Australian Human Rights Commission Submission to the CEDAW Committee – 12 June 2018 8. The Commission recommends that the Committee request an update from the Australian Government on progress in relation to the above priority areas in 12 months, under article 18 of CEDAW and Rule 48 of the Rules of Procedure. 3 Human Rights Framework 3.1 Scrutiny of human rights and the Parliamentary Joint Committee on Human Rights (CO 17, CEDAW article 2, LOI 1) 9. The Commission commends the Australian Government for establishing the Parliamentary Joint Committee on Human Rights (PJCHR) in 2011.3 10. The Commission is concerned that the PJCHR’s views and concerns do not always appear to be given sufficient consideration during the legislative process, and that it is possible for a bill to pass into law prior to the PJCHR releasing its conclusions in relation to the human rights compatibility of the bill.4 There is also variable quality in the drafting of statements of compatibility within and across Government departments. 5 11. The Commission notes that some other parliamentary committees also scrutinise legislation and consider compliance with human rights.6 Recommendation 1: That the Australian Government ensure that: (i) (ii) Concerns raised by the Parliamentary Joint Committee on Human Rights are fully considered in the legislative process. All statements of compatibility are consistently of a high standard and are supported by evidence and analysis. 3.2 Domestic incorporation (CO 15–17, 20–21, CEDAW Article 2, LOI 1) 12. The Commission welcomes the commitment of the Government to remove the reservation to CEDAW on women in defence combat roles,7 and encourages the Government to consider removing its reservation to article 11(2) on maternity leave with pay. 13. The operation of the SDA over the last 25 years shows that there are some limitations with the current form and content of Australia’s gender equality legislation.8 14. The scrutiny provided for by the PJCHR is not a substitute for full incorporation of CEDAW into domestic law through mechanisms such as a national human rights Act.9 More recently, the Special Rapporteur on Violence against Women has recommended that Australia fully incorporate and implement CEDAW.10 15. The Commission has made recommendations to improve the effectiveness of the SDA to ensure equality of women and men, and to ensure the Australian Government fully implements Australia’s international legal obligations under CEDAW.11 4