Equality for Indigenous Peoples in the Australian Constitution

Australian Indigenous Law Review, Vol.15, No. 2, pp. 64-73, 2011

UNSW Law Research Paper No. 2012-38

10 Pages Posted: 13 Sep 2012

See all articles by Hilary Charlesworth

Hilary Charlesworth

ANU College of Law; School of Regulation & Global Governance (RegNet)

Andrea Durbach

University of New South Wales (UNSW) - UNSW Law & Justice

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.

Suggested Citation

Charlesworth, Hilary and Durbach, Andrea, Equality for Indigenous Peoples in the Australian Constitution (September 1, 2012). Australian Indigenous Law Review, Vol.15, No. 2, pp. 64-73, 2011, UNSW Law Research Paper No. 2012-38, Available at SSRN: https://ssrn.com/abstract=2144730

Hilary Charlesworth

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia
02 6249 0454 (Phone)

HOME PAGE: http://law.anu.edu.au/scripts/StaffDetails.asp?StaffID=14

School of Regulation & Global Governance (RegNet) ( email )

Canberra, Australian Capital Territory 0200
Australia

Andrea Durbach (Contact Author)

University of New South Wales (UNSW) - UNSW Law & Justice ( email )

Kensington, New South Wales 2052
Australia

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