.org.au+ 61 3 8636 4450

Outline

1. Background to the National Consultation

2. Asylum seekers and human rights

3. Case studies: a few reasons to act

4. How to write a submission for your organisation

5. Encouraging and facilitating others to make

submissions

6. Resources

The National Consultation

Announced by the Commonwealth Attorney-General on

10 December 2008 – the 60th anniversary of the UDHR

Appointment of an independent Consultation Committee: Father Frank Brennan (Chair)

Mick Palmer

Mary Kostakidis

Tammy Williams

Submissions to the Consultation are due by 15 June 2009

Committee to report to Government by 31 August 2009

Consultation Questions

1. Which human rights (including corresponding

responsibilities) should be protected and promoted?

2. Are these human rights currently sufficiently

protected and promoted?

3. How could Australia better protect and promote

human rights?

A Significant Opportunity

Three reasons why you should participate:

1. This is a once in a generation opportunity

2. Australia has very limited constitutional and

legislative protection of human rights

3. Human rights protection can improve public

services, promote transparency and

accountability and empower individuals

Asylum Seekers and Human Rights Some relevant rights:

freedom of movement and freedom from arbitrary detention;

right to liberty and security of the person and humane treatment while deprived of liberty;

right to be free from torture and other inhuman and degrading treatment;

rights to work, education and the right to the highest attainable standard or physical and mental health care;

right to privacy and protection of families and children; children’s rights. right to equality and non-discrimination.

Key features of a federal Human Rights Act

Model to be proposed by the HRLRC Parliament

Scrutiny of new legislation ‘Public authorities’

Obligation to give proper consideration to and act compatibility with human rights when developing policy and delivering services

Courts Statutory interpretation Declarations of Inconsistent Interpretation

Case Studies – a few reasons to act

The human rights of asylum seekers have been violated where…

Making submissions

It’s a numbers game… every submission counts, no matter how

large or small

You and your organisation can:

1. Write a submission on behalf of your organisation

2. Encourage other organisations and individuals to make a submission

3. Facilitate clients to make a submission

4. Write a submission yourself!

The National Consultation also presents a significant opportunity

for education and awareness raising – for the community and

advocates as well

Writing your own organisation’s submission

Some questions to consider: What expertise and experience do we have?

What value can our organisation add?

What resources do we have?

Options: Copy and modify another submission to suit your

organisation

Write your own submission – can be large or small

Writing your own organisation’s submission

What should we include in our submission? Focus on areas and rights that you know the most about

Provide examples of experiences of your organisation: Good news stories – where human rights protection has

helped (there may be some examples of this in Vic)

‘Unfair’ outcomes - where better human rights protection might

have been useful

Small groups discussion

1. Have you had any situations of ‘unfair’

treatment where you think that better

human rights protection might have

been useful?

2. What are your preliminary views about

what sort of submission your

organisation might be able make?

Values and benefits of enhanced legislative protection (I)

Institutionalising a human rights framework leads to improved

public service delivery and outcomes

The language and ideas of rights can be used to secure positive

changes not only to individual circumstances, but also to policies

and procedures at a systemic level

Human rights are universally acknowledged and agreed standards

that can be used as benchmarks for assessing the fairness of

laws, policies and practices

Protect fundamental human rights, promote human dignity and

address disadvantage

Values and benefits of enhanced legislative protection (II)

Individual and organisations can use human rights principles in front-line advocacy to achieve a positive change for their client

Stories from the Victorian Charter Health care for involuntary mental health patient Young man allowed to live with his family Recognising Indigenous Australians’ right to

culture

Encouraging and facilitating others

You are in an ideal position to help people share their

personal experiences

Think about whether your organisation could:

1. Run devolved consultations

2. Attend the Consultation Committee’s forums – or

encourage individuals to do so

3. Offer assistance to individuals and other organisations

4. Distribute resources, such as fact sheets, template

submissions

1. Run devolved consultations

Some ideas:

Small workshops

eg HPLC

Set up a stall at community events / festivals

eg Kingsford Legal Centre on Australia Day

Client questionnaire – following an interview or while

they are waiting

Think creatively!

2. Consultation Committee’s community

forums

List of venues and dates available at

www.humanrightsconsultation.gov.au

3. Assist individuals and other organisations

Offer a contact point within your organisation who

can provide assistance

Run a workshop – like this one!

4. Distribute Resources

HRLRC’s ‘Submission Kit’

One-page overview of the Consultation

Thematic fact sheets

Right-specific fact sheets

Template submissions

More detailed resources

“Engaging in the Debate”

Australian Human Rights Commission’s toolkit

Further Resources

National Human Rights Consultation website:

www.humanrightsconsultation.gov.au

Human Rights Law Resource Centre:

www.hrlrc.org.au “Engaging in the Debate”

Human Rights Law Resource Manual

Searchable Database of Case Law

Articles, Materials and Commentary

Monthly E-Bulletin