Australian Human Rights Commission Information for LOIPR - Australia, 27 June 2016 Act). Human rights are defined as the international instruments scheduled to or declared under the AHRC Act. The Commission’s legislation does not include the CAT within the definition of ‘human rights’. 8. The International Covenant on Civil and Political Rights (ICCPR),7 and the Convention on the Rights of the Child (CRC),8 are included in the definition of human rights under the AHRC Act. As such, the Commission can investigate allegations of torture, cruel, inhuman and degrading treatment through the ICCPR and the CRC. 9. The definition of human rights in the Australian Human Rights Commission Act 1986 (Cth) is not consistent with that of the Joint Parliamentary Committee on Human Rights under the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). This Act defines human rights as the seven instruments to which Australia is a party, including the CAT. 10. Issue for consideration in the LOIPR: Ensuring that the Commission is guided by a comprehensive definition of human rights, including by CAT being a scheduled instrument. 3. Ratification of OPCAT Concluding Observations, para 22 Relevant provisions of the CAT: Article 2(1) 11. The Commission notes that Australia signed the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2009, but has yet to ratify the treaty. 12. During Australia’s UPR appearance and response, the Government noted that ratification was under active consideration.9 At this stage, there have not been detailed discussions about the model for the national preventive mechanism under the OPCAT. 13. Issue for consideration in the LOIPR: Information on the timing of ratification of OPCAT and the nature of the National Preventive Mechanism to be established for places of detention. 4. Scrutiny of human rights and role of the Parliamentary Joint Committee on Human Rights Concluding Observations, para 21 Relevant provisions of the CAT: Article 2(1) 14. The Parliamentary Joint Committee on Human Rights (PJCHR), analyses bills and legislative instruments before the federal Parliament for compliance with human rights. The definition of human rights is the seven international instruments to which Australia is a party, including CAT. 4

Выберите целевой абзац3