Program
DAY ONE -16th June 2008
Human rights and the rule of law
08:30 Opening remarks from the Chair
Linda Rubinstein, Director, Pro Bono, Holding Redlich Lawyers
08:40 Keynote Opening Address
- Addressing human rights concerns and fostering greater understanding and protection of these rights in Australia
Graeme Innes AM, Human Rights Commissioner and Commissioner Responsible for Disability Discrimination, Human Rights and Equal Opportunity Commission
09:20 The Victorian Charter: fostering administrative and judicial review in human rights
- The Victorian Charter of Human Rights and Responsibilities – what is it and how does it work?
- Prioritising human rights when making laws and developing policies
- Assessing the ability of State and local governments in complying with the Charter
Fiona Smith, Chairperson, Victorian Equal Opportunity and Human Rights Commission
10:00 Morning Tea
10:20 Keynote Address
- Equal employment opportunity and industrial relations
Australian Government Representative
11:00 The boundaries between individual rights and legislation
- The Australian parliament and the protection of human rights – where to now?
- Establishing a legislative culture of human rights
Simon Evans, Associate Professor, Deputy Dean of the Faculty of Law, Melbourne Law School
Discrimination I
11:40 Keynote Address
Addressing discrimination in the workplace
- Challenging the social, economic and legislative issues affecting discrimination in the workplace
Stepan Kerkyasharian AM, President, The Anti-Discrimination Board of NSW
12:20 Lunch
13:20 Evidence and proof in anti-discrimination law cases
- What does a study of tribunal decisions tell us about why complaints fail?
- What is the 'Briginshaw' standard, and should it be used in anti-discrimination cases?
- Is there an argument for shifting the burden of proof in anti-discrimination cases?
Simon Rice OAM, Director of Law Reform and Social Justice, ANU College of Law; Judicial Member, NSW Administrative Decisions Tribunal, Equal Opportunity Division
14:00 Case study: human rights and equal opportunity? The practice of 457
- Working conditions of migrant workers under the 457 legislation
- Creating a system of second class workers
Michelle Bissett, Industrial Officer, Australian Council of Trade Unions
14:40 Fostering fundamental principles of human rights in the workplace – EEO and discrimination
- Upholding human rights commitments through equal employment opportunity
- Fostering codes of conduct which uphold and promote employees’ rights
- Promoting international labour rights in the local community
- Encouraging a culture of diversity and engagement in the workplace
Anne Shew, Training & Development Manager, Traditional Credit Union
15:20 Afternoon Tea
The rights of Indigenous Australians
15:40 Government obligations of conduct towards Aboriginal primary health care
- Is Australia meeting its obligations to Aboriginal peoples regarding their right to the highest attainable standard of health as indicated by the ICESCR?
- Access to primary health care and government spending
- Solutions to the Indigenous Health Crisis and the importance of primary health care – Close the Gap campaign
Dr. Sophie Couzos, Public Health Officer, National Aboriginal Community Controlled Health Organisation
Dea Thiele, Chief Executive Officer, National Aboriginal Community Controlled Health Organisation
16:20 The Apology: discriminatory aspects of Intervention and Howard’s proposal for a preamble - the insecurity of Indigenous peoples rights in Australia
- The first step took eleven years – where to now - reviving the constitutional recognition of Australia’s Indigenous communities
- Picking up the pieces – the anticipated discourse between public policy and Indigenous rights
- How the Intervention is changing the lives of Aboriginal Australians
Megan Davis, Director, Indigenous Law Centre
Open floor discussion
17:00 Indigenous Rights
Interactive discussion with participation from the speakers and audience; focusing on:
- Mandatory sentencing • Intervention Policy • Stolen Generation and Compensation
Discussion Led by: Michael Jackson Q.C., Director, Lawyers Rights Watch Canada and Member of Law Society of British Columbia, Professor of Law, University of British Columbia, Vancouver BC
17:40 Close of Day One
18:00 Networking Drinks
DAY TWO - 17th June 2008
Human rights and social justice
08:50 Opening remarks from the Chair
Linda Rubinstein, Director, Pro Bono, Holding Redlich Lawyers
09:00 Day Two Keynote Opening Address
Current conflicts and future directions: a human rights charter for Australia? When and how?
Susan Ryan AO, Former Senator, Hawke Government Cabinet
09:40 International Keynote Address
The struggle for global justice
Justice Geoffrey Robertson QC, Doughty Street Chambers, London, United
Kingdom (subject to availability)
10:30 Morning Tea
Discrimination II
10:50The role of human rights charters in addressing disadvantage and empowering the poor
Phil Lynch, Director, Human Rights Law Resource Centre
11:30 Tell me I’m here
Anne Deveson AO, Patron, SANE Australia and Author Tell Me I’m Here
12:10 An absence of human rights: children in immigration detention
Dr Sev Ozdowski OAM, Associate Professor, Centre of Peace and Conflict Studies; Director, Equity and Diversity, University of Western Sydney; former Federal Human Rights Commissioner and Acting Disability Discrimination Commissioner, Human Rights and Equal Opportunity Commission
12:50 Lunch
Criminal Process and National security
13:50 International Keynote Address
Risking rights, freedoms and independence: advocating the advocates
- Promoting human rights by protecting the rights, freedoms and independence of those who defend them
- Legal analyses of national and international laws and standards relevant to human rights abuses against lawyers and other human rights defenders
- Methods used to silence, intimidate or punish advocates
- The constitutional and legislative amendments necessary for conformity with international human rights standards relevant to the independence of lawyers and judges, the integrity of the legal systems and fair trial rights
Michael Jackson Q.C., Director, Lawyers Rights Watch Canada and Member of Law Society of British Columbia, Professor of Law, University of British Columbia, Vancouver BC
14:40 Guilt by association: the death of common sense in law enforcement
- Are we replacing legal evidence and human rights with a ‘witch hunt’?
- Political expediency and its inspired fear
Stephen Keim, Barrister-at-Law, Higgins Chambers; and Council Member, Queensland University of Technology
15:20 Racial profiling, the 'War on Terror' and the role of new technologies
- Racial profiling and discrimination in the context of the ‘war on terror’
- Counter-terror laws and the increasing deployment of new and emergent technologies of surveillance
Dr. Joseph Pugliese, Associate Professor, Department of Critical and Cultural Studies, Macquarie University
16:00 Afternoon Tea
16:20 The loss of compassion and the case of Hassan
- Permanent Protection Visa and the refugee application process
- The Migration Act and Australia’s obligations under the International Covenant on Civil and Political Rights
- The role of UNHCR in assisting his application for refugee status
Peter Henley, Senior Associate, Mallesons Stephen Jacques; Coordinator, Melbourne Human Rights Law Group
Campaigning for Human Rights
17:00 Economic, cultural and social rights: Amnesty International Australia's Dignity Campaign and what it means for law and policy
Dr Russell Solomon, Victorian Vice-President, Amnesty International Australia
Sarah Marland, Campaign Coordinator, Amnesty International Australia
17:30 The role of the community in achieving human rights outcomes
- The power of people in bringing change
- The advent of new technology and its influence on community action
- The possibilities for human rights campaigning in the 21st Century
Brett Solomon, Executive Director, GetUp! Action for Australia
18:00 Close of Day Two