Equality for indigenous peoples in the Australian Constitution

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Journal article

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.We propose that section 25 be replaced by a guarantee of non-discrimination and by reference to South Africa legislation, argue that any replacement provision be bolstered by legislation both prohibiting discrimination and imposing a duty to promote equality.

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Charlesworth, Hilary , 2012, ‘Equality for indigenous peoples in the Australian Constitution’, Australian Indigenous Law Review , 15, 2, 64-73

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