Friends or Foes? The Commonwealth and the Human Rights and Equal Opportunity Commission in the Courts

Abstract

National human rights institutions (NHRIs), quasi-governmental agencies intended to protect human rights, constitute one of the most common institutional innovations advocated by the modern human rights movement. Among other things, they are intended to facilitate government compliance with human rights standards. This article examines the extent to which one particular NHRI, Australia's Human Rights and Equal Opportunity Commission (HREOC), has performed this function by using its authority to intervene in litigation that involves claims of unlawful discrimination or human rights violations. Focusing on cases in which both the HREOC and Commonwealth government participated, it shows that the HREOC's rate of intervention has varied relative to the party in power and that the HREOC has experienced limited success in leveraging law and courts as a means of challenging the government's policies.