© Commonwealth of
Australia 2016
ISSN 2204-6356 (Print)
ISSN 2204-6364 (Online)
PO Box 6100
Parliament
House
Canberra ACT
2600
Phone: 02
6277 3823
Fax: 02 6277
5767
Email: human.rights@aph.gov.au
Website: http://www.aph.gov.au/joint_humanrights/
This
document was prepared by the Parliamentary Joint Committee on Human Rights and
printed by the Senate Printing Unit, Department of the Senate, Parliament
House, Canberra.
Membership of the committee
Members |
|
The Hon Philip Ruddock MP, Chair |
Berowra, New South Wales, LP |
Mr Laurie Ferguson MP, Deputy Chair |
Werriwa, New South Wales, ALP |
Senator Carol Brown |
Tasmania, ALP |
Dr David Gillespie MP |
Lyne, New South Wales, NAT |
Ms Cathy McGowan AO MP |
Indi, Victoria, IND |
Senator Nick McKim |
Tasmania, AG |
Senator Claire Moore |
Queensland, ALP |
Senator Dean Smith |
Western Australia, LP |
Mr Michael Sukkar MP |
Deakin, Victoria, LP |
Secretariat
Mr Ivan Powell, Committee Secretary
Ms Anita Coles, Principal Research Officer
Mr Matthew Corrigan, Principal Research Officer
Ms Zoe Hutchinson, Principal Research Officer
Mr Harry Hobbs, Acting Principal Research Officer
Ms Jessica Strout, Acting Principal Research
Officer
Ms Eloise Menzies, Senior Research Officer
Ms Alice Petrie, Acting Legislative Research
Officer
External legal adviser
Dr Aruna Sathanapally
Functions of the committee
The committee has the
following functions under the Human Rights (Parliamentary Scrutiny) Act 2011:
-
to examine bills for Acts, and legislative instruments, that come
before either House of the Parliament for compatibility with human rights, and
to report to both Houses of the Parliament on that issue;
-
to examine Acts for compatibility with human rights, and to
report to both Houses of the Parliament on that issue; and
-
to inquire into any matter relating to human rights which is
referred to it by the Attorney-General, and to report to both Houses of the
Parliament on that matter.
Human rights are
defined in the Human Rights (Parliamentary Scrutiny) Act 2011 as those
contained in following seven human rights treaties to which Australia is a
party:
-
International Covenant on Civil and Political Rights (ICCPR);
-
International Covenant on Economic, Social and Cultural Rights
(ICESCR);
-
International Convention on the Elimination of All Forms of
Racial Discrimination (ICERD);
-
Convention on the Elimination of Discrimination against Women
(CEDAW);
-
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT);
-
Convention on the Rights of the Child (CRC); and
-
Convention on the Rights of Persons with Disabilities (CRPD).
The establishment of the committee builds on the Parliament's
established traditions of legislative scrutiny. Accordingly, the committee
undertakes its scrutiny function as a technical inquiry relating to Australia's
international human rights obligations. The committee does not consider the
broader policy merits of legislation.
The committee's purpose is to enhance understanding of and
respect for human rights in Australia and to ensure appropriate recognition of
human rights issues in legislative and policy development.
The committee's engagement with proponents of legislation
emphasises the importance of maintaining an effective dialogue that contributes
to this broader respect for and recognition of human rights in Australia.
Committee's analytical framework
Australia has voluntarily accepted
obligations under the seven core United Nations (UN) human rights treaties. It
is a general principle of international human rights law that the rights
protected by the human rights treaties are to be interpreted generously and
limitations narrowly. Accordingly, the primary focus of the committee's reports
is determining whether any identified limitation of a human right is
justifiable.
International human rights law
recognises that reasonable limits may be placed on most rights and freedoms—there
are very few absolute rights which can never be legitimately limited.[1]
All other rights may be limited as long as the limitation meets certain
standards. In general, any measure that limits a human right must comply with
the following criteria (the limitation criteria):
-
be prescribed by law;
-
be in pursuit of a legitimate objective;
-
be rationally connected to its stated objective; and
-
be a proportionate way to achieve that objective.
Where a bill or instrument limits a
human right, the committee requires that the statement of compatibility provide
a detailed and evidence-based assessment of the measures against these limitation
criteria.
More information on the limitation
criteria and the committee's approach to its scrutiny of legislation task is
set out in Guidance Note 1, which is included in this report at Appendix 2.
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