Elizabeth Evatt
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Elizabeth Andreas Evatt (born 11 November 1933), an eminent Australian reformist lawyer and jurist who sat on numerous national and international tribunals and commissions, was the first Chief Justice of the Family Court of Australia, the first female judge of an Australian federal court, and the first Australian to be elected to the
United Nations Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per ...
.


Early years and background

Evatt was born in 1933, the daughter of the barrister
Clive Evatt Clive Raleigh Evatt (6 June 1900 – 15 September 1984) was an Australian politician, barrister and raconteur. He was a member of the New South Wales Legislative Assembly from 1939 until 1959. At various times he sat as a member of the Industr ...
, granddaughter of
Harry Andreas Harry Andreas (born Ehenriech Phillip Andreas; 1879–1955) was an Australian businessman and company director. As a big-game fisherman he pioneered the sport in New Zealand. He was the inventor of the Andreas Fortuna Game Fish Reel and is des ...
of Leuralla, and the niece of
H. V. Evatt Herbert Vere Evatt, (30 April 1894 – 2 November 1965) was an Australian politician and judge. He served as a judge of the High Court of Australia from 1930 to 1940, Attorney-General and Minister for External Affairs from 1941 to 1949, and l ...
. Educated at the Presbyterian Ladies' College in Pymble, Sydney, Evatt studied law at the
University of Sydney The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's ...
, as the youngest law student ever accepted, and became the first female student to win the University's Medal for Law, graduating in March 1955. Admitted as at barrister in
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
in 1955, Evatt won a scholarship to
Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of high ...
where she was awarded a
LLM A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...
in 1956 and was admitted to the bar at the
Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and ...
in
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,
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
. From 1968 to 1973, Evatt worked at the England and Wales Law Commission under
Lord Scarman Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986. Early life and education Scarman was born in Streatham but grew up on the bo ...
.


Judicial appointments


Australia

In December 1972, Evatt was appointed as the first female Deputy President of the
Commonwealth Conciliation and Arbitration Commission The Australian Industrial Relations Commission (AIRC), known from 1956 to 1973 as the Commonwealth Conciliation and Arbitration Commission and from 1973 to 1988 as the Australian Conciliation and Arbitration Commission, was a tribunal with powers ...
and retained this position until 1989. Between 1974 and 1977, Evatt chaired the Royal Commission on Human Relationships, producing recommendations which ultimately led to the enactment of the
Family Law Act 1975 The ''Family Law Act 1975'' (Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separ ...
where
no-fault divorce In a no-fault divorce the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage ...
and the single ground of irreconcilable differences evidenced by twelve months separation were introduced into Australian family law. The Act also established the Family Court of Australia, and Evatt was appointed as its inaugural Chief Justice holding this position from 1976 until 1988. In 1988 Evatt was appointed President of the
Australian Law Reform Commission The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by ...
, a position she held until 1993. From 1995 to 1998, she served as a part-time Commissioner of the Australian
Human Rights and Equal Opportunity Commission The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but oper ...
.


International

Appointed as a member of the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
Committee on the Elimination of Discrimination against Women in 1984, Evatt later chaired the committee, from 1989 to 1991, and remained a member until 1992. Evatt was the first Australian to be elected to the
United Nations Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per ...
in 1992, serving as a member from 1993 to 2000. Between 1998 and 2007, Evatt served two consecutive, five-year terms as a judge of a tribunal of the
World Bank The World Bank is an international financial institution that provides loans and grants to the governments of low- and middle-income countries for the purpose of pursuing capital projects. The World Bank is the collective name for the Inte ...
that determines staffing disputes. Evatt was elected as a Commissioner of the International Committee of Jurists in April 2003.


Non-judicial appointments

In 1988 Evatt was made Chancellor of the University of Newcastle, holding this post until 1994. In 1995 Evatt was commissioned by Senator Herron, the Minister for Aboriginal and Torres Strait Islander Affairs, to review the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. Her extensive report, ''Review of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984'' ('the Evatt Review') was presented in August 1996 and paved the way for legislative reform to a complex and controversial area of law.


