A Right to Birth Registration in the Victorian Charter? - Seek and You Shall Not Find

Monash University Law Review, Vol. 36, No. 1, 2011

Monash University Faculty of Law Legal Studies Research Paper No. 25

33 Pages Posted: 19 Sep 2012

See all articles by Andy Gargett

Andy Gargett

Independent

Melissa Castan

Monash University - Faculty of Law

Paula Gerber

Monash University - Faculty of Law

Date Written: 2011

Abstract

Many people have placed Victoria on a pedestal because it was the first (and still only) state in Australia to have enacted human rights legislation. The Charter of Human Rights and Responsibilities 2006 (Vic) replicates many of the rights protected in the International Covenant on Civil and Political Rights, but notably fails to include art 24(2) which recognizes the right to birth registration. This omission is likely to have a disproportionately negative impact on Indigenous Victorians who, it has recently been discovered, are experiencing difficulties in their dealing with the Registrar of Births, Deaths and Marriages. Many Indigenous people are being denied basic rights of citizenship such as obtaining a driver's license or passport because they are unable to provide a copy of their birth certificate; the universally accepted proof of identity document. This article explores the problems faced by Indigenous Victorians in relation to birth registration and birth certificates, and analyses the extent to which the Charter of Human Rights and Responsibilities 2006 (Vic) can provide redress, notwithstanding the absence of a specific provision regarding the right to birth registration.

Keywords: indigenous Victorians, birth registration, human rights, Charter of Human Rights and Responsibilities

JEL Classification: K00, K10, K19, K20, K29, K30, K33, K39, K40, K49

Suggested Citation

Gargett, Andy and Castan, Melissa and Gerber, Paula, A Right to Birth Registration in the Victorian Charter? - Seek and You Shall Not Find (2011). Monash University Law Review, Vol. 36, No. 1, 2011; Monash University Faculty of Law Legal Studies Research Paper No. 25. Available at SSRN: https://ssrn.com/abstract=2148827 or http://dx.doi.org/10.2139/ssrn.2148827

Andy Gargett

Independent ( email )

No Address Available

Melissa Castan (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Paula Gerber

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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