Activities per year
Abstract
In Australia, anti-discrimination law is enforced by individuals who
lodge a discrimination complaint at a statutory equality commission. The
equality commission is responsible for handling complaints and attempting
to resolve them. In most instances, the equality commission cannot advise
or assist the complainant; it must remain neutral. In other countries, the
equality commission plays a role in enforcement, principally by providing
complainants with assistance to resolve their complaint including funding
litigation. The equality commission’s assistance function has been most
effective when used strategically as part of a broader enforcement
program, rather than on an ad hoc basis. This article discusses equality
commission enforcement in the United States of America, Britain,
Northern Ireland and Ireland and shows how the equality commissions in
those countries have engaged in strategic enforcement in order to develop
the law and secure remedies which benefit the wider community, not only
the individual complainant. Based on their experience, it is argued that
the Australian equality commissions should play a role in enforcement so
that they can tackle discrimination more effectively.
lodge a discrimination complaint at a statutory equality commission. The
equality commission is responsible for handling complaints and attempting
to resolve them. In most instances, the equality commission cannot advise
or assist the complainant; it must remain neutral. In other countries, the
equality commission plays a role in enforcement, principally by providing
complainants with assistance to resolve their complaint including funding
litigation. The equality commission’s assistance function has been most
effective when used strategically as part of a broader enforcement
program, rather than on an ad hoc basis. This article discusses equality
commission enforcement in the United States of America, Britain,
Northern Ireland and Ireland and shows how the equality commissions in
those countries have engaged in strategic enforcement in order to develop
the law and secure remedies which benefit the wider community, not only
the individual complainant. Based on their experience, it is argued that
the Australian equality commissions should play a role in enforcement so
that they can tackle discrimination more effectively.
Original language | English |
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Pages (from-to) | 103-137 |
Number of pages | 35 |
Journal | Monash University Law Review |
Volume | 36 |
Issue number | 3 |
Publication status | Published - 2010 |
Externally published | Yes |
Keywords
- discrimination
- equality
- human rights commission
- enforcement
- Australia
- United Kingdom
- Ireland
- United State of America
Activities
- 1 Contribution to conference
-
Future of Australia’s Anti-Discrimination Law
Dominique Allen (Invited speaker)
2007Activity: Participating in or organising an event types › Contribution to conference