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.
Disciplines
Constitutional Law | Indian and Aboriginal Law | Law
Date of this Version
9-1-2012
Recommended Citation
Hilary Charlesworth and Andrea Durbach, "Equality for indigenous Peoples in the Australian Constitution" (September 2012). University of New South Wales Faculty of Law Research Series 2012. Working Paper 38.
http://law.bepress.com/unswwps-flrps12/38
Comments
This article is to be published at Australian Indigenous Law Review, Vol.15, No.2, pp.64-73. This paper may also be referenced as [2012] UNSWLRS 38.