Conducting a National Inquiry into Systemic Patterns of Human Rights Violation
6.3.1. Examples of terms of reference
Example 1:
Terms of reference of the National Inquiry into the Separation of Aboriginal and Torres Strait
Islander Children from Their Families conducted by the Australian Human Rights and Equal
Opportunity Commission 1997
To:
(a) trace the past laws, practices and policies which resulted in the separation of Aboriginal and
Torres Strait Islander children from their families by compulsion, duress or undue influence,
and the effects of those laws, practices and policies;
(b) examine the adequacy of and the need for any changes in current laws, practices and policies
relating to services and procedures currently available to those Aboriginal and Torres Strait
Islander peoples who were affected by the separation under compulsion, duress or undue
influence of Aboriginal and Torres Strait Islander children from their families, including but
not limited to current laws, practices and policies relating to access to individual and family
records and to other forms of assistance towards locating and reunifying families;
(c) examine the principles relevant to determining the justification for compensation for persons or
communities affected by such separations;
(d) examine current laws, practices and policies with respect to the placement and care of
Aboriginal and Torres Strait Islander children and advise on any changes required taking into
account the principle of self-determination by Aboriginal and Torres Strait Islander peoples.
In performing its functions in relation to the reference, the Commission is to consult widely among
the Australian community, in particular with Aboriginal and Torres Strait Islander communities, with
relevant non-government organisations and with relevant Federal, State and Territory authorities and if
appropriate may consider and report on the relevant laws, practices and policies of any other country.
The Commission is required to report no later than December 1996.
Example 2:
Terms of reference of the National Inquiry into Discrimination experienced by Transgender
People conducted by the New Zealand Human Rights Commission 2008
1.
The Commission will inquire into:
(a) the nature and extent of discrimination experienced by transgender people
(b) the accessibility of public health services to transgender people (incorporating the
minimum core obligations of both the primary and secondary health services, including,
but not limited to, gender reassignment services)
(c) the barriers faced by transgender people when attempting to gain full legal recognition of
their gender status.
2.
To consider, as a result of these inquiry processes, whether to make recommendations on:
(a) changes to legislation, regulations, policies and practices
(b) other steps required to reduce the level of marginalisation experienced by transgender
people.
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