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 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 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 15: ACT Human Rights Act provides a right to compensation for unlawful arrest or detention
Three men were each unlawfully detained. They made claims against the government for compensation for their wrongful detention.
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 42: Safeguards and accountability around decision to admit a man with cognitive disabilities to a locked residential facility
A 70 year-old man had Parkinson’s disease, a cognitive disability and mental illness.
Case 76: Stopping the criminalisation of sleeping in cars
The Homeless Persons’ Legal Clinic used the Charter in its advocacy campaign against a proposal by the Yarra Ranges Shire to criminalise sleeping in cars.
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 98: Freedom of movement and liberty considered in delay of release of individual quarantining after COVID-19 positive test
A man was required to isolate after testing positive for COVID-19.