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National Human Rights Consultation Report

Human Rights Consultation

In some of the world’s leading democracies, such as the United Kingdom and the United States, some human rights are protected by either a national Human Rights Act or a Bill of Rights. In recent times there has been debate in Australia as to whether human rights need to be codified in a charter of rights.  Currently, human rights in Australia are legally established through:

  • the Constitution of the Commonwealth (for all Australians), or the constitutions of the States (for the citizens of those States)
  • Commonwealth, State or Territory Acts of Parliament
  • decisions in courts over time
  • the signing of international declarations. 

On 10 December 2008, the Attorney General, Robert McClelland, launched a National Human Rights Consultation. The Consultation was designed to seek the views of the Australian community on how human rights and responsibilities should be protected in the future. On 30 September 2009, after community consultation through submissions, attendance at community roundtable sessions and participation in online consultation forums, the National Human Rights Consultation Committee handed its report to the Attorney General.

The National Human Rights Consultation website has made the following publically available:

The National Human Rights Consultation Committee recommended that Australia adopt a federal Human Rights Act with priority given to the right to an adequate standard of living – including adequate food, clothing and housing, the right to the enjoyment of the highest attainable standard of physical and mental health and the right to education. The Committee also recommended that civil and political rights such as the right to life, protection from torture and cruel, inhuman or degrading treatment and freedom from slavery or servitude also be included in a federal Human Rights Act without limitation. It also recommended that the following seven international human rights treaties should be protected and promoted:

  • the International Covenant on Civil and Political Rights
  • the International Covenant on Economic, Social and Cultural Rights
  • the Convention on the Elimination of All Forms of Racial Discrimination
  • the Convention on the Elimination of All Forms of Discrimination against Women
  • the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
  • the Convention on the Rights of the Child
  • the Convention on the Rights of Persons with Disabilities.

The Australian Government is currently considering the recommendations made by the National Human Rights Consultation Committee and has indicated to the Attorney General’s Department that it will make a formal response in the coming months.



Declaration of the Rights of the Child

Rights of the child

Declaration of the Rights of the Child (1959) – 50th anniversary

Convention on the Rights of the Child (1989) – 20th anniversary

November 20 is an important date in the global fight for children’s rights. Both the Declaration of the Rights of the Child and the Convention on the Rights of the Child were adopted by the United Nations General Assembly on this day – the former in 1959 and the latter in 1989.

The Declaration of the Rights of the Child emphasised the emotional well-being of children and stated that children were always to be the first to get help, relief and protection. It also asserted that every child had the right to be protected from neglect, cruelty and exploitation. Although the Declaration outlined the rights to which every child was entitled, it was a non-binding resolution of the United Nations General Assembly.

United Nations Declaration of the Rights of the Child (Plain Language Version)

1. All children have the right to what follows, no matter what their race, colour, sex, language, religion, political or other opinion, or where they were born or who they were born to.

2. You have the special right to grow up and to develop physically and spiritually in a healthy and normal way, free and with dignity.

3. You have a right to a name and to be a member of a country.

4. You have a right to special care and protection and to good food, housing and medical services.

5. You have the right to special care if handicapped in any way.

6. You have the right to love and understanding, preferably from parents and family, but from the government where these cannot help.

7. You have the right to go to school for free, to play and to have an equal chance to develop yourself and to learn to be responsible and useful.
Your parents have special responsibilities for your education and guidance.

8. You have the right always to be among the first to get help.

9. You have the right to be protected against cruel acts or exploitation, e.g. you shall not be obliged to do work which hinders your development both physically and mentally.
You should not work before a minimum age and never when that would hinder your health and your moral and physical development.

