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The Civil Rights Act of 1964 is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The act "remains one of the most significant legislative achievements in American history".
The Racial Discrimination Act 1975(Cth) is an Act of the Australian Parliament, which was enacted on 11 June 1975 and passed by the Whitlam government. The Act makes racial discrimination in certain contexts unlawful in Australia, and also overrides state and territory legislation to the extent of any inconsistency.
The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but operating independently of, the Australian Government. It is responsible for investigating alleged infringements of Australia's anti-discrimination legislation in relation to federal agencies.
The Canadian Human Rights Act is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set of prohibited grounds.
Human rights in Australia have largely been developed by the democratically-elected Australian Parliament through laws in specific contexts and safeguarded by such institutions as the independent judiciary and the High Court, which implement common law, the Australian Constitution, and various other laws of Australia and its states and territories. Australia also has an independent statutory human rights body, the Australian Human Rights Commission, which investigates and conciliates complaints, and more generally promotes human rights through education, discussion and reporting.
Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Australia significantly advanced over the latter half of the 20th century and early 21st century, and are now ranked among the highest in the world. Opinion polls and the Australian Marriage Law Postal Survey indicate widespread popular support for same-sex marriage within the nation. A 2013 Pew Research poll found that 79% of Australians agreed that homosexuality should be accepted by society, making it the fifth-most supportive country surveyed in the world. With its long history of LGBT activism and annual Gay and Lesbian Mardi Gras festival, Sydney has been named one of the most gay-friendly cities in the world.
The Canadian Human Rights Commission (CHRC) was established in 1977 by the Government of Canada. It is empowered under the Canadian Human Rights Act to investigate and to try to settle complaints of discrimination in employment and in the provision of services within federal jurisdiction. The CHRC is also empowered under the Employment Equity Act to ensure that federally-regulated employers provide equal opportunities for four designated groups: women, Aboriginal people, the disabled, and visible minorities. The Commission helps enforce those human rights and inform the general public and employers of those rights.
Elizabeth Andreas Evatt, an eminent Australian reformist lawyer and jurist who sat on numerous national and international tribunals and commissions, was the first Chief Justice of the Family Court of Australia, the first female judge of an Australian federal court, and the first Australian to be elected to the United Nations Human Rights Committee.
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories". The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
Brandy v Human Rights and Equal Opportunity Commission (HREOC) was a case before the High Court of Australia determining that the HREOC could not validly exercise judicial power. The High Court maintained a firm position against attempts to confer judicial powers upon non-judicial bodies.
The Northern Territory National Emergency Response, also known as "The Intervention" or the Northern Territory Intervention, and sometimes the abbreviation "NTER" was a package of measures enforced by legislation affecting Indigenous Australians in the Northern Territory (NT) of Australia, which lasted from 2007 until 2012. The measures included restrictions on the consumption of alcohol and pornography, changes to welfare payments, and changes to the delivery and management of education, employment and health services in the Territory.
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.
Blasphemy is not a criminal offence under Australian federal law, but the de jure situation varies at state and territory level; it is currently not enforced in any Australian jurisdiction. The offences of blasphemy and blasphemous libel in English common law were carried over to the Australian colonies and "received" into state law following Federation in 1901. The common-law offences have been abolished totally in Queensland and Western Australia, when those jurisdictions adopted criminal codes that superseded the common law. In South Australia, Victoria, and the Northern Territory the situation is ambiguous, as the local criminal codes do not mention blasphemy but also did not specifically abolish the common-law offences. In New South Wales and Tasmania, the criminal codes do include an offence of blasphemy or blasphemous libel, but the relevant sections are not enforced and generally regarded as obsolete.
The hate speech laws in Australia give redress to someone who is the victim of discrimination, vilification, or injury on grounds that differ from one jurisdiction to another. All Australian jurisdictions give redress when a person is victimised on account of colour, ethnicity, national origin, or race. Some jurisdictions give redress when a person is victimised on account of colour, ethnic origin, religion, disability, gender identity, HIV/AIDS status or sexual orientation.
The Equal Opportunities Commission (EOC) is a public body in Hong Kong that enforces anti-discrimination laws and promotes equality. It was created in 1996 as the city's first semi-governmental body focused on anti-discrimination.
Freedom of religion in Australia is allowed in practice and protected to varying degrees through the constitution and legislation at the Federal, state and territory level. Australia is a pluralist country with legislated principle of state neutrality and with no state religion. The nation has over 13.5 million people who identify as religious and 7.1 million who identify as irreligious.
Substantive equality is a fundamental aspect of human rights law that is concerned with equitable outcomes and equal opportunities for disadvantaged and marginalized people and groups in society. Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private actors in addressing and preventing systemic discrimination.
References
- 1 2 3 4 "A quick guide to Australian discrimination laws". Australian Human Rights Commission. 11 February 2015. Retrieved 11 October 2018.
- ↑ "Constitutional issues". Essentially Yours: The Protection of Human Genetic Information in Australia (ALRC Report 96) » 09. Anti-Discrimination Law. Australian Law Reform Commission. 27 July 2010. Retrieved 11 October 2018.
- ↑ Federal discrimination law. Australian Human Rights Commission. 2016. ISBN 978-1-921449-80-2 . Retrieved 14 October 2018.