The Australian government launched a set of Principles to Promote and Protect the Human Rights of International Students. On 4 October 2012, Australia's Race Discrimination Commissioner, Dr. Helen Szoke, noted the duty to protect international students, from all countries, who travel to Australia to study. The launch of the Principles occurred at the Australian International Education Conference held in Melbourne, Australia. A word or pdf version of the Principles and commentary thereon can be downloaded from the Commission’s website here.
Dr. Szoke noted that Australia benefits socially, culturally and economically from international students, and Australia owes a duty of care to ensure the health, safety and well-being of international students. Though most international students have great experiences, some challenges international students may face include economic insecurity, social isolation, language and cultural barriers, threats to their safety, and difficulties accessing needed services and information. They may also encounter discrimination, exploitation or harassment due to their race, colour, culture, religion, language or sex.
The human rights Principles, which flow in part from international human rights law treaties that bind Australia, help make international students more aware of their human rights, how Australian law protects these rights, and remedies available upon breach. The Australian Human Rights Commission consulted with key stakeholders in arriving at the internationally agreed human rights principles.
Following are the Principles to Promote and Protect the Human Rights of International Student:
Dr. Szoke noted that Australia benefits socially, culturally and economically from international students, and Australia owes a duty of care to ensure the health, safety and well-being of international students. Though most international students have great experiences, some challenges international students may face include economic insecurity, social isolation, language and cultural barriers, threats to their safety, and difficulties accessing needed services and information. They may also encounter discrimination, exploitation or harassment due to their race, colour, culture, religion, language or sex.
The human rights Principles, which flow in part from international human rights law treaties that bind Australia, help make international students more aware of their human rights, how Australian law protects these rights, and remedies available upon breach. The Australian Human Rights Commission consulted with key stakeholders in arriving at the internationally agreed human rights principles.
Following are the Principles to Promote and Protect the Human Rights of International Student:
1. Enhancing the human rights of international students
2. Ensuring all international students have access to human rights and freedom from discrimination protections
3. Understanding the diverse needs of international students
4. Empowering international students during their stay in Australia
The purpose of these Principles is to enhance the health, safety & well-being of international students in Australia. The Principles identify the key human rights considerations to be taken into account in policy development and service delivery to ensure that international students who choose Australia as an educational destination have a safe, positive and productive time during their stay.
Human rights belong to all of us, no matter who we are, where we were born, where we live or the colour of our skin. They recognise the fundamental worth of each person and are grounded on the principles of equality and mutual respect.
International students can face a range of human rights challenges in Australia, including in relation to:
· an adequate standard of living, including access to safe, adequate and affordable housing
· personal safety and security
· discrimination, harassment, violence and other human rights breaches,
· access to physical and mental health services, including information and health services for women
· safe and fair employment
· privacy
· other health, safety and well-being deprivations.
Using these Principles
These Principles have been designed:
· as a guide for all organisations and government agencies that provide services to international students
There is no single body or organisation responsible for addressing the issues and concerns faced by international students. It is a joint effort, shared by a broad range of bodies across all parts of Australia, including:
· those in the public and private education sector
· the Australian Government, as well as state, territory and local governments
· law enforcement agencies
· agents who recruit international students outside Australia and provide information about education and living in Australia
· non-government organisations that provide support services
· businesses, both as service providers and as employers
· federal, state and territory anti-discrimination commissions, ombudsmen and other complaint-handling bodies.
A number of stakeholders have a shared responsibility for certain issues, such as ensuring safe and affordable housing or gathering up-to-date data about the safety of international students in Australia.
Accordingly, the Principles encourage a collaborative approach among all stakeholders to better promote and protect the rights of international students.
The Principles complement recent policy and service reforms implemented by the Australian, state and territory governments, which focus on international students’ individual rights and responsibilities. They also complement federal, state and territory human rights and equal opportunity laws, which promote the right to equality and non-discrimination & provide redress for unlawful behaviour to all people in Australia.
Principle 1: Enhancing the human rights of international students To enhance the human rights of international students, it is critical that ongoing improvements are made in those areas where international students face barriers, such as accessing health services, housing and employment. This requires agencies with responsibilities in these areas to understand their legal obligations and to pursue improvements that will advance the human rights of international students.
