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 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 19: Ensuring interpreters in tribunal proceedings for people with limited English
The Commission wrote to the ACT Civil and Administrative Tribunal after it became aware that people in proceedings who spoke very limited English were not always being provided with free interpreters.
Case 22: Imprisonment for unpaid fines of man with a cognitive disability prevented
Zakaria Taha had an intellectual disability. He was issued with numerous fines for different minor offences including riding a bike without a helmet and taking public transport without a ticket.
Case 28: Victorian Government promotes a more inclusive approach to working with and referring to LGBTIQ people
The Victorian Government developed and published an ‘LGBTIQ inclusive language guide’ for the Victorian Public Service explaining how to use language respectfully and inclusively when working with, and referring to, LGBTIQ people.
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 32: Blind woman able to access audiobooks in prison
A woman became blind in prison. After losing her vision, she couldn’t read books from the prison library. At the time, the library did not have any working audiobooks, so her mother bought some for her.
Case 33: Man compensated for discriminatory ban from council buildings
Paul Slattery had multiple disabilities, including bipolar disorder, posttraumatic stress disorder and an acquired brain injury.
Case 37: Insurance policy excluding claims for mental illness incompatible with right to equality
Will Ingram purchased travel insurance in 2011 for an overseas study trip planned for 2012. In early 2012, he was diagnosed with a depressive illness and cancelled the trip on medical advice.
Case 38: Tribunal refuses parents’ application for daughter with an intellectual disability to undergo permanent contraception
The parents of a 25-year-old woman with an intellectual disability applied to a tribunal for approval for their daughter to undergo permanent contraception.
Case 39: Right to equality and fair hearing for self-represented litigants with learning disabilities
Betty and Maria Matsoukatidou (mother and daughter, respectively) were charged by Yarra Ranges Council for failing to secure and demolish their home after an arson attack.
Case 41: Aboriginal cultural rights need to be considered in decisions around access to the Koori Court
An Aboriginal man, Mr Cemino, applied to the Magistrates’ Court in Echuca in country Victoria to transfer the criminal charges he was facing to the Koori Court in Shepparton for sentencing.
Case 43: Better justice system responses to victim/survivors of crime who have a disability
For many years, community legal centres, victim/survivor advocates and the Victorian Equal Opportunity and Human Rights Commission have called on the Victorian Government, Victoria Police and the Office of Prosecutions to improve
Case 57: Woman gains access to disability services
A woman with dual disability was not eligible to access services because neither of her disabilities, when considered separately, met the requirements of the relevant government departments.
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 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 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.