Islam v Director-General Justice and Community Safety Directorate (No 3)

[2016] ACTSC 27

Supreme Court of the ACT25 February 2016

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For Australian Law.

1. Human Rights
2. › right to equal protection of the law without discrimination
3. › allegation of discrimination because of religion
4. › multiple incidents in prison
5. › whether direct discrimination
6. › whether indirect discrimination through failure to prevent discriminatory environment or culture
7. › causation
8. › no breach established
9. › Human Rights Act 2004 (ACT), s 8(3).
1. Human Rights
2. › protection from being treated or punished in a cruel, inhuman or degrading way
3. › concepts of “cruel, inhuman or degrading” treatment require threshold level of severity to be met
4. › no breach established
5. › Human Rights Act 2004 (ACT), s 10(1).
1. Human Rights
2. › right to education
3. › right to enjoy right without discrimination
4. › no breach simply because arrangements for access to education are imperfect
5. › Human Rights Act 2004 (ACT), s 27A.