Refugee law in Australia
The Refugees Convention22.5 Australia is a signatory to the Refugees Convention, the key international instrument that regulates the obligations of states to protect refugees fleeing from persecution.[2] Article 1A(2) defines a refugee as a person who,owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group …
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Read moreGeneral protections
16.74 Some victims of family violence are subject to discrimination and adverse treatment in the workplace as a result of their experiences of family violence.[102] Current general protections provisions under the Fair Work Act offer limited protection in such circumstances. 16.75 Whether family violence should be included as a separate ground of discrimination under the …
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Read moreInternational setting
2.3 A number of international conventions are relevant to the legal framework in relation to violence in the family, and acknowledge that violence against women and children is a violation of human rights.2.4 Such international instruments do not become part of Australian law until incorporated into domestic law by statute.[3] However, as Professors Bryan Horrigan …
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Read moreRefugee law in Australia
The Refugee Convention22.4 Australia is a signatory to the Refugee Convention, the key international instrument that regulates the obligations of states to protect refugees fleeing from persecution. Article 1A(2) defines a refugee as a person who,owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group …
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Read moreGeneral protections
17.135 Under the Fair Work Act, national system employees are entitled to a range of general workplace protections. Specifically, the Act: protects workplace rights, and the exercise of those rights;protects freedom of association and involvement in lawful industrial activities; andprovides other protections, including protection from discrimination.[122]17.136 Part 3–1 of the Fair Work Act contains these …
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Read moreInternational setting
2.4 Under its constituting legislation, the ALRC is directed to have regard to ‘all of Australia’s international obligations that are relevant to the matter’.[3] A number of international conventions are relevant to the legal framework in relation to violence in the family. In particular, these reflect the acknowledgment that violence against women and children is …
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Read moreFamily violence in refugee law
89. The ALRC is of the view that the treatment of refugees who are victims of family violence falls within the Terms of Reference. The Macquarie dictionary defines term ‘immigrate’ as: ‘to come into a country of which one is not a native for the purposes of permanent residence’.[103] This bears similarities to the object …
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Read moreGuiding principles and a human rights framework
7.8 Definitions form only one limb of an interpretative framework—principles form another.[10] The Model Domestic Violence Laws Discussion Paper was criticised by Hunter and Stubbs for failing to include a set of guiding principles.[11] Most family violence legislation does not set out guiding principles or address the specific features of family violence. This section discusses …
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Read moreInternational instruments
2.2 Under its constituting legislation, the ALRC is directed to have regard to ‘all of Australia’s international obligations that are relevant to the matter’.[1] A number of international conventions are relevant to the legal framework in relation to violence against women and children in the family. In particular, these reflect the acknowledgment that violence against …
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Read moreThe Recognition of Aboriginal Customary Laws and Human Rights Standards
179. Relevant Human Rights Instruments. Australia is party to a number of international human rights treaties which are relevant for present purposes. Four treaties should be briefly referred to.180. International Covenant on Civil and Political Rights 1966. Articles 1 and 27 have already been discussed. Other significant provisions of the Covenant include the following:the inherent …
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