10. You should be taught peace, understanding, tolerance and friendship among all people.

United Nations Convention on the Rights of the Child

Unlike the Declaration of the Rights of the Child, the Convention on the Rights of the Child is a legally binding, international agreement that guarantees children a full range of human rights – civil, political, economic, cultural and social rights. The four core principles of the Convention are non-discrimination, the best interest of the child, the right to life, survival, and development and respect for the views of the child. The Convention protects children's rights by setting standards in education, health care, and civil, legal and social services. With the exception of Somalia and the United States, every country has ratified the Convention. The Australian government ratified the Convention in December 1990 and it became legally binding in Australia in January 1991.

Declaration of the Rights of the Child and Convention on the Rights of the Child resources

Human Rights resources (General)

Teaching and learning resources



United Nations Climate Change Conference, 2009

Copenhagen Climate Change Conference 2009

The United Nations Climate Change Conference took place in Copenhagen, Denmark between 7 December and 18 December 2009. The conference was organised to tackle the issue of global warming and to cut greenhouse emissions. Around 15,000 delegates and 130 world leaders attended the conference representing 193 countries including Australia. The conference concluded with the drafting of the Copenhagen Accord, a non-binding agreement. While the Accord recognises ‘the scientific view that the increase in global temperature should be below 2° Celsius’, it does not commit countries to any climate change-related agreements beyond the Kyoto Protocol and therefore no commitment to reducing CO2 emissions.

The Kyoto Protocol, which Australia signed in Bali in December 2007, set binding targets to reduce greenhouse gas emissions and is due to expire in 2012. Even though greenhouse gases, which include carbon dioxide, have always been part of our environment, many of the world’s leading scientists believe that increases in carbon dioxide emissions are causing our planet to warm and leading to changes in the world’s climate.

Although China is the world’s biggest emitter of greenhouse gases – followed by the United States and the European Union – Australia’s greenhouse emissions are very high (currently ranked number 19 by the Carbon Dioxide Information Analysis Centre). However, when compared to other countries on a per capita basis, Australia is the world’s largest emitter of greenhouse gases.

In the months before the United Nations Climate Change Conference, many of the world’s countries outlined the actions they would take if an agreement at Copenhagen was achieved. In a joint media release by Prime Minister Kevin Rudd, Treasurer Wayne Swan and Minister for Climate Change and Water Penny Wong, on 4 May 2009, the Australian Government proposed:

  • to cut carbon emissions by 25% below 2000 levels by 2020 if the world agrees to an ambitious global deal to stabilise levels of CO2 to 450 parts per million (ppm) or lower
  • to cut carbon emissions by 15% below 2000 levels by 2020 if there is an agreement where major developing economies commit to substantially restrain emissions and advanced economies take on commitments comparable to Australia to cut carbon emissions by 5% below 2000 levels by 2020 unconditionally.

Click here for Press release

The Copenhagen Accord is a global agreement that the world’s nations will ‘take notice of’, however it is not a legally binding agreement. Countries, such as Australia, will continue to debate and negotiate the actions that they will take. The Copenhagen Accord asks nations to submit emissions targets by 31 January 2010. These targets are designed to create opportunities for open dialogue between nations when further climate change discussions occur at the next United Nations Climate Change Conference in Mexico City in November 2010.

The Copenhagen Accord, which was drafted by the United States, China, India, Brazil and South Africa, outlined the following:

  • a goal to limit global warming to 2° Celsius of pre-industrial times
  • an agreement that developed economies would raise $30 billion from 2010–12 – building to $100 billion per year by 2020 – to support developing economies, including small island states and the countries of Africa, to combat global warming, constrain their greenhouse emissions and source renewable energy. The World Bank estimates that more than $100 billion is needed to help said nations annually.

The Accord did not:

  • set nations’ carbon emission targets
  • identify a year for which emissions should peak and then decline
  • outline the amount of financial support each developed nation would contribute or the amount of financial support each developing nation would receive.

The final outcomes of the United Nations Climate Change Conference, Copenhagen 2009 can be viewed by clicking here.

