101 cases
of how Human Rights ACTS make our lives better
No matter who we are or where we are, our lives are better when we all treat each other with fairness and respect and when we can all enjoy our rights and freedoms. Human Rights Acts and Charters promote respect for human rights and give people power to take action if their rights are breached.
The 101 cases set out here highlight the benefits Human Rights Acts and Charters have brought to people in the ACT, Victoria and Queensland. These cases also highlight the need for a national Human Rights Act, as well the need for Acts or Charters in states and territories which do not yet have them.
We designed this resource to inspire people to use Human Rights Acts and Charters where they exist in Australia; and to join with others in calling for a national Human Rights Act and Charters in every state and territory.
Click here to add your name to the call for a Human Rights Act.
CASE STUDIES
101 Cases
Human Rights Acts and Charters Make Our Lives Better.
Here are 101 cases showing how
Case 1: Recognising Aboriginal and Torres Strait Islander significant dates and events at schools
The Queensland Department of Education has incorporated human rights considerations into their internal complaints process.
Case 2: Domestic violence survivor avoids eviction to homelessness
Tenants Queensland used the Queensland Human Rights Act to help a single mother who had experienced domestic violence to avoid eviction.
Case 4: Expectant mother holds on to her tenancy
Tenants Queensland assisted a single mother, who was 7 months pregnant, to respond to an application for termination of her tenancy due to a serious breach which was based on the conduct of her ex-partner who was involved in alleged illegal activity.
Case 6: Office of the Public Guardian helps children to raise human rights arguments about their placement
The Office of the Public Guardian, a statutory office established to protect the rights and wellbeing of certain adults, children and young people, used the Queensland Human Rights Act in connection with the placement of two siblings in family-based care.
Case 7: Parents with a disability use human rights arguments to keep their family together
The Queensland Benevolent Society, a charity which supports people with a disability, children, families, older Australians and carers, has used the Queensland Human Rights Act to advocate for their clients.
Case 9: Complaint leads to agreement to install escalators for accessibility
When escalators at a train station were replaced by steep, inaccessible stairs, one older resident of the community made a human rights complaint.
Case 10: Family in need of accessible social housing offered support after long delay
After an Aboriginal woman with a disability, and her three children, were forced to vacate their social housing, the woman lodged a complaint regarding the length of time taken to arrange modifications to ensure she could shower and access the kitchen safely.
Case 11: ACT Human Rights Commission assists Aboriginal child to raise human rights arguments in relation to her experience in custody
The ACT Human Rights Commission intervened in a court case regarding the infringement of the cultural rights of an Aboriginal child detained at the Bimberi Youth Justice Centre.
Case 12: Single mother secures priority place on housing assistance register
A single mother waiting for public housing was removed from the housing assistance register because her income exceeded the new threshold.
Case 13: Supreme Court sets aside directions limiting the times a daughter can visit her mother
Mariem Omari, a mother with a cognitive disability was under a guardianship order. Her sons were her guardians.
Case 16: Access to public school education for asylum seekers
The ACT Human Rights Act protects the right to education.
Case 20: Helping child victim/survivors of crime to give evidence
The Director of Public Prosecutions raised children’s rights under the Charter to support seeking an extension of time to allow a child, who was the victim/survivor of sexual assault, to give evidence via audio-visual recording.
Case 26: Meaningful access to Aboriginal culture in out-of-home care
Aboriginal children are over-represented in child protection systems and are often removed from their family and placed in the care of non-Aboriginal families.
Case 30: Addressing the over-imprisonment of Aboriginal women in prison
Aboriginal women are the fastest growing prisoner group in Victoria and are significantly over-represented compared with non-Aboriginal women.
Case 44: Aboriginal children returned to the care of their grandmother
Four Aboriginal siblings were placed in protective care because of concerns for their safety. At first, the children were placed in a non-Aboriginal home and separated from one another.
Case 52: Protecting a single mother of three from homelessness
The Ministry of Housing tried to evict a single mother from public housing after it was found that her boyfriend was growing marijuana on the premises.
Case 59: Single mother with a disability avoids having her daughter being removed from care
A single mother with cerebral palsy was at risk of having her daughter being removed from care by child protection authorities.
Case 60: Student with a disability avoids being expelled
A child with a learning disability was threatened with expulsion by his school due to some behavioural issues.
Case 67: Criminal law process that would undermine a child’s rehabilitation is stopped
A child was charged with an offence. Police stated that the charge would be withdrawn if the child agreed to provide a statement and evidence against another person who was jointly accused of the crime.
Case 68: Family provided with appropriate secure housing
A woman from a refugee background was living with her children in public housing.