For example, the provision and delivery of welfare
should take account of a person’s right to an
adequate standard of living, to social security and
to health, as well as the rights of persons with
disabilities.
The AHRC Act could also be amended to allow
individuals to make a complaint to the Commission,
should their economic, social or cultural rights be
breached.
Enhancing public education and human
rights resources
Education for all Australians about their human rights
and the obligations of public authorities should be
a priority. This would empower individuals to take
appropriate action when their human rights have
been breached, and reduce the likelihood of violations
occurring in the first place.
Much more can be done to develop and embed
a national program of human rights education, in
education, workplace and other contexts. This could
include greater inclusion in school curricula, and a
requirement that relevant employers educate their
employees about human rights.
Increased funding and support for advocacy,
community and legal organisations that work to
protect and promote human rights would help
support public understanding of human rights.
EQUAL ACCESS TO PUBLIC
RESTROOMS
In the UK, a transgender man was not
permitted to use the male bathroom
during his stay in a public hospital, causing
him much distress. The man’s advocate
discussed with the hospital a person’s
right not to be discriminated against on
the basis of gender identity under the UK
Human Rights Act. The hospital changed
its practice. In Australia, we have only had
federal legal protections to prevent such
discrimination since 2013. Before that
time, a person would not have enjoyed
the protection of the law to challenge
such practices. Prior to the change in
Australian law, a legal right to be free
from discrimination on the basis of gender
identity, as in the UK, would have provided
more effective protection.66
Strengthening the operation of federal
discrimination laws
To strengthen our human rights system, we must also
consider how to enhance the protections we already
have. Our existing discrimination laws play an important
role in fulfilling some of our international obligations, but
require improvement.
As part of the National Conversation, the Commission
has identified key priority areas for federal
discrimination law reform.67 These include simplifying
and improving the consistency of legislative
definitions, addressing limitations in the coverage of
protected attributes, reviewing existing permanent
exemptions in the four federal discrimination acts and
providing further clarity to business, organisations
and individuals regarding their obligations under
federal discrimination laws.
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FREE AND EQUAL An Australian conversation on human rights 2019
FREE AND EQUAL An Australian conversation on human rights 2019
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