Australian Human Rights Commission
Information for LOIPR - Australia, 27 June 2016
Act). Human rights are defined as the international instruments scheduled to
or declared under the AHRC Act. The Commission’s legislation does not
include the CAT within the definition of ‘human rights’.
8.
The International Covenant on Civil and Political Rights (ICCPR),7 and the
Convention on the Rights of the Child (CRC),8 are included in the definition of
human rights under the AHRC Act. As such, the Commission can investigate
allegations of torture, cruel, inhuman and degrading treatment through the
ICCPR and the CRC.
9.
The definition of human rights in the Australian Human Rights Commission
Act 1986 (Cth) is not consistent with that of the Joint Parliamentary
Committee on Human Rights under the Human Rights (Parliamentary
Scrutiny) Act 2011 (Cth). This Act defines human rights as the seven
instruments to which Australia is a party, including the CAT.
10.
Issue for consideration in the LOIPR: Ensuring that the Commission is
guided by a comprehensive definition of human rights, including by
CAT being a scheduled instrument.
3.
Ratification of OPCAT
Concluding Observations, para 22
Relevant provisions of the CAT: Article 2(1)
11.
The Commission notes that Australia signed the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment in 2009, but has yet to ratify the treaty.
12.
During Australia’s UPR appearance and response, the Government noted
that ratification was under active consideration.9 At this stage, there have not
been detailed discussions about the model for the national preventive
mechanism under the OPCAT.
13.
Issue for consideration in the LOIPR: Information on the timing of
ratification of OPCAT and the nature of the National Preventive
Mechanism to be established for places of detention.
4.
Scrutiny of human rights and role of the Parliamentary Joint
Committee on Human Rights
Concluding Observations, para 21
Relevant provisions of the CAT: Article 2(1)
14.
The Parliamentary Joint Committee on Human Rights (PJCHR), analyses
bills and legislative instruments before the federal Parliament for compliance
with human rights. The definition of human rights is the seven international
instruments to which Australia is a party, including CAT.
4