National Human Rights Consultation:

Getting involved

Phoebe KnowlesHuman Rights Law Resource Centre Ltdwww.hrlrc.org.au+ 61 3 8636 4434secondee1@pilch.org.au

Outline

1. Background to the National Consultation

2. A significant opportunity

3. How to write a submission for your organisation

4. Encouraging and facilitating others to make

submissions

5. Resources

6. Contacts

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 29 May 2009

Committee to report to Government by 31 August 2009

A Significant Opportunity

Five 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 improve public services and empower

individuals

4. Complement and enhance the operation of the Victorian

Charter

5. Opportunity to consider non-legislative human rights

measures and initiatives

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?

Making submissions

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

large or small

You and your organisation can (or should!):

1. Write a submission on behalf of your organisation

2. Encourage other organisations and individuals to make a submission

3. Facilitate others 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: Endorse the Federation’s or the HRLRC’s submission

Copy and modify another submission to suit your

organisation

Write your own submission – can be large or small (1 page)

Writing your own organisation’s submission

Key issues to consider: What rights should be protected?

CEDAW rights? Economic, social & cultural rights?

Parliamentary sovereignty

Who should have obligations?

Role of courts and tribunals?

What remedies should be available?

Binding on states and territories, or just the

Commonwealth?

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

‘Unfair’ outcomes - where better human rights protection might

have been useful

Consideration of technical questions

Address some of the ‘myths and misperceptions’

Small groups discussion

1. Have you had any success stories at your

organisation using the Victoria Charter to

advocate for your clients?

2. Have you had any situations of ‘unfair’

treatment where you think that better human

rights protection might have been useful?

3. What are your preliminary views about what

sort of submission your organisation might be

able make?

Encouraging and facilitating others

Advocacy organisations are in an ideal position to help

people to tell their personal experiences

Think about whether your organisation could:

1. Run grass roots consultations with your clients

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 workshops with its clients

Look at your existing calendar of events

Set up a stall at community events / festivals

- Kingsford CLC collected 100 submissions at Yabun Festival!

Client questionnaire, eg use your existing client intake

procedure or leave the questionnaire at reception

Think creatively!

2. Consultation Committee’s community forums

In Victoria, the Committee will visit Dandenong, Melbourne,

Mildura, Wodonga, Geelong & Bendigo

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

Small groups discussion

How could your organisation participate in the

National Human Rights Consultation? What

activities could you undertake or get involved in?

What do you think about the Consultation?

What will your submission be?

Values and benefits of enhanced legislative protection

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

Myths and misperceptions about a Human Rights Act

Will create a flood of litigation and a lawyers’ picnic

Transfers power from Parliament to unelected judges

Democracy provides adequate protection of rights

Will ‘promote bureaucracy’ and inefficiency

Will be used by villains and terrorists to exploit loopholes

It is unnecessary

It won’t do anything

Key features of a federalHuman Rights Act

Model to be proposed by the HRLRC ‘Dialogue model’ that retains Parliamentary sovereignty

Parliament Scrutiny of new legislation

‘Public authorities’ Widely defined Obligations to act compatibility with human rights and give

proper consideration in decision making Private sector opt-in clause

Courts Statutory interpretation – human rights jurisprudence Declarations of Inconsistent Interpretation

Key features of a federalHuman Rights Act

Model to be proposed by the HRLRC (cont) Protects ALL rights – civil, political, economic, social and

cultural

Separate cause of action to ensure effective remedies

Role of the Australian Human Rights Commission –

enhanced monitoring, reporting and education

Sufficient resourcing of NGO sector

Will bind federal government and agencies, with option for

states and territories to opt-in

Further Resources

National Human Rights Consultation website:

www.humanrightsconsultation.gov.au

Human Rights Law Resource Centre (p. 03 8636

4450, w. 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