Australian Journal of Human Rights最新文献_第10页

Building human rights in the region through the role of horizontal transnational networks: the role of the Asia Pacific Forum of National Human Rights Institutions 通过横向跨国网络的作用在本区域建立人权:国家人权机构亚太论坛的作用

Australian Journal of Human Rights Pub Date : 2021-09-02 DOI: 10.1080/1323238X.2021.2011829

Catherine Renshaw, K. Fitzpatrick

{"title":"Building human rights in the region through the role of horizontal transnational networks: the role of the Asia Pacific Forum of National Human Rights Institutions","authors":"Catherine Renshaw, K. Fitzpatrick","doi":"10.1080/1323238X.2021.2011829","DOIUrl":"https://doi.org/10.1080/1323238X.2021.2011829","url":null,"abstract":"ABSTRACT In 2007, Andrew Byrnes and Andrea Durbach received a grant from the Australian Research Council to investigate the role played by the Asia Pacific Forum of National Human Rights Institutions in promoting international human rights norms across the Asia Pacific. The project’s central question was whether, for the vast and heterogeneous Asia Pacific, a regional network of national human rights bodies might offer a more effective form of human rights governance than a supra-state regional human rights system. Fieldwork was carried out in every sub-region of the Asia Pacific: Fiji, Samoa, New Zealand, Thailand, Malaysia, Nepal, India, South Korea, Jordan and Palestine. A decade after the project’s conclusion, we analyse the project’s impact and influence. We conclude that the key intuition that drove the project forward, which was that strong and independent institutions within states are the most effective bulwarks against rights violations, remains as valid now as it was a decade ago. In a region that still lacks an overarching human rights institution, networks of national human rights institutions are an original and creative response to the challenges of human rights governance into the twenty-first century.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49063311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The impact of public interest litigation: the case of socio-economic rights 公益诉讼的影响:以社会经济权利为例

Australian Journal of Human Rights Pub Date : 2021-09-02 DOI: 10.1080/1323238X.2022.2030039

M. Langford

引用次数: 0

Travelling with Durbach: notes from a trip to South Africa researching reparations for victims of sexual violence 与德巴赫一起旅行:去南非研究性暴力受害者赔偿的笔记

Australian Journal of Human Rights Pub Date : 2021-09-02 DOI: 10.1080/1323238x.2021.2003580

Lucy Geddes

{"title":"Travelling with Durbach: notes from a trip to South Africa researching reparations for victims of sexual violence","authors":"Lucy Geddes","doi":"10.1080/1323238x.2021.2003580","DOIUrl":"https://doi.org/10.1080/1323238x.2021.2003580","url":null,"abstract":"ABSTRACT In January 2015, I had the privilege of accompanying Professor Andrea Durbach to conduct fieldwork in South Africa for a major Australian Research Council-funded project ‘Combating sexual violence against women post-conflict through “transformative” reparations: problems and prospects’. In this short autoethnographic paper, I offer a series of reflections on this formative fieldwork experience—the first time I had participated in the design of qualitative interviews for the purposes of academic research—and witnessed the careful way Durbach approached this trip. Throughout the piece, I interweave personal notes, correspondence and other literature, which anchor me to this place and experience. In doing so, I seek to explore the tensions of designing fieldwork when, as researchers, we cannot escape ourselves: our positionality necessarily informs both the substance and mode of any academic inquiry. During our time together in South Africa, I observed how Durbach negotiated issues of identity, access and positionality; the impact these complexities had on oft-times blurred relationships between interviewer and interlocutor; and the ways in which interrogating these questions can assist researchers to (re)produce knowledge on questions of violence in sensitive, collaborative and innovative ways.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45086262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Reflections on my friendship with Andrea (Andy) Durbach 关于我与安德里亚·德尔巴赫友谊的思考

Australian Journal of Human Rights Pub Date : 2021-09-02 DOI: 10.1080/1323238X.2021.2009311

Penelope E. Andrews

引用次数: 0

Transformative gender justice: criminal proceedings for conflict-related sexual violence in Guatemala and Peru 变革的性别正义:危地马拉和秘鲁与冲突有关的性暴力的刑事诉讼

Australian Journal of Human Rights Pub Date : 2021-09-02 DOI: 10.1080/1323238X.2021.2013701

J. Boesten

{"title":"Transformative gender justice: criminal proceedings for conflict-related sexual violence in Guatemala and Peru","authors":"J. Boesten","doi":"10.1080/1323238X.2021.2013701","DOIUrl":"https://doi.org/10.1080/1323238X.2021.2013701","url":null,"abstract":"ABSTRACT Drawing on Andrea Durbach’s work around post-conflict transformative gender justice, this paper asks if criminal justice for conflict-related sexual violence (CRSV) can bring about transformative gender justice in Latin America. The paper offers a comparative analysis of two judicial cases of conflict-related rape: the Sepur Zarco case in Guatemala and the Manta y Vilca case in Peru. The paper argues that domestic courts can have important transformative effects on victim-survivors, their families and on criminal justice practices for CRSV, when international standards for evidentiary practice are adhered to within the specific local context of the case in question, as was the case of Sepur Zarco. If international standards of evidentiary practice are not considered, it is much less likely that such cases are transformative, in fact, the process might do harm, as in the case of Manta y Vilca. Therefore, criminal justice processes are not by default transformative, but good practice can be important to transformative gender justice by providing redress for victim-survivors and affected communities, unsettling hierarchies and building accountability.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41886375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Australia in the UN Human Rights Council through the eyes of Andrew Byrnes and Andrea Durbach 通过安德鲁·伯恩斯和安德里亚·德巴赫的视角了解澳大利亚在联合国人权理事会的地位