To implement this Principle, it is important that stakeholders:
1.1 ensure that international students and their families have access to affordable medical and hospital treatment while studying in Australia
1.2 ensure international students and their families have sufficient information about how to access emergency health services when required, and that health services are aware of their obligations to provide services
1.3 support access to gender-specific health education and services and appropriate obstetrics care for international students and their partners
1.4 pursue affordable and safe accommodation options for international students
1.5 ensure the development of an appropriate set of national or nationally-consistent minimum standards to enhance accountability and safety for homestay arrangements for international students aged 18 years and over
1.6 enhance the safety, security and social inclusion of international students through affordable public transport
1.7 ensure international students have accurate information about their employment rights, particularly in relation to remuneration, employment conditions and occupational health and safety
1.8 adopt, where there are significant crises occurring in the country of origin, a proactive, timely and flexible whole-of-government response that addresses the associated financial, safety and well-being of students from that country, and communicate this response efficiently to students, including through the Study in Australia website (www.studyinaustralia.gov.au).
Principle 2: Ensuring all international students have access to human rights & freedom from discrimination protections To ensure that international students are properly equipped to address any violence or unlawful discrimination they may experience, it is vital that they can access the necessary social, legal and information services. Greater awareness of their rights, responsibilities and the complaint handling processes available to them will mean they are better able to address issues they encounter or seek redress for unlawful treatment. This requires the relevant organisations to develop and distribute information that is accurate, accessible and appropriate for international students.
There are a range of organisations that provide these services, including independent health services commissions, bodies handling complaints about housing, law enforcement agencies, privacy commissions, ombudsmen and anti-discrimination commissions.
To implement this Principle, it is important that stakeholders:
2.1 provide adequate information to international students about how to make complaints about potential and actual breaches of their rights
2.2 ensure that adequate information on tenancy rights and responsibilities and complaints processes are available to international students, to maximise safety and avoid exploitation and unsafe co-habitation
2.3 provide international students with clear information about how to make complaints about potential or actual breaches of their employment rights
2.4 provide international students with access to targeted legal advice and support.
Principle 3: Understanding the diverse needs of international students A clear understanding among stakeholders of the needs and experiences of international students living in Australia is vital to ensuring the protection of their human rights. Achieving this greater level of understanding requires better and more comprehensive research and data collection. Research and data collection that would contribute to a better understanding of the international student experience would particularly benefit from looking at the safety, discrimination, well-being and living arrangements of international students. It is also important that the results of this research and data collection is available to all stakeholders, so that policy and service development can respond to the diverse and changing needs of international students.
To implement this Principle, it is important that stakeholders:
3.1 initiate research and data collection that results in a better understanding of the international student experience, in accordance with privacy laws and concerns
3.2 collect and report on data relating to the experience of racism and racially motivated crime directed at international students, and ensure that this data informs policy and service delivery
3.3 report publicly on how information about the numbers and causes of international student deaths is being utilised to ensure the safety and well-being of international students.
Principle 4: Empowering international students during their stay in Australia Empowering international students to participate in different aspects of community life provides significant benefits for everyone involved. However, genuine participation requires an ongoing commitment to protecting the rights of international students and providing them with the information they need in culturally appropriate ways. To encourage and foster participation, stakeholders need to actively promote opportunities for intercultural exchange at the local, state and federal levels, as well as provide international students with opportunities for leadership training and experience.
To implement this Principle, it is important that stakeholders:
4.1 facilitate ongoing opportunities for international students, their representative bodies and stakeholders working with international students to come together, at the institutional and government levels, to identify opportunities to improve outcomes for international students
4.2 improve the accessibility of information resources and services by providing information on an ongoing basis, in plain English and in relevant languages, either through translations or the appropriate use of interpreters, and in innovative ways, including through the use of social media
4.3 increase awareness of key information resources and services by promoting them on the Study in Australia website
4.4 encourage ongoing opportunities for international students to learn about local and relevant issues, such as the role of local law enforcement agencies, safety awareness training, sexual awareness and physical and mental well-being
4.5 take steps to increase their cultural competency and proficiency by assessing practises, reviewing policies and consulting with international students
4.6 create ongoing opportunities for international students to interact with local students and members of the broader community during their time in Australia, in consultation with international students and their representative bodies.
Achieving positive outcomes The Principles seek to deliver a range of practical outcomes for international students, the organisations that work with them, the Australian education sector and the broader Australian community.
