Equality for Indigenous Peoples in the Australian Constitution
Australian Indigenous Law Review, Vol.15, No. 2, pp. 64-73, 2011
10 Pages Posted: 13 Sep 2012
Date Written: September 1, 2012
Abstract
Australia’s constitutional protection of individual or group rights is bleak, displaying little interest in concepts of equality and non-discrimination.
Indeed, the Constitution enshrines race as a legitimate category of distinction between people.
In this paper, we consider the evolution of Australia’s ambivalent articulation of race in its Constitution and propose the repeal of section 25.
The paper further proposes that section 25 be replaced by a guarantee of non-discrimination. By reference to South African legislation, we argue that any replacement provision be bolstered by legislation both prohibiting discrimination and imposing a duty to promote equality.
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