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Annual Report 1999-2000: Appendix 1

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Annual Report 1999 - 2000

Appendix 1

International instruments
observed under legislation administered by the Human Rights and Equal
Opportunity Commission

Human Rights and Equal Opportunity
Commission Act

The International
Covenant on Civil and Political Rights deals with many human rights and
includes the right without discrimination to:

  • freedom from
    torture or cruel and inhumane punishment

  • equality before
    the law

  • humane treatment
    if deprived of liberty

  • freedom of
    thought, conscience and religion

  • peaceful assembly
  • a vote and election
    by equal suffrage

  • marriage and
    family

The Declaration of
the Rights of the Child provides that every child has the right to:

  • a name and nationality

  • adequate nutrition,
    housing and medical services

  • education
  • special treatment,
    education and care if the child has a disability

  • adequate care,
    affection and security

  • protection
    from neglect, cruelty and exploitation

The Declaration on
the Rights of Disabled Persons provides that people with disabilities
have the right to:

  • respect and
    dignity

  • assistance
    to enable them to become as self-reliant as possible

  • education,
    training and work

  • family and social
    life

  • protection
    from discriminatory treatment

The Declaration on
the Rights of Mentally Retarded Persons provides that people with a mental
disability have the right to:

  • proper medical
    care and therapy

  • protection
    from exploitation, abuse and degrading treatment

  • a decent standard
    of living

  • education, training
    and work

  • due process
    of law review of procedures which may deny them these rights

The International
Labour Organisation Convention 111 deals with discrimination in employment
and occupation. Australian adherence to this Convention provides that
all people have the right to equal treatment in employment and occupation
without discrimination on the basis of:

  • race

  • colour
  • sex
  • religion
  • political opinion
  • national extradition
  • social origin
  • age
  • medical record
  • criminal record
  • sexual preference
  • trade union
    activity

  • marital status
  • nationality
  • disability (whether
    physical, intellectual, psychiatric or mental)

  • impairment (including
    HIV/AIDS status)

The Convention on
the Rights of the Child confirms that children are entitled to the full
range of human rights recognised in international law (subject to limitations
relating to their capacity to exercise these rights and to the responsibilities
of families). The Convention also recognises a range of rights relating
to the special needs of children. It seeks to ensure that the protection
of these rights in law and practice is improved.

The Declaration on
the Elimination of All Forms of Intolerance and of Discrimination Based
on Religion or Belief became part of the definition of human rights for
the purposes of the Human Rights and Equal Opportunity Act on 24 February
1994. The Declaration recognises the right to freedom of religion. The
only limitations to this right are those prescribed by law and which are
necessary to protect public safety, order, health, morals or the fundamental
rights and freedoms of others.

Racial Discrimination Act

The International
Convention on the Elimination of All Forms of Racial Discrimination aims
at the elimination of all forms of racial discrimination in order to promote
understanding between races and provide freedom from racial segregation.
It is entered into force for Australia by the Commonwealth Racial Discrimination
Act 1975 in which it is scheduled.

Sex Discrimination Act

The Convention on
the Elimination of All Forms of Discrimination Against Women and certain
aspects of the International Labour (ILO) Convention 156 are multilateral
agreements adopted under the auspices of the General Assembly of the United
Nations in 1979. The Conventions recognise the civil, political, economic,
social and cultural rights of women. The Commonwealth Sex Discrimination
Act 1984 implemente

Last
updated 1 December 2001.