“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. 85

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