Call for case studies

Human Rights Act Annual Report

The Commission is required to report annually about the operation of the Human Rights Act and give the report to the Attorney-General to be tabled in Queensland Parliament.

An important focus of this annual report is an evaluation of the progress towards achieving the objects of the Act, including the extent to which the Act effectively protects and promotes human rights.

So we can evaluate and report on this progress in these annual reports, we seek case studies from legal and non-legal advocates, state government departments and agencies, local councils, and community sector public entities, illustrating how the Act has been used to advocate for human rights, either in individual cases or at a systemic level.

Why are case studies important?

While managing busy caseloads and the many other demands on your time, we understand that providing case studies may not feel like your top priority. However, case studies may be vital to ensure that human rights are afforded continued protection in Queensland in the long term.

In Victoria and the ACT, case studies became important evidence to support the retention of human rights legislation.

In addition, case studies can help highlight the creative solutions that might be available to solve complex problems.

While we are in a position to report on the conciliated outcomes achieved through the Commission’s complaint resolution process, we also know some matters settle well before the formal complaint stage. We will not be in a position to understand the extent to which direct advocacy or intervention at an early stage has been successful, unless we hear from those working in this space. We will also not necessarily become aware of matters being argued in courts or tribunals, especially in some jurisdictions where there are rarely published decisions.

What makes a good case study?

Case studies that are most effective briefly set out the issues, explain the outcome, and where possible link the outcome to the Human Rights Act 2019.

Here is a possible framework to use:

1. Problem

What is the context? E.g. Access to justice, fairness, privacy issue?

And/or situate as part of bigger social problem e.g. homelessness, domestic violence?

2. Solution

Actions taken by advocates? How was the Human Rights Act used to support actions taken by advocates?

3. Result

Changes or improvement made as a result of actions taken.

(Adapted from communitylegalimpact.org.)

Examples of case studies can be found in previous annual reports, in particular in the sections regarding the public sector, and complaints and enquiries.

Further examples can be found in 2012's Human Rights Law Centre report containing 101 case studies from the first 5 years of the Charter in Victoria. A number of examples from the report follow:

Young girl protected from having to testify against offender

Fitzroy Legal Service (FLS) has protected a young girl from having to testify against her alleged perpetrators in a criminal trial. The young girl and her family believed that testifying and being cross examined would cause her serious harm. FLS advocated in favour of her choice not to testify and was successful in doing so. They achieved this by raising section 17 of the Charter, which enshrines the protection of families and children. They argued that protection of her rights as a child and protection of the family should be given due regard when determining whether or not the young girl would be required to provide witness testimony. The Tribunal agreed that she should not testify and consequently provided her with financial assistance in recognition of the trauma suffered by her.

Source: Fitzroy Legal Service: Submission for Review of the Victorian Charter of Human Rights and Responsibilities Act 2006.

Woman afforded appropriate disability services thanks to Charter

A woman living with dual disability was ineligible for assistance in accessing services because neither of her disabilities when considered separately met the requirements of the relevant government departments. The woman sought to be moved into more appropriate living conditions as she had been robbed and sexually assaulted in the special residential services in which she lived. The advocate for her case wrote to the relevant government departments raising various issues of breach of the Charter, these being recognition and equality before the law, protection from inhuman and degrading treatment, right to liberty and security of persons. The Charter enabled the advocate to frame the woman’s issues with regard to her rights and communicate these in a more effective way with the departments. As a result, she was appointed a case worker, will soon be moved into appropriate housing and receives 15 hours per week of one-to-one support.

Source: Leadership Plus: Submission for Review of the Victorian Charter of Human Rights and Responsibilities Act 2006.

Mother free to care for her daughter

A single mother living with cerebral palsy was at risk of having her daughter taken from her by Child Protection. She needed to demonstrate that with the appropriate assistance she would be competent, both emotionally and physically, to care for her daughter. The advocate in this case used the Charter principles to communicate the woman’s rights to Child Protection through mediation in the Children’s Court. These rights included recognition and equality before the law and protection of families and children. Consequently, the woman was able to demonstrate her capability of mothering her child and Child Protection are no longer involved.

Source: Leadership Plus: Submission for Review of the Victorian Charter of Human Rights and Responsibilities Act 2006.

Man removed from prison to more appropriate accommodation

Following the decision to hold a man with intellectual disability in 23-hour prison lock up, his guardian argued that alternative accommodation should be found for him. There was evidence to suggest that he had been heavily medicated in prison, had not received appropriate services and as a consequence, his state had deteriorated radically. The guardian raised the Charter in arguing that he should be moved to more appropriate accommodation, citing the right to freedom of movement and recognition and equality before the law. The resulting decision led to the man being granted a community supervision order and moved into a 24-hour care at a residential unit.

