National Human Rights Consultation: Getting involved

1. National Human Rights Consultation:Getting involved Rachel Ball Human Rights Law Resource Centre Ltd www.hrlrc.org.au + 61 3 8636 4450

2. Outline • Background to the National Consultation • Asylum seekers and human rights • Case studies: a few reasons to act • How to write a submission for your organisation • Encouraging and facilitating others to make submissions • Resources

3. 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

4. Consultation Questions • Which human rights (including corresponding responsibilities) should be protected and promoted? • Are these human rights currently sufficiently protected and promoted? • How could Australia better protect and promote human rights?

5. A Significant Opportunity Three reasons why you should participate: • This is a once in a generation opportunity • Australia has very limited constitutional and legislative protection of human rights • Human rights protection can improve public services, promote transparency and accountability and empower individuals

6. 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.

7. 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

8. Case Studies – a few reasons to act • The human rights of asylum seekers have been violated where…

9. Making submissions • It’s a numbers game… every submission counts, no matter how large or small • You and your organisation can: • Write a submission on behalf of your organisation • Encourage other organisations and individuals to make a submission • Facilitate clients to make a submission • Write a submission yourself! • The National Consultation also presents a significant opportunity for education and awareness raising – for the community and advocates as well

10. 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

11. 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

12. Small groups discussion • Have you had any situations of ‘unfair’ treatment where you think that better human rights protection might have been useful? • What are your preliminary views about what sort of submission your organisation might be able make?

13. 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

14. 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

15. Encouraging and facilitating others • You are in an ideal position to help people share their personal experiences • Think about whether your organisation could: • Run devolved consultations • Attend the Consultation Committee’s forums – or encourage individuals to do so • Offer assistance to individuals and other organisations • Distribute resources, such as fact sheets, template submissions

16. 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!

17. Consultation Committee’s community forums • List of venues and dates available at www.humanrightsconsultation.gov.au • Assist individuals and other organisations • Offer a contact point within your organisation who can provide assistance • Run a workshop – like this one!

18. 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

19. 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