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 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
Aboriginal children jailed in adult prison: Human Rights Act in action
Bendigo mosque and freedom of religion: Human Rights Act in action
Will Ingram and the right to equality: Human Rights Act in action
Queensland and the right to housing: Human Rights Act in action
The right to education for children seeking asylum: Human Rights Act in action
Victorian pandemic laws: Charter of rights in action
101 Cases
Charters of Human Rights Make Our Lives Better.
Here are 101 cases showing how
Case 13: Supreme Court sets aside directions limiting the times a daughter can visit her mother
Mariem Omari, a mother with a cognitive disability was under a guardianship order. Her sons were her guardians.
Case 17: Freedom of movement for people with a disability
The parents of a man with a disability complained that their son had been deliberately frightened and provoked by his carers.
Case 36: Coercive questioning by police breaches freedom of movement and right to privacy
Mr Kaba, a black man, was a passenger in a vehicle that was subject to a random stop and search by the police.
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 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 88: Police express regret about asking traditional custodians to move on while exercising their cultural rights
Adrian Burragubba, a leader of the Wangan and Jagalingou people, and his family were camping, practicing their culture and performing traditional ceremonies on a pastoral lease area.
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.
Case 97: Refusal to issue driver licence overturned
A woman living in Wodonga in Victoria needed to travel across the Murray River to Albury in NSW for medical treatment.
Case 98: Freedom of movement and liberty considered in delay of release of individual quarantining after COVID-19 positive test
A man was required to isolate after testing positive for COVID-19.
Case 99: Transparency and accountability around the introduction of a curfew
Michelle Loielo owned a restaurant in the Mornington Peninsula, part of Greater Melbourne.
Case 101: Quarantine exemption for woman picking up assistance dog
A woman planned to visit Queensland from interstate to pick up her assistance dog, with her mother and her carer, during a period of COVID-19 border restrictions.