Anti-discrimination laws in Australia—are Muslim women protected?

Abstract

ABSTRACT This article examines whether Australian law, both at the federal and state level, adequately protects the rights of Muslim women who choose to wear religious garments, specifically in the employment context. It provides a comprehensive analysis of legal protections available for Muslim women by discussing Australia’s obligations under Article 18 of the International Covenant on Cultural and Political Rights, as well as Australia’s domestic legal landscape by examining the Racial Discrimination Act 1975 (Cth), the Australian Human Rights Commission Act 1986 (Cth), the Fair Work Act 2009 (Cth) and other laws in Australian states and territories which protect against religious discrimination. After reviewing existing laws, the article then turns to the Religious Discrimination Bill 2021 as a case study to examine whether the rights of Muslim women who choose to wear religious garments are adequately protected in Australia or whether additional legislative protections are required.