Human rights issues and agreements

Introduction

An attempt to define basic human rights was made by the United Nations General Assembly in 1948 with its Universal Declaration of Human Rights. The declaration states that the 'recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world'. Human rights are not, however, 'universally' recognised in practice—violations of the rights and freedoms that Australians take for granted continue to occur across the globe. These human rights violations include genocide, torture, rape and imprisonment without trial. Australia's government has been criticised for failing to address, where able, some of these human rights violations. For example, certain activists have claimed that in past decades Australia has ignored the violation of human rights in neighbouring East Timor. It is further argued that there remain groups of people within Australia whose rights have not been respected or whose rights call for protection, such as Indigenous Australians, some ethnic groups and the disabled. This chapter discusses the future challenges for Australia in relation to such human rights issues and its strategies to address them through the efforts of government and non-government organisations (NGOs) and Australia's international human rights treaties and treaty-based legislation.

Human rights issues

In Australia where, as mentioned, most human rights are taken for granted, there still remain groups of people whose rights have not been respected or whose rights call for protection or preservation. Such groups have included Indigenous Australians, some ethnic groups and sexual minorities, prisoners, and physically or mentally disabled people. Australia's government has been criticised for failing to address some of these as well as global human rights issues where possible. In addressing the multiple and complex nature of human rights, the Australian Human Rights and Equal Opportunity Commission (HREOC) has divided them into several different categories. See animation 1

Indigenous health

Australia's Indigenous peoples are one of its most disadvantaged groups in the area of health, life expectancy (20 years less than the life expectancy of other Australians), employment, and the availability of housing and basic necessities. Poor standards of education for some groups have been linked with the impact of poor health, such as hearing damage from chronic ear infection suffered by 93 per cent of children in remote areas. Indigenous health has been further exacerbated by the condition of households in such areas. In 2002, approximately nine per cent of Indigenous households were living in overcrowded conditions and thus more susceptible to the spread of infectious diseases linked to the stress put on basic household facilities. Further, 31 per cent of dwellings in such areas required major repair or replacement and 153 had no organised sewerage supply. This has also contributed to low mortality rates, with 76 per cent of Indigenous males and 65 per cent of Indigenous females dying before the age of 65, and the infant mortality rate two-and-a-half times higher than the rate for other Australians. A higher likelihood also exists for Indigenous people to contract diabetes, heart, respiratory and kidney diseases. This has led to a call by the Australian Medical Association and other groups for more government expenditure on Indigenous health. See image 1

Racial discrimination

The HREOC defines racial discrimination as treating someone less fairly because of their race, colour, descent, national origin or ethnic origin than someone of a different 'race' would be treated in a similar situation. This has been further defined as 'direct discrimination' under the Racial Discrimination Act 1975 (Cth) which has attempted to make discrimination on the basis of race unlawful. The Act also targets indirect discrimination, which occurs when a policy or rule that treats everyone in the same way has an unfair effect on more people of a particular race, colour, descent, or national or ethnic origin than others. For example, a policy requiring a particular height or weight in order to be employed in the defence forces may be discriminatory unless the requirements can be justified. The United Nations Declaration of Human Rights has been effective on a global scale in influencing countries like Australia to adopt such policies. This has been further prompted by a response to incidents of racism in Australia's past, for example, the exclusion of Indigenous people from citizenship up until 1967.

Rights of the disabled

The rights of the disabled are addressed by HREOC and its Disability Discrimination Act 1992 (Cth). The object of this Act is to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community. In doing so, it aims to eliminate discrimination in the areas of education, employment, access to work, sport, services, and venues such as clubs. Other initiatives taken to protect such rights include changes made to the level of accessibility for the disabled in the design of public buildings and transport. A concern still exists, however, for an adequate approach to protecting the rights of the disabled for whom a higher likelihood exists for discrimination in areas such as welfare.

Refugees and detention centres

Since 1994, unlawful migrants, those who arrive in Australia without a visa or whose visa has expired, have been subject to mandatory immigration detention and to deportation unless given permission to stay in Australia. This has been criticised by groups like Amnesty International, which has argued for better, economically more viable and humane ways of handling asylum seekers. The UN Human Rights Committee suggested in its review of Australia's human rights record that it may be in breach of the International Covenant on Civil and Political Rights (ICCPR). Debates in Australia are ongoing about the length of time that detainees are kept in detention and the effect this has on mental health. Such effects are argued to include evidence of trauma, self-harm and the need for psychological help by certain detainees over long periods.

Government responses

In addition to efforts by non-government organisations (NGOs) and by individuals to address Australia's human rights issues, there have been efforts to address these at a government level. The government protection of human rights has been sought through constitutional means and through common law and legislation.

Human Rights and Equal Opportunity Commission (HREOC)

Human rights issues addressed by the government have been monitored by HREOC, an independent agency responsible directly to parliament, for reporting on these and taking initiatives such as human rights education programs for schools, workplaces and the community. It has also worked to resolve complaints about discrimination under federal laws and to address inquiries into such issues as paid maternity leave, children in immigration detention centres, prejudice against Arab and Muslim Australians, and the forced removal of Aboriginal children from their families. It has also assisted the government and courts to devise laws, programs and policies addressing human rights principles and other areas of discrimination.

Human rights agreements

Australia has ratified a number of international human rights agreements. These include:

• The International Covenant on Civil and Political Rights 1976
  
  
• Convention on the Rights of the Child 1989
  
  
• Convention Concerning Discrimination in Respect of Employment and Occupation 1960
  
  
• Declaration on the Rights of Disabled Persons 1975
  
  
• Declaration on the Rights of Mentally Retarded Persons 1971
  
  
• Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief 1981

Human rights legislation

Australia's international agreements on human rights have led to federal legislation that enacts these in specific areas. The legislation includes:

• The Racial Discrimination Act 1975 (Cth)
  
  
• The Sex Discrimination Act 1984 (Cth)
  
  
• The Human Rights and Equal Opportunity Act 1986 (Cth)
  
  
• The Disability Discrimination Act 1992 (Cth)