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Sex Discrimination in Uncertain Times
This collection of essays arose from a conference held to mark the silver anniversary of the Australian Sex Discrimination Act (1984). The collection has two aims: first; to honour the contributions of both the spirited individuals who valiantly fought for the enactment of the legislation against the odds, and those who championed the new law once it was passed; secondly, to present a stock-take of the Act within the changed socio-political environment of the 21st century. The contributors present clear-eyed appraisals of the legislation, in addition to considering new forms of legal regulation, such as Equality Act, and the significance of a Human Rights Act. The introduction of a proactive...
Justice Connections
Former High Court judge of Australia, the Hon Michael Kirby, AC, CMG, in addressing the symposium that has evolved into this book, stressed the need for vigilance in the pursuit and protection of justice. Justice Connections is evidence of such vigilance. The book is a veritable smorgasbord of subjects – violence against women, Indigenous people, sentencing, genetic profiling, cultural exceptionalism, arbitral proceedings and environmental law. However, certain themes are constant. The notion of respect for the individual and their personal characteristics underpins the analyses in the book. Accordingly, a number of contributors examine the need to recognise and protect the potentially vul...
Protecting Rights Without a Bill of Rights
Australia is now the only major Anglophone country that has not adopted a Bill of Rights. Since 1982 Canada, New Zealand and the UK have all adopted either constitutional or statutory bills of rights. Australia, however, continues to rely on common law, statutes dealing with specific issues such as racial and sexual discrimination, a generally tolerant society and a vibrant democracy. This book focuses on the protection of human rights in Australia and includes international perspectives for the purpose of comparison and it provides an examination of how well Australian institutions, governments, legislatures, courts and tribunals have performed in protecting human rights in the absence of a Bill of Rights.
Reworking the Relationship Between Asylum and Employment
This book examines the extent to which the right to work for refugees and asylum-seekers is protected by international human rights law. Work is central to durable solutions for refugees ' whether the solution is repatriation to the country of origin, local integration in a country of first asylum or resettlement in a third country. However, it is almost taboo to speak about the economic aspect of refugee-hood because governments often seek to discredit asylum-seekers as mere ' economic migrants' . Frequently, governments in developing...
Reforming Age Discrimination Law
Age is a critical issue for labour market policy. Both younger and older workers experience significant challenges at work. Despite the introduction of age discrimination laws, ageism remains prevalent. Reforming Age Discrimination Law offers a roadmap for the future development of age discrimination law in common law countries, to better address workplace ageism. Drawing on theoretical, doctrinal, and empirical legal scholarship, and comparative perspectives from the United Kingdom, Australia, and Canada, the book provides a socio-legal critique of existing age discrimination laws and their enforcement and proposes concrete suggestions for legal reform and change. Building on legal and inte...
Standards
This book investigates standards as the recipes that shape not only the physical world, but human social interactions. The author outlines the history of formal standards and describes how modern science came to be associated with the moral-technical project of standardization of both people and things. The author also explores how standards are intimately connected to power, empowering some but disempowering others.
WHO Resource Book on Mental Health, Human Rights and Legislation
This publication highlights key issues and principles to be considered in the drafting, adoption and implementation of mental health legislation and best practice in mental health services. It contains examples of diverse experiences and practices, as well as extracts of laws and other legal documents from a range of different countries, and a checklist of key policy components. Three main elements of effective mental health legislation are identified, relating to context, content and process.
Contemporary Research and Analysis on the Children of Prisoners
In March 2017, researchers, advocates and NGOs from twelve countries came together in Rotorua, New Zealand, for the first conference of the International Coalition for the children of incarcerated parents. The Coalition had been formed the previous year to recognise that similar issues faced the children of prisoners all over the world. From the first arrest until release from prison, the system is stacked against the child. Justice systems are all about punishing individuals, and are, as one conference speaker noted, ‘child blind’. The papers in this collection cover many of the themes in the wider literature on the children of prisoners. Advocacy themes include moving towards child-fri...
SUMMING UP
The world and its people are facing serious local and global challenges. Climate change, economic instability, limits to free speech, threats to independent media reporting, and increasing social inequality all signal the breakdown of democratic systems across the world. Our political institutions and leaders are failing us with increasingly conservative policies that favour big business. Far-right political movements gain ascendency and move whole nations towards fascism while American hostility to China threatens global security and economic prosperity. Yet we learn and grow most when we are challenged by difference and adversity: when we are out of our comfort zones. Such experiences offe...
Towards Human Rights Compliance in Australian Prisons
Imprisoned people have always been vulnerable and in need of human rights protections. The slow but steady growth in the protection of imprisoned people’s rights over recent decades in Australia has mostly come from incremental change to prison legislation and common law principles. A radical influence is about to disrupt this slow change. Australian prisons and other closed environments will soon be subject to international inspections by the United Nations Subcommittee on the Prevention of Torture (SPT). This is because the Australian Government ratified the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in Decemb...
