Anti-discrimination laws in Australia : are Muslim women protected?

Maria Bhatti, Maryam Hashimi, Sandy Noakes

Research output: Contribution to journalArticlepeer-review

1 Citation (Scopus)

Abstract

This article examines whether Australian law, both at the federal and state level, adequately protects the rights of Muslim women who choose to wear religious garments, specifically in the employment context. It provides a comprehensive analysis of legal protections available for Muslim women by discussing Australia’s obligations under Article 18 of the International Covenant on Cultural and Political Rights, as well as Australia’s domestic legal landscape by examining the Racial Discrimination Act 1975 (Cth), the Australian Human Rights Commission Act 1986 (Cth), the Fair Work Act 2009 (Cth) and other laws in Australian states and territories which protect against religious discrimination. After reviewing existing laws, the article then turns to the Religious Discrimination Bill 2021 as a case study to examine whether the rights of Muslim women who choose to wear religious garments are adequately protected in Australia or whether additional legislative protections are required.
Original languageEnglish
Pages (from-to)1-22
Number of pages22
JournalAustralian Journal of Human Rights
Volume29
Issue number1
DOIs
Publication statusPublished - 2023

Bibliographical note

Publisher Copyright:
© 2023 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group.

Open Access - Access Right Statement

© 2023 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way. The terms on which this article has been published allow the posting of the Accepted Manuscript in a repository by the author(s) or with their consent.

Notes

WIP in RD

Keywords

  • discrimination
  • employment
  • Human rights
  • Muslim women
  • religious dress

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