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 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 64: Man needing home and community care services receives appropriate support worker
A man who needed home and community care services from his council but was unable to speak or understand English was provided with a support worker who was unable to communicate with him in his own language.
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 67: Criminal law process that would undermine a child’s rehabilitation is stopped
A child was charged with an offence. Police stated that the charge would be withdrawn if the child agreed to provide a statement and evidence against another person who was jointly accused of the crime.
Case 68: Family provided with appropriate secure housing
A woman from a refugee background was living with her children in public housing.
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 70: Woman to receive urgent medical treatment
A woman was denied immediate medical assistance to treat contractures in her hand due to her being over 50 years of age.
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 72: Grandparents use human rights to argue for more appropriate accommodation for grandchild with brain injury living in aged care home
A 40-year-old man with brain injury was living in an aged care home.
Case 73: 96-year-old woman protected from eviction and homelessness
A 96-year-old woman was given a 60 day notice to vacate the home she had lived in for 21 years.
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 75: Young woman given the opportunity to find appropriate housing
A young woman with a refugee background was given a notice to vacate at the end of her three-month fixed-term tenancy agreement in transitional housing operated by a private provider.
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 77: Family of seven protected from homelessness
A family of seven had experienced great difficulty in receiving financial support and secure housing since arriving in Australia.
Case 78: Charter assists in affording 66-year-old woman appropriate accommodation
A 66 year-old woman with mental health concerns had been applying for alternative accommodation as her public housing property was exacerbating her health conditions.
Case 79: Teenage sisters separated from family avoid homelessness
Two teenage sisters were studying full time and living in public housing with their parents.