AUSTRALIAN YOUNG CHRISTIAN WORKERS
Christopher Kane
Representative Action Officer
25 Union St
Granville NSW
Telephone: 02 8677 3690
YOUNG CHRISTIAN WORKERS Mobile: 0412 294 484
Email:
ABN: 28 737 645 713
15 June 2009
[insert address details]
Re: Submission to the National Human Rights Consultation Committee
Dear Sir/Madam
I write to you as the representative action officer of the Australian Young Christian Workers, which is part of an international movement of young people, for young people, and by young people.
We welcome the creation of the National Human Right Consultation Process, and the opportunity for all Australians to contribute to meaningful debate about how best to protect and promote human rights in Australia.
YCW is particularly focused on the protection of the human rights of young workers. We understand that Australians between the ages of 15 and 24 represent approximately 20% of the Australian labour force, and that such workers receive disproportionately low pay and poor working conditions. We also support the protection and promotion of broader human rights that will benefit all Australians.
1. Which human rights (including corresponding responsibilities) should be protected and promoted?
(a) Incorporation of key international instruments into Australian human rights instrument.
Australia is a signatory to several international human rights instrumentswhich directly deal with human rights. YCW notes that Australia has signed and ratified the International Covenant on Civil and Political Rights,the International Covenant on Economic, Social and Cultural Rights and the United Nations Convention on the Rights of the Child. YCW believes that the rights protectedby these international instruments should be given legal effect in Australia.
(b) Protection of rights key rights relevant to young workers
YCW is particularly concerned about the protection andpromotion of the rights of young workers. YCW believes that this can be assisted by recognizing the following workers’ rights:
(i) A right to protection of workers from economic exploitation
YCW is concerned that young workers, workers from non-English speaking backgrounds, and apprentices and trainees face systematic economic exploitation. YCW believes that workers should be paid on the basis of the work being undertaken, and not the age of the worker who is undertaking the work. YCW notes that Article 32 of the Convention of the Rights of the Child states that“States Parties recognize the right of the child to be protected from economic exploitation…”. YCW believes that all Australian workers should have, as a fundamental right, protection from economic exploitation in the work they undertake.
(ii) A right to the provision of just and adequate working conditions
YCW believes young people have a right to work in an environment that is safe, and that does not interfere with their education and development. As part of this, young workers should have a right to work in an environment that is free from bullying and harassment. Under Article 32 of the Convention on the Rights of the Child recognizes a “right of the child to be protected from …performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.” YCW believes that all Australian workers should have the protection of such a right.
(iii) A right to legal assistance
YCW believes that young workers are among the most vulnerable workers in the community. As part of this, YCW research indicates that young workers are often unaware of the legal avenues they can take to address problems they face in the workplace. YCW believes that young workers should have a right of access to legal advice when their working conditions are not met. This would empower young workers and…
(c) Voting rights extended to more young Australians
Many young Australians are economically exploited by being paid less than older Australians who are performing the same work as them. The same young Australians typically work in casual employment, without job security or adequate levels of leave. These people are considered to be old enough to work, but not old enough to vote.
YCW believes that more young Australians should be involved in the political process. In particular, YCW believes that 16 and 17 year old Australians should be given a non-compulsory right to vote. There is a clear correlation between a lack of political rights among Australians of this age, and poor working conditions. By granting a right to vote to 16 and 17 year old Australians, young Australians would be give a voice and be able to be considered in democratic decision making. Such a right would support the ethos of the Convention on the Rights of the Child, which explains that children should have a right to express their views in matters which affect them.
2. Are these human rights currently sufficiently protected and promoted?
Currently, the human rights of young workers are not sufficiently protected and promoted.
3. How could Australia better protect and promote human rights?
YCW is aware that there are very strong feelings from different members of the community about which model of protection is to be preferred. We recognize that the most heated debate seems to concern not what human rights should be protected, but what model of human rights should be used. Much debate concerning human rights protection is distracted by criticism of the alleged role of the judiciary in protecting human rights. YCW does not wish to take sides on this issue. We believe that human rights should be articulated, as if they are to be a true legal right they must be both identifiable and accessible.
YCW does not express a concluded view as to which model of human rights protection would best serve the Australian people.
We are aware of strong feelings coming from many different angles – and we believe that human rights should be protected in a meaningful way.
If these rights exist, they should be articulated.
Great opportunity to make a comprehensive claim on human rights
For true enforcement – need implementation strategy, need the human rights to be articulated and accessible, and need access to legal assistance in enforcing and promoting those rights.
promote more accountable govt
address disadvantage
Yours Sincerely,
Christopher Kane
(Representative Action Officer, AYCW)