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 These systemic mechanisms have mostly fallen into disuse, with public‑facing information being out of date and not maintained on a regular basis.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 43

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