Australian Human Rights Commission
Information for List of Issues on Australia, 29 September 2017
http://www.aph.gov.au/Parliamentary_Business/Committees/House/Social_Policy_and_Legal_Affairs/I
nquiry_into_surrogacy/Report (viewed 11 September 2017). The Committee’s 10 recommendations
concern improving access to well-regulated and lawful domestic surrogacy arrangements so that there
is less need for Australians to travel overseas to engage in surrogacy (Recommendations 1-6), and to
promote better protection of the human rights of birth mothers and the children they carry on behalf of
Australian citizens involved in international surrogacy arrangements (Recommendations 7-10). If the
recommendations are adopted, it will be a step towards more uniform domestic laws that provide
increased access to well-regulated surrogacy arrangements in Australia, and increased scrutiny of the
practices in other countries which should lead to better human rights outcomes.
61 The focus on the project is to:
Elevate the voice of and effectively empower Aboriginal and Torres Strait Islander women and
girls to take part in a human-rights-based process which is accessible and relevant to their lived
reality.
Capture the voices of Aboriginal and Torres Strait Islander women and girls with respect to their
cultural, socio-economic and personal security, their key priorities, and the principles that they
believe underpin effective policy and practice.
Provide robust evidence and set out clear guidance for governments to improve their capacity to
support Aboriginal and Torres Strait Islander women and girls as active citizens and positive
change makers, and the best-practice considerations that need to be deployed throughout
government policies and programs.
62 Australian Bureau of Statistics, Prisoners in Australia, 2016 (data tables) in Over-represented and
overlooked: the crisis of Aboriginal and Torres Strait Islander women’s growing over-imprisonment,
Human Rights Law Centre and Change the Record, 10.
It is also important to note that 80% of Aboriginal and Torres Strait Islander women in prison are
mothers: Over-represented and overlooked: the crisis of Aboriginal and Torres Strait Islander women’s
growing over-imprisonment, Human Rights Law Centre and Change the Record, 5.
63 Dr William Jonas AM, Social Justice Report 2002, Australian Human Rights Commission, (2002)
136. Aboriginal and Torres Strait Islander women are still imprisoned and still die in prison at
unacceptable rates. Current efforts around diversion must be strengthened so that women are not
imprisoned for offences such as, but not limited to, fine default, public drunkenness, substance abuse
and traffic offences. Consideration must be given to the need for a national Indigenous Women’s
Legal Service in order to address the chronic disadvantage experienced by Aboriginal and Torres
Strait Islander women and their access to justice - Commonwealth of Australia, Senate Standing
Committee on Legal and Constitutional Affairs References Committee, Access to Justice (2009)
8.124-8.126. Organisations such as the Family Violence Prevention Legal Services should be
strengthened to increase the access of culturally appropriate services to Indigenous women across
regional, metropolitan and remote areas - Sisters Inside, Submission 69 to the Senate Standing
Committee on Legal and Constitutional Affairs References Committee, Parliament of Australia, Inquiry
into the value of a justice reinvestment approach to criminal justice in Australia, (2013) 23.
64 Change the Record, Blueprint for Change, Change the Record Steering Committee (2015).
65 Australian Institute of Health and Welfare, ‘Child protection Australia 2014-15’ Child Welfare Series
No. 63 (2016) 48, 53. Also, Australian Institute of Health and Welfare, ‘Child protection Australia 20152016’ Child Welfare Series No. 66 (2017) 51-52.
66 The Hon Malcolm Turnbull MP, Prime Minister, and the Hon Sen George Brandis QC, ‘Royal
Commission into the Child Protection and youth detention systems of the Northern Territory’, (Media
release, 28 July 2016). At https://www.pm.gov.au/media/2016-07-28/royal-commission-childprotection-and-youth-detention-systems-northern-territory (viewed 11 September 2017).
67 Australian Human Rights Commission, Social Justice and Native Title Report 2015, 48-61. At:
https://www.humanrights.gov.au/our-work/aboriginal-and-torres-strait-islander-socialjustice/publications/social-justice-and-nati-1 (viewed 28 September 2017). Australian Human Rights
Commission, Social Justice and Native Title Report 2016, 70-98. At:
https://www.humanrights.gov.au/our-work/aboriginal-and-torres-strait-islander-socialjustice/publications/social-justice-and-nati-2 (viewed 28 September 2017).
68 Parliamentary Joint Committee on Human Rights, Parliament of Australia, 2016 Review of Stronger
Futures measures (2016), [4.104]-[4.105]. At:
http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Committee_Inquiries
/strongerfutures2/Final_report (viewed 27 September 2017).
69 Australian Government Department of Social Services, Cashless Debit Card Trial Evaluation: Final
Evaluation Report, August 2017, 36. At: https://www.dss.gov.au/families-and-children/programsservices/welfare-quarantining/cashless-debit-card-trial-evaluation-reports (viewed 21 September
2017); Australian Government Department of Social Services, Cashless Debit Card Trial Evaluation: 24