Conditional Income Support under SEAM: Human Rights Compatibility Issues

Abstract

This article explores the relationship between the School Enrolment and Attendance Measure (‘SEAM’) and human rights, in light of the recent assessment of this measure by the Parliamentary Joint Committee on Human Rights (‘PJCHR’).1 The article considers the concerns raised by the PJCHR regarding the incompatibility of SEAM with Australia’s international human rights obligations. It examines additional human rights concerns that were not addressed by the PJCHR in their June 2013 report; namely those that relate to the right of Indigenous peoplesto participate in and enjoy their own culture. It is argued that rights to culture are significant for Indigenous peoples and should not be marginalised by the government in their efforts to promote the right to education. It is contended that SEAM is unlikely to deliver positive outcomes given that it involves the restriction of a range of human rights. Finally, the article also identifies several other criticisms of SEAM.