Chapter 1: A reform agenda for federal discrimination laws Contents December 2021 Chapter 1 1 Free and Equal – A national conversation on human rights 13 1.1 How has the national conversation project progressed? 14 1.2 The obligations to respect, protect and fulfil human rights 16 2 Reforming federal discrimination laws: the foundation stone of human rights protection in Australia 2.1 The case for reforming federal discrimination law is longstanding and known 19 20 2.2 Why reform to federal discrimination law is needed 21 2.3 What principles should guide reform? 25 3 Context for reform 28 3.1 What discrimination laws exist at the federal level? 28 3.2 A complex mix of laws? 30 3.3 The purpose of discrimination laws? 34 3.4 Previous considerations of reform 35 3.5 Effectiveness – responsive regulation 39 3.6 The ‘Brandy’ misconception 41 4 The Commission’s approach to reform FREE AND EQUAL An Australian Conversation on Human Rights 44 3

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