For example, by supporting and implementing the Principles:
· the Australian Government and state, territory and local governments will enhance the important work they do in regulation, policy-making and the continuous improvement of services for international students
· government departments and agencies, including law enforcement agencies, will be more responsive to the health and safety needs of international students, through regular and accurate data collection and analysis
· international students and their family members will be better informed about their rights and the protections available to them, and will have more opportunities to connect with the communities where they live and study
· international students will be better able to contribute to ongoing policy development and service delivery through participating in regular consultations and other fora
· education providers will continue to enhance the educational experience of international students and will put in place appropriate protections and other supports to enhance their health, safety and well-being
· the positive experience of living and studying in Australia, explicitly underpinned by human rights principles, will help Australia continue to build a positive reputation as an educational destination for international students.
Good practice examples of empowering international students and promoting intercultural engagement [Selected]
· The Council of International Students Australia (CISA) is the national peak student representative body for international students in Australia. It seeks to empower international students through a range of activities, including advocacy for their interests and needs, high-quality education and network building. CISA hosts a national conference each year, bringing together international students, student support staff and representatives from the education sector, government and other organisations. It provides a forum for sharing information with international students, allowing them to have a say on a range of important topics.
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2. Ensuring all international students have access to human rights and freedom from discrimination protections
3. Understanding the diverse needs of international students
4. Empowering international students during their stay in Australia
The purpose of these Principles is to enhance the health, safety & well-being of international students in Australia. The Principles identify the key human rights considerations to be taken into account in policy development and service delivery to ensure that international students who choose Australia as an educational destination have a safe, positive and productive time during their stay.
Human rights belong to all of us, no matter who we are, where we were born, where we live or the colour of our skin. They recognise the fundamental worth of each person and are grounded on the principles of equality and mutual respect.
International students can face a range of human rights challenges in Australia, including in relation to:
· an adequate standard of living, including access to safe, adequate and affordable housing
· personal safety and security
· discrimination, harassment, violence and other human rights breaches,
· access to physical and mental health services, including information and health services for women
· safe and fair employment
· privacy
· other health, safety and well-being deprivations.
Using these Principles
These Principles have been designed:
· as a guide for all organisations and government agencies that provide services to international students
- to inform the ongoing development of policies and services relating to international students
There is no single body or organisation responsible for addressing the issues and concerns faced by international students. It is a joint effort, shared by a broad range of bodies across all parts of Australia, including:
· those in the public and private education sector
· the Australian Government, as well as state, territory and local governments
· law enforcement agencies
· agents who recruit international students outside Australia and provide information about education and living in Australia
· non-government organisations that provide support services
· businesses, both as service providers and as employers
· federal, state and territory anti-discrimination commissions, ombudsmen and other complaint-handling bodies.
A number of stakeholders have a shared responsibility for certain issues, such as ensuring safe and affordable housing or gathering up-to-date data about the safety of international students in Australia.
Accordingly, the Principles encourage a collaborative approach among all stakeholders to better promote and protect the rights of international students.
The Principles complement recent policy and service reforms implemented by the Australian, state and territory governments, which focus on international students’ individual rights and responsibilities. They also complement federal, state and territory human rights and equal opportunity laws, which promote the right to equality and non-discrimination & provide redress for unlawful behaviour to all people in Australia.
Principle 1: Enhancing the human rights of international students To enhance the human rights of international students, it is critical that ongoing improvements are made in those areas where international students face barriers, such as accessing health services, housing and employment. This requires agencies with responsibilities in these areas to understand their legal obligations and to pursue improvements that will advance the human rights of international students.
To implement this Principle, it is important that stakeholders:
1.1 ensure that international students and their families have access to affordable medical and hospital treatment while studying in Australia
1.2 ensure international students and their families have sufficient information about how to access emergency health services when required, and that health services are aware of their obligations to provide services
1.3 support access to gender-specific health education and services and appropriate obstetrics care for international students and their partners
1.4 pursue affordable and safe accommodation options for international students
1.5 ensure the development of an appropriate set of national or nationally-consistent minimum standards to enhance accountability and safety for homestay arrangements for international students aged 18 years and over
1.6 enhance the safety, security and social inclusion of international students through affordable public transport
1.7 ensure international students have accurate information about their employment rights, particularly in relation to remuneration, employment conditions and occupational health and safety
1.8 adopt, where there are significant crises occurring in the country of origin, a proactive, timely and flexible whole-of-government response that addresses the associated financial, safety and well-being of students from that country, and communicate this response efficiently to students, including through the Study in Australia website (www.studyinaustralia.gov.au).