Source: Office of the Public Advocate: Submission for Review of the Victorian Charter of Human Rights and Responsibilities Act 2006.

How can I report in an ethical way?

Privacy is a fundamental human right. Case studies will always be de-identified to protect the dignity and privacy of individuals.

While privacy is not negotiable, the authenticity of the case study is important too. We ask that as much as possible, you do not change things like a person’s age, gender, religion or other essential characteristics. Sometimes it is possible to be intentionally non-specific about other aspects, such as the location and name of the public entity in a way that does not compromise the truth and accuracy of the story. E.g. you could say that you advocated on behalf of a person living in ‘social housing’ rather than saying it was a Department of Housing and Public Works property, or you could say it occurred ‘in a regional area’ rather than specifying it happened in Cairns.

In addition to privacy, another consideration is self-determination and client participation. Your client owns their own story, and as much as possible should be given an opportunity to provide informed consent, even where the story will be de-identified.

If your client at any time wishes to withdraw their consent, the Commission will remove the case study from the report and/or website immediately at your request.

Further resources about ethics and case studies:

If you feel ethically compromised about reporting on an individual’s case, you could alternatively choose to report in a more general way about a number of clients with similar cases, or even about the systemic advocacy you have been engaging in, for example:

Women’s health organisation believe that Charter makes all the difference

A female family violence worker at Women’s Health West has stated that the Charter had a prominent impact in not only the way in which human rights issues are framed and tackled but also the practical realisation of these rights across various sectors.

The family violence worker stated:

“We frequently refer to the Charter to educate clients about their rights and responsibilities, such as the right to live free from violence the right to be safe. Often women are surprised to hear this and respond that this is the first time they’ve had their experiences framed in this way. At times, workers will refer back to legislative changes that reflect these rights, such as police power to temporarily remove suspected perpetrators of family violence from the house, issue safety notices and apply for intervention orders on behalf of the affected family member and the requirement to make relevant referrals to regional FV services, men’s referral services and the DHS. So the rights are backed up by actions that actually make a difference.”

Source: Western Region Health Centre and Women’s Health West: Submission for Review of the Victorian Charter of Human Rights and Responsibilities Act 2006.

Bail applications based on Charter rights

Fitzroy Legal Service (FLS) frequently raises Charter rights for bail applications. The particular right in question is that of the presumption of innocence, which is enshrined in the Charter through the procedural fairness provisions. FLS raise this right within the bail application context to ensure that the presumption that bail will be granted, not denied, is preserved and have been very successful in doing so.

Source: Fitzroy Legal Service: Submission for Review of the Victorian Charter of Human Rights and Responsibilities Act 2006.

Charter used to prevent criminalisation of sleeping in cars

The Homeless Persons Legal Clinic (HPLC) recently drew upon the Charter in their advocacy campaign against the criminalisation of sleeping in cars. The Shire of Yarra Ranges proposed to pass a law, which prohibited persons sleeping in cars with the desired effect of preventing back packers who were using parks without paying a fee. However, the consequence of such law would be to penalise homeless persons sleeping in their cars due to the lack of available appropriate accommodation. The HPLC based the advocacy campaign against the proposed law on the fact that it was incompatible with the rights encompassed in the Charter, namely freedom of movement, right to life and right to security and liberty. The campaign was successful, with the resulting arrangement to be a redrafting of the law and development of implementation guidelines. This process was conducted in conjunction with HPLC and local community service providers. Specifically, the aim of the redrafting was to ensure that persons experiencing homelessness would not be penalised and this was further given effect by including an obligation upon officers suspecting a person to be homeless to contact a support agency.

Source: Homeless Persons Legal Clinic: Submission for Review of the Victorian Charter of Human Rights and Responsibilities Act 2006.

Tips for providing case studies

Use what you are already have – your case study does not have to be original. If you are already creating a case study for your own publications (such as annual reports) or other projects, you could share these with the Commission as well with your client’s consent.

Give an approximate date for the case study (month and year sufficient).

Identify when in the life of a matter it is appropriate to provide the case study and by who: e.g., when work has been completed, when the file is administratively closed etc, provide a central contact for the Commission.

Statistics on how many times Human Rights Act 2019 has been raised, identifying trends, or reporting on systemic work can also be helpful.

Talk to the Commission: we can ask for the information we need and generate the case study wording for your approval.

How do I provide a case study?

Contact Heather Corkhill, Senior Policy Officer on 3021 9115 or heather.corkhill@qhrc.qld.gov.au. Heather can even take the details from you in a quick phone call, write it up for you, and then seek your approval of the wording prior to publication. Don’t feel that you have to write up a long and detailed case study. In fact, short and to the point is what we prefer and we can always contact you to seek clarification of details if necessary.