Public pressure also eventually led to the
removal of many asylum-seeking children from
immigration detention centres – but only after
hundreds of children were held in detention
centres for long periods of time, during which
the mental health of many children was severely
damaged.110
• Overlooked in decision making
In addition to being overlooked in the lawmaking process, vulnerable and marginalised
people and groups may be subject to unfair
decision making by public authorities. As noted
above, executive power has expanded in recent
years, and public authorities are not obligated to
consider human rights impacts on individuals or
groups when making decisions.
Those most likely to be subjected to
administrative decisions that adversely affect
their rights are vulnerable members of the
population, as they have increased interaction
with public services and institutions compared
with the rest of the population. Welfare
recipients, persons with disability, prisoners,
homeless people, migrants and children in
care are all directly affected by administrative
decision making, often on a daily basis. The
impacts of these administrative decisions can be
the difference between being housed and being
homeless; being able to afford basic necessities
and being destitute; being free and being locked
up; being provided with supports to engage in
life and being shut away from society; living with
family and being taken away from home.
When officials do not have a clear responsibility
to respect human rights, an important safeguard
is missing from the decision-making process,
which can lead to unnecessary suffering.
Vulnerable people are also less likely to
have the information or means to challenge
administrative decisions and may entirely slip
through the cracks in public systems. A lack of
care for human rights can escalate to human
rights violations occurring at a systemic level,
affecting innumerable vulnerable people,
violations that may only be uncovered years
later through Royal Commissions.111
Concern about the lack of, or limited,
protections for vulnerable and minority groups
was perhaps the most consistent theme of Free
& Equal submissions and consultations. For
example, Professor Liz Curran submitted that,
While many of our politicians do not see
a need for better protection of human
rights, the lived experience for people
without their privilege, is that human
rights intrusions are commonplace. This is
especially the case if you are Aboriginal or
Torres Strait Islander with a daily grind of
racial prejudice that becomes just a normal
part of lived experience, for the poor, for
the elderly, children in out of home care
and people with a disability and refugees
(to name just a few sections of society).112
The Uniting Church supported a Human Rights
Act,
particularly because of the protections
it would provide to the most vulnerable,
marginalised and disadvantaged in our
community, who currently have few
avenues for remedy when their rights
are violated ... These groups in our
community generally struggle to have
their experiences heard and are often
marginalised from the political process.
This means that abuses of their human
rights often go unnoticed or unaddressed
and leave people with little option for
redress or for the realisation of their
rights.113
• Role of the Human Rights Act
A Human Rights Act would transform how
public authorities interact with individuals
in their everyday decision making.114 Public
authorities would be required to actively take
into account the effect of policies and decisions
on the human rights of affected individuals.115
This would result in more administrative
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