Human Rights Education
7. References to human rights in the national school curriculum are limited, particularly regarding
coverage of ESC rights.7 There remains a need for ongoing human rights education across all
areas of the public sector – particularly for those working with children and in the
administration of justice and places of detention.
Issues for consideration:
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Information on consideration being given to the ratification of the OP-ICESCR
Information on the incorporation of ICESCR into Australian law
Information on improving and strengthening the federal discrimination law system to
ensure its effectiveness
Information about procedures for considering the concerns raised by the PJCHR
Information on ensuring that the Commission is guided by a comprehensive definition
on human rights, including by scheduling ICESCR to the AHRC Act
Information on the provision of human rights education in the national school
curriculum, in particular, with regard to economic, social and cultural rights. Details
of the extent of human rights training that is provided to all professions and sectors
having a direct role in the promotion and protection of human rights, including
judges, lawyers, civil servants, teachers, law enforcement officers, migration officers,
the police and the military
Human rights on the ground
COVID-19 policy
8. Restrictions on rights, as well as penalties, have been introduced as part of the response to the
COVID-19 pandemic without there always being adequate legislative oversight or review, or
consideration through a human-rights framework.8 There are limited processes to ensure the
human rights impacts of decisions made during public emergencies are properly considered.
9. Australia implemented international and internal border closures and restrictions for extended
periods of time during COVID-19. This included the unprecedented step of effectively preventing
thousands of Australian citizens from re-entering Australia, through travel caps;9 and a ban on
citizens returning from India (with penalties of 5 years imprisonment or a $66,000 fine) during
the Delta outbreak, which drew concern by the Office of the High Commissioner for Human
Rights.10 These policies resulted in Australians overseas being unable to leave COVID hotspots;
extended periods of family separation; high financial costs associated with inflated travel prices,
accommodation abroad and mandated hotel quarantine upon return to Australia; lost
employment opportunities; and mental health impacts. Internal border closures (between
states) has also resulted in unjust outcomes – for example the Victorian Ombudsman found
that the narrow discretion exercised by Victorian officials over exemption applications ’resulted
in unjust outcomes, potentially for thousands of people’.11
2