Terms of Reference Free and equal in dignity and rights: A national conversation on human rights TERMS OF REFERENCE The Australian Human Rights Commission, HAVING REGARD TO: • The desirability of Australia having processes to: – set national priorities on human rights • Its functions to: – educate the community about human rights o Incorporate human rights standards into domestic law, policy and practice – promote an understanding and acceptance, and the public discussion, of human rights in Australia (s.11(1)(g) AHRC Act); – report … as to the laws that should be made by the Parliament, or action that should be taken by the Commonwealth, on matters relating to human rights (s.11(1) (j) AHRC Act); and – report … as to the action that … needs to be taken by Australia in order to comply with … any relevant international instrument (s.11(1)(k) AHRC Act). – consider the observations of human rights treaty body committees and UN special procedures about compliance with our human rights obligations. Australian Human Rights Commission. DECIDES to exercise its functions by conducting a national conversation on human rights, as follows: 1. • Its duties to ensure that its functions are performed with regard for: – the indivisibility and universality of human rights; and – the principle that every person is free and equal in dignity and rights (section 10(1) AHRC Act). • The recognition in the Universal Declaration of Human Rights that ‘All human beings are born free and equal in dignity and rights’ (Art.1 UDHR) and that through the Universal Declaration, and the subsequent human rights treaties that have been ratified, Australia has pledged ‘to achieve … the promotion of universal respect for and observance of human rights and fundamental freedoms’ (Preamble, UDHR). The national conversation on human rights will consider possible actions to ensure that: (a) the community understands human rights and is able to protect them (for themselves and others) (b) communities are resilient and a protective factor against human rights violations (c) law and policy makers explicitly consider the impact on human rights of their decisions and are accountable for this impact (d) obust institutions exist to promote and protect human rights (e) government and the community can work together to fully realise human rights—understanding the respective role of each other (f) public servants, and contracted service providers, see the protection of human rights as core business in exercising their functions (g) other issues that are identified as priorities for human rights protection by the Australian community are addressed. FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights 9