Footnotes

[1]        Absolute rights are: the right not to be subjected to torture, cruel, inhuman or degrading treatment; the right not to be subjected to slavery; the right not to be imprisoned for inability to fulfil a contract; the right not to be subject to retrospective criminal laws; the right to recognition as a person before the law.

Chapter 1 - New and continuing matters

[1]        See Parliamentary Joint Committee on Human Rights, Twenty-second Report of the 44^th Parliament (13 May 2015) 66-71.

[2]        See Parliament of Australia website, 'Journals of the Senate', http://www.aph.gov.au/Parliamentary_Business/Chamber_documents/Senate_chamber_documents/Journals_of_the_Senate.

[3]        This bill makes technical and mechanical changes to the Migration Act 1958 which have the effect of expanding the operation of provisions considered by the committee in Schedule 2 of the Migration and Maritime Powers Amendment Bill (No. 1) 2015. See Parliamentary Joint Committee on Human Rights, Thirty-fourth Report of the 44^th Parliament (23 February 2016) 29‑65.

[4]        See Parliamentary Joint Committee on Human Rights, Thirty-fourth Report of the 44^th Parliament (23 February 2016) 4.

[5]        See Parliamentary Joint Committee on Human Rights, Thirty-fourth Report of the 44^th Parliament (23 February 2016) 3.

[6]        See Parliamentary Joint Committee on Human Rights, Twenty-fourth Report of the 44^th Parliament (23 June 2015) 2.

[7]        See Parliamentary Joint Committee on Human Rights, Twenty-first Report of the 44^th Parliament (24 March 2015); Parliamentary Joint Committee on Human Rights, Twenty‑third Report of the 44^th Parliament (18 June 2015); and Parliamentary Joint Committee on Human Rights, Thirty-fourth Report of the 44^th Parliament (23 February 2016) 3-4.

[8]        The prohibited grounds are race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Under 'other status' the following have been held to qualify as prohibited grounds: age, nationality, marital status, disability, place of residence within a country and sexual orientation.

[9]        UN Human Rights Committee, General Comment 18, Non-discrimination (1989).

[10]        Althammer v Austria HRC 998/01, [10.2].

[11]        Parliamentary Joint Committee on Human Rights, Twenty-seventh Report of the 44th Parliament (8 September 2015) 4-7.

[12]        See section 3 of the Environment Protection and Biodiversity Conservation Act 1999.

[13]        See, e.g., Concluding Observations of the Committee on Economic, Social and Cultural Rights: Uzbekistan (24 January 2006) U.N. Doc. E/C.12/UZB/CO/1, paragraph [9] ('the effects of the Aral Sea ecological catastrophe in the State party have posed obstacles to the enjoyment of economic, social and cultural rights by the population in the State party').

[14]        See Office of the United Nations High Commissioner for Human Rights, Mapping Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment, Individual Report on the International Covenant on Economic, Social and Cultural Rights, Report No. 1 (December 2013) 17.

[15]        Statement of the Committee on Economic, Social and Cultural Rights to the Commission on Sustainable Development as the Preparatory Committee for the World Summit on Sustainable Development (Bali, Indonesia, 27 May-7 June 2002) (30 April 2003) U.N. Doc. E/C.12/2002/13, Annex VI, paragraph 3.

[16]        See Appendix 1, Letter from the Hon Greg Hunt MP, Minister for the Environment, to the Hon Philip Ruddock MP (received 10 February 2016) 3-4.

[17]        Statement of the Committee on Economic, Social and Cultural Rights to the Commission on Sustainable Development as the Preparatory Committee for the World Summit on Sustainable Development (Bali, Indonesia, 27 May-7 June 2002), 30 April 2003, U.N. Doc. E/C.12/2002/13, Annex VI, paragraph 3.

Chapter 2 - Concluded matters

[1]        Parliamentary Joint Committee on Human Rights, Thirty-third Report of the 44th Parliament (2 February 2016) 4-6.

[2]        See items 17 and 33 of Schedule 1 to the bill, proposed new subsections 90K(2A) and 90UM(4A).

[3]        See Family Law Act 1975 (FLA), Part VII, Subdivision BA.

[4]        Article 3(1).

[5]        FLA, section 60CA.

[6]        See Appendix 1, Letter from Senator the Hon George Brandis, Attorney-General, to the Hon Philip Ruddock MP (received 16 February 2016) 1-2.

[7]        Women's Legal Service Queensland, Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Family Law Amendment (Financial Agreements and Other Measures) Bill 2015, Submission 3, 2.

[8]        See Division 4C of Part 4-1 of Chapter 4 of the Telecommunications (Interception and Access) Act 1979.

[9]        See subparagraphs 180L(2)(b)(v) and 180T(2)(b)(v) of the Telecommunications (Interception and Access) Act 1979.

[10]        See Parliamentary Joint Committee on Human Rights, Fifteenth Report of the 44th Parliament (14 November 2014) 10-22; Parliamentary Joint Committee on Human Rights, Twentieth Report of the 44th Parliament (18 March 2015) 39-74; and Parliamentary Joint Committee on Human Rights, Thirtieth Report of the 44th Parliament (10 November 2015) 133-139.

[11]        Parliamentary Joint Committee on Human Rights, Thirty-second Report of the 44th Parliament (1 December 2015) 44-48.

[12]        Article 2 of the International Covenant on Civil and Political Rights (ICCPR).

[13]        Article 14, ICCPR.

[14]        Article 17, ICCPR.

[15]        Article 19, ICCPR.

[16]        See, for example: Klass and others v Federal Republic of Germany (1978) ECHR 5029/71; Kennedy v United Kingdom [2010] ECHR 26839/05.

[17]      See Appendix 1, Letter from the Hon Scott Morrison MP, Treasurer, to the Hon Philip Ruddock MP (received 16 February 2016) 1-5.