Promoting and Protecting the Human Rights of Women and Girls A Manual for National Human Rights Institutions AUSTRALIA: AMICUS INTERVENTION IN CORONIAL INQUEST INTO DOMESTIC VIOLENCE In 2012, the Australian Human Rights Commission intervened in the coronial inquest into the death of an indigenous woman who was murdered by her abusive former partner. The Commission’s written and oral submissions identified relevant human rights issues, links between human rights and the circumstances surrounding the victim’s death and human rights obligations related to gender-based violence against women. Importantly, the intervention supported a broadening of the initial terms of reference to include systemic issues in relation to the handling of domestic violence matters by the various state government departments. The Commission appeared at the inquest, examined witnesses and made oral and further written submissions in relation to the relevance of human rights to the inquest, the obligations of the Government of Western Australian in relation to domestic violence and the elimination of discrimination against women in the form of domestic violence, including articulating the nature of the due diligence obligations on the Government. The Coroner did not specifically mention human rights or the Commission in his findings. However, it was clear from the Commission’s participation in the hearing, and the conduct of both the Coroner and counsel for all parties, that, in addition to directing the Court to various human rights issues, there was a significant educative impact on all those participating in and observing the proceedings.90 Women and girls experience a range of human rights violations. As individuals and as a group, women and girls can benefit significantly when NHRIs operate effective and accessible complaint handling mechanisms.90 5.2. THE COMPLAINT HANDLING FUNCTION: EFFECTIVENESS AND ACCESSIBILITY91 The value of the NHRI’s complaint handling function for women and girls will depend heavily on how accessible it is to women and girls and to those who support women and girls to defend their rights. The NHRI should examine its complaint handling procedures from a gender perspective, paying special attention to: • acessibility; with a view to identifying any obstacles that women and girls might experience in lodging or pursing a complaint with the NHRI • effectiveness, with a view to identifying how the complaint handling process can be made more effective in dealing with violations of women’s and girls’ human rights and bringing about positive results. Some specific suggestions around accessibility and effectiveness are provided below. The broader issue of integrating a gender-based approach into the work of NHRIs is considered in Chapter 12. 54 90 The Commission’s submission and the Coroner’s findings are available at www.humanrights.gov.au/sites/default/files/content/ legal/submissions_court/guidelines/Submissions%2025%20June%202012%20(2).pdf and www.humanrights.gov.au/sites/ default/files/content/legal/submissions_court/guidelines/Pickett_finding.pdf. 91 This section, as well as sections 5.3-5.6, is adapted from APF, Promoting and Protecting the Rights of Migrant Workers: The Role of National Human Rights Institutions, 2012, pp. 85-102.