Responsibilities and commitments from a human rights perspective
Forum participants stressed Australia’s obligation to uphold and protect the rights of First Nations
women, children and families to be safe and free from all forms of violence including family, domestic
and sexual violence, racial violence, and institutional discrimination, wherever they live. They spoke of
the systemic failures of successive Australian Commonwealth, state and territory governments to
guarantee these protections.
Participants noted that Australia has ratified and endorsed human rights frameworks where the right to
safety is foundational. This includes the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW), the Convention on the Rights of Persons with Disabilities (CRPD), the
Convention on the Elimination of Race Discrimination (CERD), the Convention on the Rights of the Child
(CRC), the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (OPCAT), and significantly for First Nations peoples, the United Nations
Declaration on the Rights of Indigenous Peoples (UNDRIP). Progressing implementation of these treaties
and fulfilling Australia’s international obligations is foundational to ending violence against First Nations
women and children.
CEDAW7 articulates strongly in Articles 2,5,11,12 and 16 requirements to act to protect women against
violence of any kind occurring within the family, workplace or any other area of social life. UNDRIP 8
captures the intention of these articles and applies them to the unique cultural lives and rights of
Indigenous peoples, women and children. Specifically, Article 22(2) requires that governments take
measures to guarantee that Indigenous women and children are protected against all forms of violence
and discrimination. The CRC and the CRPD also highlight the unique vulnerabilities of children and those
with disabilities experiencing violence, neglect and abuse and the need to guarantee protections and
mechanisms to ensure freedom from violence and to guarantee safety.
There is increasing recognition of the heightened difficulties faced by Indigenous women in securing and
realising their rights. In her 2022 Report on violence against indigenous women and girls,9 the Special
Rapporteur on violence against women, its causes and consequences, Reem Alsalem notes that
Indigenous women experience intersecting discriminations and are disproportionately impacted by
gender-based violence. Regarding the root causes of violence against Indigenous women, Ms Alsalem
states:
Historic and systemic patriarchal power structures, racism, exclusion and
marginalization, maintained by the legacy of colonialization, have led to high levels
of poverty, dire financial and social stress, and significant gaps in opportunities and
well-being between indigenous and non-indigenous women.10
Wiyi Yani U Thangani • First Nations Women’s Safety Policy Forum • Outcomes Report | 21