I'm a lone woman standing up for human rights against a wealthy organisation, in the Federal Court of Australia.

As far as I’m aware, I am the only claimant in the Federal Court bringing action in a pregnancy discrimination claim.

Human rights are fundamental rights, and one would expect strong remedies and penalties to follow violations in Australia, but they don’t.

Due to the way the Courts have interpreted the legislation, the focus of Sex Discrimination litigation has shifted from one about principles to one about numbers $$$. 

In Australia, Human Rights are considered ‘’compensatory’’ torts. 

For compensatory torts (like negligence), material loss is the prerequisite for bringing a claim in Court. These torts are principally concerned with offering ''compensation'' for fault-based material harms.

This means that Human Rights matters are regarded by the Courts merely as personal injury cases, with the primary focus not on judging the Respondent's conduct in infringing basic human rights but on the Applicant's ability to prove any factual economic or non-economic (e.g. psychological) loss that flowed from the breach.

The actual violation of human rights itself - is not regarded as causing damage to someone's interest in their human rights and therefore no damages for that are available.

This is in contrast to ''vindicatory torts'' like false imprisonment, battery and trespass. In these cases, substantial damages are available that compensate victims for the wrongful interference of the protected interest itself, regardless of whether the claimant has suffered factual loss or not and to vindicate the importance of those interests.

These torts are constituted to protect basic rights and are actionable ‘’per se’’. They are strongly protected by the law to reinforce their importance and ensure they are respected.

But it’s not the same for human rights. So why aren’t human rights given the same importance in law?

Human Rights in Australia is a fraught field and Australian Courts have struggled (and miserably failed) to articulate a coherent and rational law on human rights damages while the theoretical foundations for the remedy in the legislation remain obscure.

The result is that damages for Discrimination matters have been marginalised and a sound law for the assessment of human rights damages has proved elusive.

Should the Applicant pass every difficult hurdle to win a case, the Damages awarded have been notoriously low, legal fees far exceeding any compensation.

Bringing a human rights case is a process that is heavily weighed against Applicants. 

The onus is on the Applicant to prove liability (unlike Fair Work laws which shift that burden to the Respondent).

In October 2020, during the height of the pandemic, I was heavily pregnant. 

I interviewed for a job remotely and was offered a role with a Corporation in Sydney. I was absolutely qualified for the job and could easily work while pregnant, have my baby and then continue working afterwards.

But.....

When I informed them that I was pregnant, my offer of employment was unceremoniously withdrawn !!!!

I filed a Statement of Claim against the corporation in the Federal Court of Australia in 2022.

Their lawyers then promptly began their campaign of terror where I would be made to feel as though I was the one on trial. 

Australia does not have a national Human Rights Act!! Australia does not have a national Charter of Human Rights like other democracies!!

Please help me get the attention of Prime Minister Albanese and the Attorney General Mark Dreyfuss.

We must change the Human Rights Law in Australia so that courts adopt a vindicatory approach to the assessment and award of damages and hand down stronger penalties for breaches.

Parliament must overturn the High Court's ruling in Lewis vs Australian Capital Territory 2020 by enacting new, clear legislation that actually protects Human Rights.

Please Sign our petition. It's time that Australia overhauls Human Rights legislation!