“Moz” Azimitabar, challenging the legality of
his 14-month-long detention in hotels, that it
was lawful for the government to detain
asylum seekers in “alternative places of
detention” but it lacked humanity.
In November, a landmark High Court
decision found indefinite immigration
detention was unlawful and unconstitutional
in cases where there is no real prospect of
detainees being removed from Australia,
leading to the release of at least 148 people.3
The government immediately passed
emergency legislation imposing curfews on
and requiring those released to wear tracking
devices. In December, another law was
passed enabling the Government to re-detain
those released if they pose any risk of
committing serious offences. Seven of those
released were re-arrested.
The government maintained the policy of
turning back boats carrying asylum seekers,
or processing offshore those who arrive
without a valid visa. In September, border
forces transferred 11 asylum seekers to
immigration detention centres in Nauru
under these policies, marking the first such
transfer in nine years.
FREEDOM OF ASSEMBLY
On 18 May, South Australia adopted a law
providing for a three-month prison sentence
or a fine of AUD 50,000 (approximately USD
31,000) for “intentionally or recklessly”
obstructing a public place. Anti-protest laws
were used in several states against peaceful
climate protesters and those protesting in
support of Palestinian rights.
RIGHT TO A HEALTHY ENVIRONMENT
The federal government strengthened the
Safeguard Mechanism to limit emissions from
Australia’s largest industrial polluters. In
November, a treaty was signed with Tuvalu
that includes provisions for migration
pathways for those threatened by climate
change and financial support for Tuvalu’s
climate adaptation plans. However, the
government continued to approve new fossil
fuel projects.
The State of the World’s Human Rights
1. “Australia: Heartbreaking result as Voice referendum ‘No’ votes
prevail”, 14 October
2. “Australia: Safer future for Tasmanian children as age of criminal
responsibility raised to 14 without exception”, 6 December
3. “Australia: Amnesty International welcomes high court ruling of
indefinite detention as unlawful and unconstitutional”, 9 November
AUSTRIA
Republic of Austria
Social security provisions remained
insufficient. Access to safe and affordable
abortion was limited. Unaccompanied
children seeking international protection
remained inadequately protected.
Parliament approved the establishment of a
police oversight body, amid concerns
regarding its independence. Police
prevented journalists from observing and
reporting protests. Police accountability for
unlawful use of force remained inadequate.
Climate action was insufficient to meet
Austria’s targets.
RIGHT TO SOCIAL SECURITY
In June, the government presented measures
to alleviate the cost-of-living crisis, including
providing increased support to families
experiencing poverty and/or beneficiaries of
social assistance. However, despite ongoing
calls by civil society to adopt a new Basic Act
on Social Assistance compliant with human
rights law and standards, no structural
legislative changes were adopted to
sufficiently fulfil the right to an adequate
standard of living for beneficiaries.1 In March,
the Constitutional Court declared a provision
of the Viennese means-tested benefits
unconstitutional as it contradicted the current
Basic Act on Social Assistance.
RIGHT TO HOUSING
Despite calls by NGOs, the government failed
to adopt a national housing strategy. Although
the city of Vienna expanded the capacity of
emergency shelters, availability remained
insufficient to meet needs.
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