Chapter 2: Endnotes 1 James Spigelman, ‘Magna Carta: The Rule of Law and Liberty’ (2015) 40 Australian Bar Review 212. 2 See, eg, Jean Porter, ‘From Natural Law to Human Rights: Or, Why Rights Talk Matters’ (2000) 14(1) Journal of Law and Religion 77. See also ‘Rights’, Stanford Encyclopedia of Philosophy (Web Page) <https://plato.stanford.edu/entries/ rights/>; ‘Human Rights Explained: Fact sheet 3: Human Rights Philosophies’ Australian Human Rights Commission (Web Page) <https:// humanrights.gov.au/our-work/education/humanrights-explained-fact-sheet-3-human-rightsphilosophies>. 3 ‘Australia and the Universal Declaration of Human Rights’, Australian Human Rights Commission (Web Page) <https://humanrights.gov.au/ our-work/publications/australia-and-universaldeclaration-human-rights>. 4 ‘International Bill of Human Rights: A brief history, and the two International Covenants’ OHCHR (Web Page) <https://www.ohchr.org/en/ what-are-human-rights/international-bill-humanrights>. 5 George Williams and Daniel Reynolds, A Charter of Rights for Australia (UNSW Press, 4th ed, 2017), 7. 6 Adam McBeth, Justine Nolan and Simon Rice, The International Law of Human Rights (Oxford University Press: 2011) 354. 7 Racial Discrimination Act 1975 (Cth). 8 Sex Discrimination Act 1984 (Cth). 9 Disability Discrimination Act 1992 (Cth). 10 Age Discrimination Act 2004 (Cth). 11 In 2013, amendments were made to the Sex Discrimination Act 1984 (Cth) by the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 (Cth). The amendments replaced discrimination based on ‘marital status’ throughout the Sex Discrimination Act 1984 (Cth) with discrimination on the basis of ‘sexual orientation, gender identity, intersex status, marital or relationship status’: Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 (Cth) Sch 1, Pt 1. 12 13 60 There are other protections against unlawful discrimination in federal workplace laws, such as the Fair Work Act 2009 (Cth), that entitles the Fair Work Ombudsman to take enforcement action against employers who unlawfully discriminate against an employee or prospective employee based on certain attributes, including race, colour, sex, sexual orientation, age, disability, marital status, religion, pregnancy and political opinion. Australian Human Rights Commission, Free and Equal: A reform agenda for discrimination laws (December 2021) <https://humanrights.gov.au/ our-work/rights-and-freedoms/publications/freeand-equal-reform-agenda-federal-discriminationlaws>. 14 See discussion in Australian Human Rights Commission, Free and Equal: A reform agenda for discrimination laws (December 2021) 277–78 <https://humanrights.gov.au/our-work/rightsand-freedoms/publications/free-and-equalreform-agenda-federal-discrimination-laws>. 15 Convention of the Rights of Persons with Disabilities, opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2008) Art 13. 16 Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990) Art 12. 17 See Australian Human Rights Commission, submission to Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Constitution Alteration (Freedom of Expression and Freedom of the Press) 2019 Bill, 4 August 2021 <https://www.aph.gov.au/Parliamentary_ Business/Committees/Senate/Legal_and_ Constitutional_Affairs/ConstitutionAlteration/ Submissions>. 18 Law Council of Australia, Submission 166, Free & Equal Inquiry. 19 Religious Discrimination Bill 2022; ‘Religious Freedom Bills – Second Exposure Drafts’, Attorney-General’s Department (Web Page, January 2020) <https://www.ag.gov.au/ rights-and-protections/consultations/religiousfreedom-bills-second-exposuredrafts>; ‘Religious Freedom Bills – First Exposure Drafts’, AttorneyGeneral’s Department (Web Page, October 2019) <https://www.ag.gov.au/rights-and-protections/ consultations/religious-freedom-bills-firstexposuredrafts>. 20 George Williams and Daniel Reynolds, A Charter of Rights for Australia (UNSW Press, 4th ed, 2017), 25–26. 21 See, eg, National Indigenous Australians Agency, Closing the Gap: Report 2020 (February 2020) <https://ctgreport.niaa.gov.au/>. 22 ‘Prisoners in Australia’, Australian Bureau of Statistics (June 2021) <https://www.abs.gov.au/ statistics/people/crime-and-justice/prisonersaustralia/latest-release>. 23 See, eg, Australian Institute of Criminology, Deaths in custody in Australia 2020–21 (December 2021) <https://www.aic.gov.au/ publications/sr/sr37>. 24 Western Australia Coroner’s Report, Record of Investigation into Death of Ms Dhu (16 December 2016) [6]. 25 Western Australia Coroner’s Report, Record of Investigation into Death of Ms Dhu (16 December 2016) [860]. 26 See, eg, Amnesty International and Clayton Utz, Review of the Implementation of the Royal Commission into Aboriginal Deaths in Custody (2015) <https:/changetherecord.org.au/reviewof-the-implementation-of-rciadic-may-2015>; Australian Law Reform Commission, Pathways to Justice (Final Report 133, March 2018).