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23 May 2024

The Commission welcomes these, most notably the creation of an exception to the declared areas offence for individuals performing an official duty for the International Committee of the Red Cross and enhanced oversight of the PJCIS to monitor and review the basis of the Minister’s declaration of a prescribed security zone. [...] Assessing whether limitations on human rights are proportionate to the pursuit of a legitimate objective requires an assessment to be made of both the nature and extent of any limitation on human rights, the urgency of the objective, and the degree to which the rights-limiting measure is likely to achieve that objective. [...] In the event that there may be further evidence supporting the INSLM’s conclusions, the Commission submits that the PJCIS should scrutinise it closely to consider whether the laws are necessary and proportionate, applying the human rights analysis in the Commission’s INSLM submission and the present submission. [...] In conclusion, the Commission considers that the discussion of the current security situation contained in the recent INSLM reports, and the discussion of the justifications for the provisions contained in them, are, without more, insufficient to support a finding that all of the provisions under review are necessary and proportionate responses to terrorist threats by reference to the human rights. [...] In response to a question taken on notice in the course of the present INSLM’s review of the declared areas provision, the Human Rights Commissioner, Edward Santow, stated: The Commission recognises the importance and validity of the objective of child protection.


Emily Rutherford

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