Human rights advocate

Evatt has been an outspoken advocate of issues relating to
human rights in Australia Human rights in Australia have largely been developed by the democratically-elected Australian Parliament through laws in specific contexts (rather than a stand-alone, abstract bill of rights) and safeguarded by such institutions as the indepen ...
, particularly women's rights. In a 2004 speech to mark the twentieth anniversary of the ''
Sex Discrimination Act 1984 The ''Sex Discrimination Act 1984'' is an Act of the Parliament of Australia which prohibits discrimination on the basis of mainly sexism, homophobia, transphobia and biphobia, but also sex, marital or relationship status, actual or potential ...
'', Evatt critiqued the Act and other laws relating to women's rights in Australia, in terms of its inadequacies in satisfying Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women. She was also critical of the then Howard
Liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and m ...
government's
anti-terrorism legislation Anti-terrorism legislation are laws with the purpose of fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its ...
, particularly provisions relating to
control order A control order is an order made by the Home Secretary of the United Kingdom to restrict an individual's liberty for the purpose of "protecting members of the public from a risk of terrorism". Its definition and power were provided by Parliament in ...
s and
preventive detention Preventive detention is an imprisonment that is putatively justified for non- punitive purposes, most often to prevent (further) criminal acts. Types of preventive detention There is no universally agreed definition of preventive detention, and m ...
, saying that "These laws are striking at the most fundamental freedoms in our democracy in a most draconian way." Evatt was a signatory to the
Yogyakarta Principles The Yogyakarta Principles is a document about human rights in the areas of sexual orientation and gender identity that was published as the outcome of an international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006. Th ...
in November 2006.


Awards and honours

Evatt was made an Officer of the
Order of Australia The Order of Australia is an honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Queen of Australia, on the advice of the Australian Gov ...
on 14 June 1982, in recognition of services to the law, and was granted the status of Companion of the Order of Australia, at the
Queen's Birthday The King's Official Birthday (alternatively the Queen's Official Birthday when the monarch is female) is the selected day in the United Kingdom and most Commonwealth realms on which the birthday of the monarch is officially celebrated in those ...
honours on 12 June 1995. The latter citation was awarded "in recognition of service to the law, social justice and to the promotion of human rights worldwide, particularly in the areas of equal opportunity and anti-discrimination legislation and practice". In 1985 an
honorary degree An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hon ...
of
LL.D Legum Doctor (Latin: “teacher of the laws”) (LL.D.) or, in English, Doctor of Laws, is a doctorate-level academic degree in law or an honorary degree, depending on the jurisdiction. The double “L” in the abbreviation refers to the earl ...
was conferred on Evatt by the
University of Sydney The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's ...
at a special ceremony which celebrated the centenary of the first graduations by women at the university. In 1994, the Flinders University of South Australia conferred the same award on Evatt. In 2007 the Blue Mountains Community Legal Centre changed its name to the Elizabeth Evatt Community Legal Centre. The Centre provides free legal advice to clients in the surrounding region, and Evatt serves as patron of the centre. Evatt is a Life Member of the Evatt Foundation, an organisation established as a memorial to her uncle, Dr H. V. Evatt, with the aim of advancing the highest ideals of the labour movement, such as equality, participation, social justice and human rights. Evatt served as Vice-President of the Foundation between 1982 and 1987. She was added to the
Victorian Honour Roll of Women The Victorian Honour Roll of Women was established in 2001 to recognise the achievements of women from the Australian state of Victoria. The Honour Roll was established as part of the celebrations of Victoria's Centenary of Federation. Public no ...
in 2001.


Notable published works

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See also

*
Evatt House Evatt House is a heritage-listed house located at 69 Junction Road in the Sydney suburb of Wahroonga in the Ku-ring-gai Council local government area of New South Wales, Australia. It is also known as Parklands. The property is privately owned ...


References


Further reading

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External links

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Selected parts of the review
{{DEFAULTSORT:Evatt, Elizabeth 1933 births Judges of the Family Court of Australia Australian women judges Harvard Law School alumni United Nations Human Rights Committee members Companions of the Order of Australia Australian royal commissioners Living people Lawyers from Sydney Australian officials of the United Nations Women chief justices People educated at Pymble Ladies' College