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
Aboriginal children jailed in adult prison: Human Rights Act in action
Bendigo mosque and freedom of religion: Human Rights Act in action
Will Ingram and the right to equality: Human Rights Act in action
Queensland and the right to housing: Human Rights Act in action
The right to education for children seeking asylum: Human Rights Act in action
Victorian pandemic laws: Victorian Charter of Rights in action
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 3: Man with a disability uses human rights arguments to avoid eviction
Tenants Queensland used the Queensland Human Rights Act to help a man with mental health issues 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 5: Person experiencing mental health issues avoids homelessness
A woman was at risk of becoming homeless following an eviction order being made against her by a tribunal.
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 8: Unreasonable delay led to charges being dismissed
Legal Aid Queensland successfully used the Queensland Human Rights Act to oppose the adjournment of a trial for a minor criminal offence.
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 88: Police express regret about asking traditional custodians to move on while exercising their cultural rights
Adrian Burragubba, a leader of the Wangan and Jagalingou people, and his family were camping, practicing their culture and performing traditional ceremonies on a pastoral lease area.
Case 90: Human rights considered in response to hotel quarantine complaint
A man made a human rights complaint about the impact of his detention in hotel quarantine on his mental illness.
Case 91: Human rights protect against disproportionate effect of COVID-19 public health measures
Caxton Legal Centre used the Queensland Human Rights Act to advocate for its clients affected by COVID-19 public health measures.
Case 92: Human rights focus in advocating for people in prison during the COVID-19 pandemic
The human rights of people in prison were significantly affected during the COVID-19 pandemic.
Case 94: Child with a disability exempted from detention in hotel quarantine
A family detained in hotel quarantine in Queensland complained to the Queensland Human Rights Commission about the impact of the detention on their child who has autism spectrum disorder.
Case 95: Protecting the mental health of a woman in hotel quarantine
A woman lodged a complaint with the Queensland Human Rights Commission on the grounds that the conditions of hotel quarantine, including the enclosed spaces and absence of natural light and air, were exacerbating her mental health issues.
Case 96: Ombudsman helps woman to navigate border restrictions on freedom of movement
A woman was relocating from NSW to Victoria to start a new job during a period of COVID-19 related border closures between the states.
Case 101: Quarantine exemption for woman picking up assistance dog
A woman planned to visit Queensland from interstate to pick up her assistance dog, with her mother and her carer, during a period of COVID-19 border restrictions.