Principle 2: Ensuring all international students have access to human rights & freedom from discrimination protections To ensure that international students are properly equipped to address any violence or unlawful discrimination they may experience, it is vital that they can access the necessary social, legal and information services. Greater awareness of their rights, responsibilities and the complaint handling processes available to them will mean they are better able to address issues they encounter or seek redress for unlawful treatment. This requires the relevant organisations to develop and distribute information that is accurate, accessible and appropriate for international students.
There are a range of organisations that provide these services, including independent health services commissions, bodies handling complaints about housing, law enforcement agencies, privacy commissions, ombudsmen and anti-discrimination commissions.
To implement this Principle, it is important that stakeholders:
2.1 provide adequate information to international students about how to make complaints about potential and actual breaches of their rights
2.2 ensure that adequate information on tenancy rights and responsibilities and complaints processes are available to international students, to maximise safety and avoid exploitation and unsafe co-habitation
2.3 provide international students with clear information about how to make complaints about potential or actual breaches of their employment rights
2.4 provide international students with access to targeted legal advice and support.
Principle 3: Understanding the diverse needs of international students A clear understanding among stakeholders of the needs and experiences of international students living in Australia is vital to ensuring the protection of their human rights. Achieving this greater level of understanding requires better and more comprehensive research and data collection. Research and data collection that would contribute to a better understanding of the international student experience would particularly benefit from looking at the safety, discrimination, well-being and living arrangements of international students. It is also important that the results of this research and data collection is available to all stakeholders, so that policy and service development can respond to the diverse and changing needs of international students.
To implement this Principle, it is important that stakeholders:
3.1 initiate research and data collection that results in a better understanding of the international student experience, in accordance with privacy laws and concerns
3.2 collect and report on data relating to the experience of racism and racially motivated crime directed at international students, and ensure that this data informs policy and service delivery
3.3 report publicly on how information about the numbers and causes of international student deaths is being utilised to ensure the safety and well-being of international students.
Principle 4: Empowering international students during their stay in Australia Empowering international students to participate in different aspects of community life provides significant benefits for everyone involved. However, genuine participation requires an ongoing commitment to protecting the rights of international students and providing them with the information they need in culturally appropriate ways. To encourage and foster participation, stakeholders need to actively promote opportunities for intercultural exchange at the local, state and federal levels, as well as provide international students with opportunities for leadership training and experience.
To implement this Principle, it is important that stakeholders:
4.1 facilitate ongoing opportunities for international students, their representative bodies and stakeholders working with international students to come together, at the institutional and government levels, to identify opportunities to improve outcomes for international students
4.2 improve the accessibility of information resources and services by providing information on an ongoing basis, in plain English and in relevant languages, either through translations or the appropriate use of interpreters, and in innovative ways, including through the use of social media
4.3 increase awareness of key information resources and services by promoting them on the Study in Australia website
4.4 encourage ongoing opportunities for international students to learn about local and relevant issues, such as the role of local law enforcement agencies, safety awareness training, sexual awareness and physical and mental well-being
4.5 take steps to increase their cultural competency and proficiency by assessing practises, reviewing policies and consulting with international students
4.6 create ongoing opportunities for international students to interact with local students and members of the broader community during their time in Australia, in consultation with international students and their representative bodies.
Achieving positive outcomes The Principles seek to deliver a range of practical outcomes for international students, the organisations that work with them, the Australian education sector and the broader Australian community.
For example, by supporting and implementing the Principles:
· the Australian Government and state, territory and local governments will enhance the important work they do in regulation, policy-making and the continuous improvement of services for international students
· government departments and agencies, including law enforcement agencies, will be more responsive to the health and safety needs of international students, through regular and accurate data collection and analysis
· international students and their family members will be better informed about their rights and the protections available to them, and will have more opportunities to connect with the communities where they live and study
· international students will be better able to contribute to ongoing policy development and service delivery through participating in regular consultations and other fora
· education providers will continue to enhance the educational experience of international students and will put in place appropriate protections and other supports to enhance their health, safety and well-being
· the positive experience of living and studying in Australia, explicitly underpinned by human rights principles, will help Australia continue to build a positive reputation as an educational destination for international students.
Good practice examples of empowering international students and promoting intercultural engagement [Selected]
· The Council of International Students Australia (CISA) is the national peak student representative body for international students in Australia. It seeks to empower international students through a range of activities, including advocacy for their interests and needs, high-quality education and network building. CISA hosts a national conference each year, bringing together international students, student support staff and representatives from the education sector, government and other organisations. It provides a forum for sharing information with international students, allowing them to have a say on a range of important topics.
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