Briefing with Senator Penny Allman-Payne
On 10 May 2024, representatives of the Centre for Law and Social Justice (CLSJ) and Human Rights Law Centre (HRLC) briefed Senator Penny Allman-Payne on the Right to Education Report. The Report was produced by the CLSJ in collaboration with the HRLC as part of a broader campaign in support of a federal Human Rights Act for Australia.
As part of the briefing, Associate Professor Amy Maguire presented a summary of the Report, highlighting the real-world impacts human rights protections can deliver for individuals and communities, particularly more vulnerable cohorts in Australian society. Currently, Australia does not recognise an enforceable right to education in federal law – this is inconsistent with Australia’s obligations under international law and has consequences for vulnerable groups. Amy highlighted that current protections are not framed or expressed via a rights-based model, and this means that people in Australia lack capacity to assert their right to education in a legal context.
A rights-based approach could promote more inclusive practices in education and appropriately position children and young people as right holders who have agency in relation to their own education. Amy reported that without explicit protections, we are unlikely to see the widespread adoption of human rights principles in the education context.
Senator Penny Allman-Payne expressed her support for such protections and a national Human Rights Act. Coming from Queensland, the Senator is experienced with a jurisdiction that has human rights legislation that offers some protection for the right to education. She noted the necessity for the provision of adequate resources to ensure that human rights protections are adequately implemented across education systems.
Daney Faddoul, campaign manager at the HRLC, noted the powerful impact federal human rights law reform can have on the national conversation. A shift in human rights culture will promote adequate resourcing of genuine needs, including in the context of education for students with disability, Aboriginal and Torres Strait Islander students, and others who experience disparate outcomes in education. Daney reported that human rights frameworks are nurtured and built over time. A federal Human Rights Act can facilitate the realisation of human rights across Australia.
Senator Allman-Payne reported that the briefing was informative and helpful and that she would continue to consider how human rights discourse can help to identify resourcing needs. The CLSJ and HRLC will remain in contact with Senator Allman-Payne.
You can read the Right to Education Report here.
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