5 5.2 A human rights-based approach to native title reform Australia’s human rights obligations Australia has voluntarily entered into commitments to protect the human rights of people in Australia by ratifying seven major international human rights treaties. These include the two core human rights treaties: the International Covenant on Civil and Political Rights (ICCPR)14 and International Covenant on Economic, Cultural and Social Rights (ICESCR).15 Other binding international treaties include: the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD);16 the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT);17 the Convention on the Rights of Persons with Disabilities (CRPD);18 the Convention on the Rights of the Child (CRC);19 and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).20 The United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) provides a comprehensive framework for the recognition and protection of Indigenous rights. Although Australia endorsed the Declaration in 2009, it does not establish new or additional human rights for Indigenous peoples. Instead, it elaborates on how rights contained in human rights treaties such as the ones referred to above apply to the specific circumstances of Indigenous peoples globally. There are four underlying principles that the Declaration elaborates. Contextualised for First Nations women and girls, these are: ƒ Self‑determination: Aboriginal and Torres Strait Islander women and girls have a right to shape their own lives, including their economic, social, cultural and political futures.21 ƒ Participation in decision-making: Aboriginal and Torres Strait Islander women and girls have the right to participate in decision-making in matters that affect their rights and through representatives they choose. This participation must be consistent with the principles of free, prior and informed consent. Aboriginal and Torres Strait Islander women and girls must be respected and treated as key stakeholders in developing, designing, implementing, monitoring and evaluating all policies and legislation that influences their wellbeing.22 ƒ Respect for and protection of culture: Aboriginal and Torres Strait Islander women and girls have a right to maintain, protect and practise their cultural traditions and cultural heritage. This includes protecting their integrity as distinct cultural peoples, their cultural values, intellectual property and Indigenous languages.23 ƒ Equality and non‑discrimination: Aboriginal and Torres Strait Islander women and girls should be able to enjoy their human rights without discrimination from individuals, governments and/or external stakeholders.24 The following sections aim to talk through how the human rights instruments reflect some key lived experiences of First Nations peoples. That is, that all our rights are intertwined and interdependent. They all ultimately come back to the right to be in control of decisions that impact us, and the right to be treated equally. Australian Human Rights Commission 21