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 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 21: Coroner investigates the role of systemic racism in the death in police custody of proud Yorta Yorta woman Aunty Tanya Day
Proud Yorta Yorta woman Aunty Tanya Day –a much-loved sister, mother, grandmother and advocate - died in December 2017 after being arrested for being drunk in a public place after she fell asleep on a train.
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 23: Mental health treatment orders must be reviewed within a reasonable time
Gary Kracke had a mental illness. He challenged an order requiring him to have mental health treatment.
Case 24: Man with mental illness able to continue managing his own money
Patrick had a long-term mental illness and had been an inpatient in a hospital for many years.
Case 25: Man with mental illness who is detained in a facility has restriction on calling his lawyers removed
A man who was an inpatient at a mental health facility had his phone calls limited by order of his authorised psychiatrist.
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 27: Aboriginal woman with mental illness able to access treatment in the community instead of in hospital
An Aboriginal woman with mental illness was subject to compulsory mental health treatment in hospital.
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 29: Ban on protests on public housing estates overturned
In 2013, two men living in public housing used the Victorian Charter to successfully challenge Victorian Government rules that banned political rallies on public housing estates and banned residents from putting political information on noticeboards.
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 31: Political protest in a shopping complex was not trespass
Sixteen protesters from a larger group of 150-200 people were charged with trespass and besetting after they took part in a political demonstration outside a shop in the QV Square in Melbourne.
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 34: A woman uses Charter to negotiate culturally appropriate crisis accommodation
A woman seeking assistance from a crisis accommodation service advised that, as a practising Muslim, she could not reside in a premises with men.
Case 35: Woman supported during investigation of injury incurred while in the care of disability service provider
Parents of a woman supported by a disability service provider noticed that their daughter, Shelly, had bruising around her chin.
Case 36: Coercive questioning by police breaches freedom of movement and right to privacy
Mr Kaba, a black man, was a passenger in a vehicle that was subject to a random stop and search by the police.
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.