2. Context for reform
This research was intended to become the
benchmark against which we can measure
future gains in addressing age discrimination.
Research on the employment climate for
older workers and the shift in perceptions
around Australia’s ageing workforce has been
conducted by the Australian HR Institute, in
partnership with the Commission, in 2014,
2018, 2021, and most recently in 2023, with the
release of the Employing and Retaining Older
Workers report.42
The most recent survey data found that one in
6 organisations will not consider hiring people
aged 65 and above, while only a quarter are
open to hiring those aged 65 and above ‘to a
large extent’.
2.5 Inadequacy of current
national protections of
human rights
The 2010 Framework and subsequent UPR
voluntary commitments included actions that
would adopt a more systemic approach to
considering and addressing human rights at the
national level.
These commitments were aimed at addressing
known and accepted deficiencies in the
national system of protecting human rights.
These systemic mechanisms have mostly fallen
into disuse, with public‑facing information
being out of date and not maintained on a
regular basis.
In particular, since the 2010 Framework lapsed,
there have been:
• no adequate processes for national priority
setting on human rights issues such as
through a national action plan or alternative
measures
• no regular consideration of reforms required
to better protect human rights, such as
through the consolidation of discrimination
laws and audit of existing laws
• no appropriate investment and information
to build human rights awareness – human
rights education for public servants and the
community
• no rigorous, transparent accountability
mechanisms for tracking progress on human
rights – developing and implementing a
national action plan; Standing National
Mechanism; tabling of treaty body Concluding
Observations in Parliament; rights tracking/
implementation status of recommendations
• no regular public engagement on human rights
issues – NGO engagement; commitments to
review reservations to treaties.
In the absence of a national framework,
governments over the past decade have not
put into place adequate, alternative steps to
protect human rights.
The lapsing of the 2010 Framework should
therefore be seen as a regression in the systems
for protecting human rights at the national level.
Importantly, without its own human rights
framework, Australia does not set its own
agenda for human rights protection, which
leaves human rights accountability, monitoring
and prioritisation of domestic measures to the
international sphere.
Ideally, Australia would have a domestic
framework that sets out Australia’s human rights
goals, with a roadmap for implementation and
measurement. This would create ownership,
consistency and a shared vision throughout
government and the broader public sector,
for addressing human rights matters. It would
also take into account Australia’s international
obligations, thereby improving international
reporting and compliance.
The Commission’s first 2 recommendations in
this report are for the establishment of a new
National Human Rights Framework and the
key features of this framework to ensure it is
rigorous and holds government to account.
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights
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