Amnesty International is calling on the Government to heed the findings of UN human rights experts and to bridge the gaps in human rights protection in Australia.

Arnand Grover, the UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, has joined a growing list of experts who are critical of Australia's human rights record, particularly in Indigenous affairs and the treatment of asylum-seekers.

In preliminary observations following his 12-day visit in Australia - made public on 4 December 2009 - Mr Grover said he was greatly concerned by Australia's failure to incorporate international human rights standards into domestic law

Rights without explicit legal protection have no effect - violations can occur with impunity and there is no mechanism for redress. Mr Grover's first challenge was the fact that "there is no legal right to health in Australia". He pointed out that Australia remains the only developed democracy without statutory protection of human rights - a situation he hoped would be remedied by the government following up on its recent Human Rights Act consultations.

During his visit, Mr Grover concentrated on two main issues - Indigenous health and the health of asylum seekers.

He commended policy changes which have abolished temporary protection visas and reduced the average period in detention for asylum seekers. However, he criticised mandatory detention without statutory limit.

He also criticised Australia's excised migration zone, with its lack of a statutory process for assessing refugee claims and reduction of normal appeal rights. He noted that although health standards in mainland detention centres seemed adequate, the remoteness of Christmas Island meant that he could not include it in his visiting schedule.

Mr Grover commended the Government for the Apology to the Stolen Generations, its endorsement of the Declaration on the Rights of Indigenous Peoples, and the recent consultations on the future of the Northern Territory Intervention. However, he noted the discriminatory and disempowering nature of the Intervention and its inconsistency with Australia's human rights obligations.

The Government's intention to restore anti-discrimination protection was welcomed, but he said it was of the "utmost importance" that such changes are accompanied by the immediate implementation of appropriate measure to ensure that future policy meets the necessary human rights standards.

Mr Grover also noted that narrowing the gap in health requires narrowing the gap in rights and representation in decision-making.

"It is necessary to build relationships which would ensure genuine protection of their interests, while securing their respective cultural identities and self-determination, and restoring respect and dignity," he said.

For this reason, he recommended a mechanism to ensure that the opinions of the new Indigenous representative body were taken into account.

The remarks made by Mr Grover underscore criticism of Australia's human rights record made by UN bodies this year - the Human Rights Committee, the Committee on Economic Social and Cultural Rights, and the Committee on the Elimination of Racial Discrimination, as well as by James Anaya, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people.

These independent UN experts and bodies form part of the mechanism for monitoring and promoting rights amongst states parties to human rights treaties. Australia has volunteered to be bound by the human rights treaties it has ratified. Unless it chooses to heed the message of the experts, it will face criticism not just from the United Nations but also from those countries whose human rights record Australia would very much like to see improved.