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 50: Reducing restraint and seclusion in mental health services
The Department of Health reviewed procedures in mental health services in light of Charter requirements and made efforts to reduce the use of restraint and seclusion.
Case 51: Council protects the rights of people with disabilities
The Charter had a ‘discernible impact’ on the policies and practices of Boroondara City Council which undertook extensive planning to ensure that their pedestrian precinct was accessible for people with disabilities.
Case 53: Man with a disability protected from eviction
A Victorian Department attempted to evict a man who used a wheelchair from his home.
Case 55: Preventing the eviction of a person with an intellectual disability
Action for More Independence and Dignity in Accommodation (AMIDA), along with Tenants Union Victoria (TUV), used the Charter protect the rights of a person with an intellectual disability who had been given a notice to vacate his rooming house based upon his behaviour.
Case 56: Improving security and privacy at the home of a man with disabilities
A man with cerebral palsy and vision impairment was very concerned about security in the housing commission premises where he lived.
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 58: Protecting a man with a cognitive disability from financial abuse
A man with a disability was pressured by his sister and members of his church community group to move in with his sister and allow her access to his $60,000 savings.
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 61: Man with a physical disability allowed to continue living in family home
A man with physical disabilities and limited mobility continued to live in his family home after his mother had been admitted to an elderly care unit and placed under a financial administration order by a tribunal.
Case 62: Charter helps man with a disability receive services to help community integration
A man with a physical and mental disabilities living in a supported accommodation unit was not provided with appropriate services to which he was entitled.
Case 63: Charter helps man to access disability aids in prison
A man with a physical disability detained in a prison was frequently deprived of his aids when being moved from one part of the prison to another.
Case 65: Man with a disability allowed to privately access to his own mail
A man with a physical disability living in a shared supported accommodation unit objected to his mail being opened by the workers at the unit.
Case 66: Tenant’s freedom of religion protected in housing works dispute
A man with a physical disability living in public housing objected to work being carried out on his house on a holy day due to his religious beliefs.
Case 69: Young woman with cerebral palsy provided with disability support services
A young woman with cerebral palsy was left in her home, alone and unable to leave, while waiting for the government to determine whether or not she was eligible for disability support services.
Case 71: Tribunal matter reopened to protect victim of domestic violence
A tribunal matter regarding the payment of rent and repairs to a property was reopened despite falling outside of its limitation period.
Case 74: Guardianship revoked due to incompatibility of decisions with human rights
A woman with a cognitive disability contested the decision of her guardian to have her moved into a residential facility where no workers spoke her language, understood her cultural and religious beliefs or would prepare food in a way which was required by her religion.
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 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.