2024 RTP round - Considering a Human Rights Legislative Framework for Western Australia

Status: Closed

Applications open: 7/07/2023
Applications close: 25/08/2023

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About this scholarship
Description/Applicant information

In Australia, protection for human rights is significantly more based in legislation than in any constitutional terms. Over the last 20 years, the Australian Capital Territory (2004), Victoria  (2006) and now Queensland (2019) have led the way towards the statutory protection of human rights by implementing human rights legislation. Human rights legislation generally requires courts in the relevant jurisdictions to give regard to human rights when interpreting legislation; that is, human rights become a part of the interpretative matrix. Without constitutional guarantees, human rights legislation thus provides a valuable statutory protection for human rights, one that supports the role played by the common law principle of legality.  
Traditionally, the focus of human rights legislation in Australia has been on civil and political rights of individuals, such as privacy and reputation, freedom from discrimination, and ensuring fair trials. This has left the protection of economic, social and cultural rights (ESCRs) – such as the rights to housing, health, education, work, and to take part in cultural life –somewhat sidelined. Yet, Australia has been a party to the International Covenant on Economic, Social and Cultural Rights since 1976. Indeed, the National Human Rights Consultation concluded in 2009 that ‘for most Australians, the main concern is the realisation of economic and social rights such as the rights to education, housing and the highest attainable standard of health.’  
Moreover, as human rights legislation tends to relate to the rights of individuals vis-à-vis the government, it has typically left the relationship between business and human rights to a different and somewhat uncertain sphere. As demonstrated by Rio Tinto’s destruction of a significant indigenous cultural site at Juukan Gorge in Western Australia in 2020, businesses must start to centre human rights and ethical decision-making into their operations, not merely refer to human rights as a part of their social license.  
In Western Australia, debates about the passage of human rights legislation have been ongoing for more than 15 years. A proposed Bill, principally on individual civil and political rights, was even circulated in 2007 but was never put before State Parliament. Human rights legislation is, however, still a feature of the platform of the current WA Labor Government (2017-).  
It is timely to undertake this project on a human rights legislative framework for Western Australia, given:  
• existing human rights legislation in the ACT, Victoria and Queensland and the developing jurisprudence in those jurisdictions;  
• movements both federally, in Western Australia and in the other jurisdictions pressing for the adoption of human rights legislation; 
• that jurisdictions with human rights legislation are considering extending their legislation to cover more economic, social and cultural rights; and 
• the significant interest in the developing area of business and human rights, and ethical decision-making.

The successful applicant’s project aims may include:  
• a history of the movement towards the legislation protection of human rights in WA and an assessment of the broader political, legal and social context of how a draft bill was developed WA but then did not progress after 2007;  
• a comparative analysis of the ACT, Victorian and Queensland human rights legislation and case law in order to propose a model human rights law for WA;  
• an assessment of the significance of protecting economic, social and cultural rights for Western Australians, including indigenous Western Australians, in a model human rights law for WA;  
• a study of the proposed Federal model for human rights legislation and the interaction between various existing or proposed state and territory models; and  
• activism and engagement in the ongoing governmental and public debates about the passage of human rights legislation, Federally and/or in WA.

This project will create a valuable political, legal and social history of the movement towards human rights legislation in Western Australia. At the same time, it will use its examination of the existing models in Australia of human rights legislation to promote the passage of best practice human rights legislation in Western Australia, including the promotion of economic, social and cultural rights and the role of businesses in upholding human rights. The project will include government, scholarly and public awareness engagement activities about the importance of human rights and the need for legislation in Western Australia, including law reform submissions.

The Australian Human Rights Commission launched its ‘A National Human Rights Act for Australia’ campaign in March 2023 to campaign for human rights legislation at the Federal level. Similar grassroots and industry initiatives are gathering force in the Australian jurisdictions that lack human rights legislation, including in Western Australia with the ‘Western Australia for a Human Rights Act’ (WA4HRA) movement. As such, it is an opportune time to undertake this research project and to contribute and make an impact to the ongoing government, legal and public conversations about the importance of human rights, and particularly economic, social and cultural rights. In particular, the protection of ESCR has great importance for Indigenous Australians. This project fits within the aspect of the Curtin University vision of working in partnership to make a difference for people and to make a difference in our community.

For the appropriate applicant, an internship opportunity may be able available.

Student type

• Future Students

Faculty

• Faculty of Business and Law

Course type

• Higher Degree by Research

Citizenship

• Australian Citizen
• Australian Permanent Resident
• New Zealand Citizen
• Permanent Humanitarian Visa

Scholarship base

• Merit Based

Value

The annual scholarship package (stipend and tuition fees) is approx. $60,000 - $70,000 p.a.

Successful HDR applicants for admission will receive a 100% fee offset for up to 4 years, stipend scholarships at the 2023 RTP rate valued at $32,250 p.a. for up to a maximum of 3 years, with a possible 6-month completion scholarship. Applicants are determined via a competitive selection process and will be notified of the scholarship outcome in November 2023. 

For detailed information, visit: Research Training Program (RTP) Scholarships | Curtin University, Perth, Australia.

Scholarship Details
Maximum number awarded

1

Eligible courses

All applicable HDR courses

Eligibility criteria

We are looking for a passionate and self-motivated Australian law graduate who has study or workplace experience in the human rights space. Experience with the ACT, Victorian or Queensland human rights legislative frameworks would be a distinct advantage. The graduate must be eligible to enrol in a PhD at Curtin University.

Application process

If this project excites you, and your research skills and experience are a good fit for this specific project, you should contact the Project Lead (listed below in the enquires section) via the Expression of Interest (EOI) form. ahead of the closing date. Please note you should apply as soon as possible, as once a suitable candidate has been identified this opportunity will no longer be available to receive an EOI.

Enrolment Requirements

Eligible to enrol in a Higher Degree by Research Course at Curtin University by March 2024.

Recipients must complete their milestone 1 within 6 month of enrolment and remain enrolled on a full-time basis for the duration of the scholarship.

Enquiries

To enquire about this project opportunity that includes a scholarship application, contact the Project lead, Narrelle Morris via the EOI form above.

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