The effects of climate change

Research by the Intergovernmental Panel on Climate Change suggests that by the end of this century the Earth’s temperature may rise by 1.0°C–6.4°C causing the polar ice caps to melt. If the ice caps melt, it is possible that sea levels could rise by 18cm–59cm. The predicted rise would increase the effects of coastal erosion as well as cause severe weather events such as droughts.

Clearing forests through burning has two effects. Firstly, the release of carbon dioxide into the atmosphere may further increase temperatures. Secondly, there are fewer trees to absorb the carbon dioxide that has been released. With no vegetation to hold the soil in place, the land is prone to erosion and desertification.

Warmer weather results in an increase in the amount of water evaporating from the world’s oceans, lakes and rivers which can lead to sustained periods of drought –as has been experienced in much of Australia since the mid-1990s. The increased amount of water vapour in the atmosphere has then resulted in severe flooding in various locations around the globe such as the Indian floods (2008), African floods (2007) and European floods (2005).

People living in mountainous areas that are dependent upon ice melt as their primary source of fresh drinking water will also be affected by global warming. Less ice and snow, and therefore less drinking water, will have a devastating effect on up to one billion people.

Green TV’s video clip, Our Planet in Transition: From Pole to Pole, provides a visual summary of contemporary events that clearly illustrate the effect climate change is having on the planet.

Copenhagen Climate Change Conference resources

Climate Change resources (General)

Teaching and learning resources

 



From Little Things Big Things Grow

Please note: The website and exhibition contain references to Aboriginal and Torres Strait Islander people who have passed away. This may cause sadness or distress to some Indigenous peoples.

From Little Things Big Things Grow: Fighting for Indigenous Rights’ is an exhibition that follows the fight for Indigenous civil rights in Australia from 1920 to 1970. It tells the story of Indigenous and non-Indigenous Australians’ struggles and achievements in fighting racism and discrimination. The exhibition explores key events such as the 1938 Day of Mourning and Protest, 1965 Freedom Rides and 1967 Referendum. It also contains a number of objects that have never been exhibited before such as the Yirrkala bark petition and a 1940s Australian Aborigines League protest banner.

The exhibition can also be seen at a number of locations as it travels around Australia until May 2012. Click here to view the travelling details.
 



Behind the Lines: The Year's Best Cartoons 2009

Behind the Lines: The Year's Best Cartoons 2009’ an exhibition of the year’s best political cartoons from around the country is on show at the National Museum of Australia in Canberra, as well as online. Cartoons and accompanying text focus on a number of themes and events from the year including the Black Saturday bushfires, the global financial crisis, Australia-China relations, carbon trading and the twists and turns of domestic politics.



Getting it Together: From Colonies to Federation

Getting it Together_The National Story

This free, downloadable resource supports teachers in middle years classrooms (Years 5 to 8) with an inquiry-based approach to each state’s unique journey to Federation. The seven packages (one for each state and a national package that brings the six colonial stories together) contain engaging tasks for students and use historical sources such as newspaper extracts, cartoons, speeches and biographies. Each package is divided into three themes:

  • People and Places: An exploration of the way of life in each colony prior to Federation
  • Road to Federation: An examination of the political issues debated by colonial parliaments in deciding whether or not to join in Federation
  • Celebrations and Futures: A showcase of the ways Federation was celebrated in each state in 1901 and its continuing importance today.

For more information visit the Museum of Australian Democracy.



Promoting Effective Practice in Civics and Citizenship Education: A guide to Civics and Citizenship Education for Pre-Service Teachers

Effective_Practice_in_Civics__Citizenship_cover

Promoting Effective Practice in Civics and Citizenship Education: A Guide to Civics and Citizenship Education for Pre-Service Teachers is a program that supports pre-service teachers to develop their understanding of the scope and importance of civics and citizenship education in schools. It includes introductory information, discussion-starters, questions and activities that assist pre-service teachers in the exploration of effective teaching and learning in civics and citizenship education. The guide also makes links to other key initiatives on the education agenda such as history, sustainability, Indigenous education, global education and Studies of Asia.