- When was the Human Right and Equal Opportunity Commission set up?
- What does the Commission do?
- What are human rights?
- What is discrimination?
- What is social justice for Aboriginal and Torres Strait Islanders?
- How are human rights protected in Australia?
- What federal laws exist to protect people from discrimination and breaches of human rights?
- How are complaints made to the Commission resolved?
1. When was the Human Right and Equal Opportunity Commission set up?
The Human Rights and Equal Opportunity Commission was established in 1986 by an act of the Commonwealth Parliament.
Our goal is to foster greater understanding and protection of human rights in Australia and to address the human rights concerns of a broad range of individuals and groups.
We are an independent statutory organisation and report to the federal Parliament through the Attorney-General.
2. What does the Human Rights and Equal Opportunity Commission do?
The Commission's responsibilities include:
- education and public awareness
- discrimination and human rights complaints
- human rights compliance
- policy and legislative development.
We do this through:
- resolving complaints of discrimination or breaches of human rights under federal laws
- holding public inquiries into issues of national importance, such as the separation of Indigenous children from their families and the rights of children in immigration detention centres
- developing human rights education programs and resources for schools, workplaces and the community
- providing independent advice to assist courts in cases that involve human rights principles
- providing advice and assistance to parliaments and governments to develop laws, programs and policies
- undertaking and coordinating research into human rights and discrimination issues.
We work closely with other national human rights institutions, particularly through the Asia Pacific Forum of National Human Rights Institutions, to address major human rights issues in the region.
3. What are human rights?
Every person has inherent dignity and value. One of the ways that we recognise this fundamental worth is by acknowledging and respecting a person's human rights.
Human rights are concerned with equality and fairness. They recognise our freedom to make choices about our life and develop our potential as human beings. They are about living a life free from fear, harassment or discrimination.
There are a number of basic rights that people from around the world have agreed on, such as the right to life, freedom from torture and other cruel and inhuman treatment, rights to a fair trial, free speech and freedom of religion, rights to health, education and an adequate standard of living.
These human rights are the same for all people everywhere – male and female, young and old, rich and poor, regardless of our background, where we live, what we think or what we believe. This is what makes human rights ‘universal'.
Rights also describe what is lawful: that is, some rights may be laid down in law. If you have a legal right to something, you may be able to defend it in court.
In many situations, though, rights exist but are not covered by law. These rights are often called moral rights and are based on people's sense of what is fair or just.
Respect for human rights helps build strong communities, based on equality and tolerance, in which every person has an opportunity to contribute. Of course, having others respect our human rights comes with the responsibility that we respect the rights of others.
4. What is discrimination?
Discrimination occurs when a person, or a group of people, are treated less favourably than another person or group because of age, race, colour, national or ethnic origin; sex, pregnancy or marital status; disability; religion; sexual preference; or some other central characteristic.
Discrimination happens when a person is denied the opportunity to participate freely and fully in normal day-to-day activities.
This might include harassment or victimisation in the workplace; being unable to gain physical access to a building or facility; being denied goods and services; difficulty in obtaining appropriate accommodation and housing.
5. What is social justice for Aboriginal and Torres Strait Islander people?
Social justice is about making sure that every Australian - Indigenous and non-Indigenous - has choices about how they live and the means to make those choices.
Social justice is grounded in the practical, day-to-day realities of life. It's about waking up in a house with running water and proper sanitation; offering one's children an education that helps them develop their potential and respect their culture. It is the prospect of satisfying employment and good health.
Social justice also means recognising the distinctive rights that Indigenous Australians hold as the original peoples of this land, including:
- the right to a distinct status and culture, which helps maintain and strengthen the identity and spiritual and cultural practices of Indigenous communities
- the right to self-determination, which is a process where Indigenous communities take control of their future and decide how they will address the issues facing them
- the right to land, which provides the spiritual and cultural basis of Indigenous communities.
The Aboriginal and Torres Strait Islander Social Justice Commissioner advocates for the recognition of the rights of Indigenous Australians and seeks to promote respect and understanding of these rights among the broader Australian community.
6. How are human rights protected in Australia ?
As a federation of states with a Westminster system of government, Australia 's system of human rights protection has evolved according to its own unique history, and alongside the international human rights system, during the 100 years since Federation.
Our system of human rights protection can be found in
- the Australian Constitution and the Constitutions of the States
- centuries of common law, inherited from England
- statutory laws, especially federal and state anti-discrimination laws
- an independent judiciary
- democratically elected governments
- a free and questioning media
- a strong, vibrant civil society, and
- bodies created to advance the promotion and protection of human rights, such as the Human Rights and Equal Opportunity Commission.
Australia has helped develop a range of international human rights laws and standards. We have also become signatories to them and have ratified them, which means that we've agreed to uphold these principles. However, this doesn't mean that these human right principles automatically become part of Australian law. They have to first be written into domestic law.
7. What federal laws exist to protect people from discrimination and breaches of human rights?
The Commission is responsible for administering the following federal laws:
- Age Discrimination Act 2004
- Disability Discrimination Act 1992
- Racial Discrimination Act 1975
- Sex Discrimination Act 1984
- Human Rights and Equal Opportunity Commission Act 1986 .
The Age Discrimination Act, Disability Discrimination Act, Racial Discrimination Act and Sex Discrimination Act are all based on international human rights treaties and conventions ratified by Australia .
These laws protect people from discrimination or harassment in the workplace and various parts of public life, based on their age, race, colour, descent or national or ethnic origin, sex, pregnancy, marital status or disability.
The Human Rights and Equal Opportunity Commission Act covers:
- alleged breaches of human rights by the Commonwealth (such as a federal government department) against accepted international standards
- discrimination in employment (public and private organisations) on a range of grounds, such as age, religion, sexual preference, political opinion, trade union activity and criminal record.
The Commission also has specific responsibilities under the:
- Native Title Act 1993 , to report on the exercise and enjoyment of the human rights of Indigenous people with regards to native title (performed by the Aboriginal and Torres Strait Islander Social Justice Commissioner)
- Workplace Relations Act 1996 , in relation to federal awards and equal pay (performed by the Sex Discrimination Commissioner).
8. How are complaints made to the Commission resolved?
Individuals can lodge complaints of discrimination with the Commission. A complaint is initially assessed to make sure it can be investigated under the laws for which the Commission has responsibility.
After receiving all the relevant information, the complaint is then reviewed to decide if it should be terminated or if it is suitable for conciliation.
Conciliation is a process where the Commission brings the parties together - the complainant and the respondent - to try and resolve the matter.
Conciliation is a confidential process where both parties are given the opportunity to talk through the issues and reach an agreement. Many complaints are successfully conciliated.
If a complaint can't be conciliated, it will be terminated by the President. A complainant can then take the matter to the Federal Court of Australia or the Federal Magistrates Service for determination within 28 days of the complaint being terminated
The Commission also inquires into complaints of discrimination in employment and human rights breaches under the Human Rights and Equal Opportunity Commission Act.
Complaints received under this Act can also be resolved by conciliation between the parties. However, if the matter can't be conciliated, and is not discontinued for other reasons provided for in the law, then the Commission will present a report to federal Parliament outlining the key issues and recommendations to resolve the complaint. These complaints do not have any enforceable legal rights.
