Annual Report 06-07: Annual Report 06-07: Appendix 1
Appendix 1
International
Instruments observed under legislation administered by the Human Rights and
Equal Opportunity Commission
Human Rights and Equal
Opportunity Commission Act
The International Covenant on Civil and Political
Rights deals with many human rights and includes the right without
discrimination to:
- freedom from torture or cruel and inhumane
punishment - equality before the law
- humane treatment if deprived of liberty
- freedom of thought, conscience and religion
- peaceful assembly
- a vote and election by equal suffrage
- marriage and
family.
The Declaration on the Rights
of the Child provides that every child has the right to:
- a name and nationality
- adequate nutrition, housing and medical
services - education
- special treatment, education and care if the child has a
disability - adequate care, affection and security
- protection from neglect, cruelty and
exploitation.
The Declaration on the
Rights of Disabled Persons provides that people with disabilities have the
right to:
- respect and dignity
- assistance to enable them to become as self reliant as
possible - education, training and work
- family and social life
- protection from discriminatory
treatment.
The Declaration on the
Rights of Mentally Retarded Persons provides that people with a mental
disability have the right to:
- proper medical care and therapy
- protection from exploitation, abuse and degrading
treatment - a decent standard of living
- education, training and work
- due process of law
- review of procedures which may deny them these
rights.
The International Labour
Organisation Convention 111 deals with discrimination in employment and
occupation. Australian adherence to this Convention provides that all people
have the right to equal treatment in employment and occupation without
discrimination on the basis of:
- race
- colour
- sex
- religion
- political opinion
- national extraction
- social origin
- age
- medical record
- criminal record
- sexual preference
- trade union activity
- marital status
- nationality
- disability (whether physical, intellectual, psychiatric
or mental) - impairment (including HIV/AIDS
status).
The Convention on the Rights
of the Child confirms that children are entitled to the full range of human
rights recognised in international law (subject to limitations relating to their
capacity to exercise these rights and to the responsibilities of families). The
Convention also recognises a range of rights relating to the special needs of
children. It seeks to ensure that the protection of these rights in law and
practice is improved.
The Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief became part of
the definition of human rights for the purposes of the Human Rights and Equal
Opportunity Act on 24 February 1994. The Declaration recognises the right to
freedom of religion. The only limitations to this right are those prescribed by
law and which are necessary to protect public safety, order, health, morals or
the fundamental rights and freedoms of others.
Age Discrimination
Act
Australia has assumed obligations to eliminate and address
age discrimination under the International Labour Organisation Convention
111, the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights and the
Convention on the Rights of the Child.
Racial Discrimination
Act
The International Convention on the Elimination of All
Forms of Racial Discrimination aims at the elimination of all forms of
racial discrimination in order to promote understanding between races and
provide freedom from racial segregation. It is entered into force for Australia
by the Commonwealth Racial Discrimination Act 1975 in which it is
scheduled.
Sex Discrimination
Act
The Convention on the Elimination of All Forms of
Discrimination Against Women and certain aspects of the International
Labour (ILO) Convention 156 are multilateral agreements adopted under the
auspices of the General Assembly of the United Nations in 1979. The Conventions
recognise the civil, political, economic, social and cultural rights of women.
The Commonwealth Sex Discrimination Act 1984 implemented the Convention
into Australian law.