National Human Rights Consultation: Getting involved

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National Human Rights ConsultationGetting
involved

• Emily Howie
• Human Rights Law Resource Centre Ltd
• www.hrlrc.org.au
• 61 3 8636 4450

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Outline

1. Background to the National Consultation
2. How to write a submission for your organisation
3. Encouraging and facilitating others to make
   submissions
4. Resources

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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

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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?

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A Significant Opportunity

• Three reasons why you should participate
• This is a once in a generation opportunity
• Significant gaps in the protection of human
  rights
• Human rights protection can improve public
  services, promote transparency and accountability
  and empower individuals

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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

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Values and benefits of enhanced legislative
protection

• Experiences in countries shows that human rights
  laws can
• lead to improved public service delivery and
  outcomes
• be used to secure positive changes not only to
  individual circumstances, but also to policies
  and procedures at a systemic level
• Be used by individual and organisations in
  front-line advocacy to achieve a positive change
  for their client
• Stories from the Victorian Charter Health care
  for involuntary mental
• health patient

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Making submissions

• Its 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

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Writing your own organisations submission

• Some questions to consider
• What expertise and experience do we have?
• What value can our organisation add?
• What resources do we have?

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Writing your own organisations 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

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Small groups discussion

1. Have you had any situations of unfair treatment
   where you think that better human rights
   protection might have been useful?

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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 Committees forums or
  encourage individuals to do so
• Offer assistance to individuals and other
  organisations
• Distribute resources, such as fact sheets,
  template submissions

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• Consultation Committees 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!

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Distribute Resources

• HRLRCs 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 Commissions toolkit

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Further Resources

• National Human Rights Consultation
  websitewww.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