Australian Journal of Human Rights Pub Date : 2021-09-02 DOI: 10.1080/1323238X.2021.2010300

H. Charlesworth

引用次数: 0

Putting Byrnes and Hong Kong in a time machine: human rights in 2021 under the shadow of Beijing’s National Security Law 把伯恩斯和香港放进时光机:北京《国家安全法》阴影下2021年的人权

Australian Journal of Human Rights Pub Date : 2021-09-02 DOI: 10.1080/1323238X.2021.2016021

S. Deva

{"title":"Putting Byrnes and Hong Kong in a time machine: human rights in 2021 under the shadow of Beijing’s National Security Law","authors":"S. Deva","doi":"10.1080/1323238X.2021.2016021","DOIUrl":"https://doi.org/10.1080/1323238X.2021.2016021","url":null,"abstract":"ABSTRACT During his academic journey in Hong Kong, Professor Andrew Byrnes wrote extensively on various human rights issues in Hong Kong, including the role of the Bill of Rights Ordinance (BORO) in protecting and promoting human rights. When Byrnes left the University of Hong Kong in 2001, a national security law was contemplated, but perhaps not the type of National Security Law (NSL) that Beijing gifted to Hong Kong on 30 June 2020. Drawing on Byrnes’ human rights writings about Hong Kong, this article critically examines the impact of the NSL on human rights in Hong Kong protected under the Basic Law and the BORO. It also discusses the role of Hong Kong courts in minimising the adverse impact of the NSL on human rights. I argue that courts should rely on the basic structure doctrine to declare unconstitutional the relevant parts of the NSL. However, as Hong Kong courts may not be willing to opt for such an option, they should at least treat the NSL as a law of ‘suspect constitutionality’ and interpret its vague and wide provisions narrowly to strike a balance between national security considerations and the protection of human rights.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47411117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Voluntarily ‘opting-in’ – the Australian approach to seeking human rights compliance from non-government entities 自愿“选择加入”——澳大利亚寻求非政府实体遵守人权的方式

Australian Journal of Human Rights Pub Date : 2021-09-02 DOI: 10.1080/1323238x.2021.2010364

Louis Schetzer

{"title":"Voluntarily ‘opting-in’ – the Australian approach to seeking human rights compliance from non-government entities","authors":"Louis Schetzer","doi":"10.1080/1323238x.2021.2010364","DOIUrl":"https://doi.org/10.1080/1323238x.2021.2010364","url":null,"abstract":"ABSTRACT This article examines the methods employed in the human rights acts that have been legislated at the Australian State/Territory level to encourage compliance with human rights amongst non-government entities. The article considers the provisions in the Human Rights Act 2004 (ACT) and the Human Rights Act 2019 (Qld) that enable non-government organisations to voluntarily ‘opt-in’ to the statutory obligations of a public authority to act in compliance with human rights. The intention behind these provisions was to encourage the voluntary assumption by private sector entities of the human rights standards expected of public authorities. This article examines how the ACT provision has had limited take-up and has not been successful in encouraging ‘opt-in’ by private sector organisations. The organisations that have opted-in are predominantly non-government, service oriented or advocacy organisations that already had a strong commitment to human rights. While this may indicate that the opt-in provision has not been successful in fulfiling its goal, it has achieved some modest outcomes in terms of setting an example for human rights compliance for non-government organisations. There are also some important lessons that should be heeded in terms of promotion and maintaining government commitment to develop a human rights culture.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47629045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Damages in the Australian human rights context 澳大利亚人权背景下的损害

Australian Journal of Human Rights Pub Date : 2021-05-04 DOI: 10.1080/1323238X.2021.1997093

Ciarán Murphy

引用次数: 0

Children’s rights in adoption from out-of-home care: how well do legislative frameworks accommodate them? 儿童在家庭外收养方面的权利：立法框架在多大程度上适应了这些权利？

Australian Journal of Human Rights Pub Date : 2021-05-04 DOI: 10.1080/1323238X.2021.1996759

Julia M. Zodins, L. Morley, S. Collings, E. Russ

{"title":"Children’s rights in adoption from out-of-home care: how well do legislative frameworks accommodate them?","authors":"Julia M. Zodins, L. Morley, S. Collings, E. Russ","doi":"10.1080/1323238X.2021.1996759","DOIUrl":"https://doi.org/10.1080/1323238X.2021.1996759","url":null,"abstract":"ABSTRACT This paper focuses on the Australian legislative, policy and procedural framework regulating adoption from out-of-home care (OOHC) and the relationship to children’s rights. As a signatory to the United Nations Conventions on the Rights of the Child, Australia has agreed to respect, protect and fulfil children’s rights. However, because child protection is a State and Territory responsibility, these frameworks lack consistency in the way that decisions are made or how children’s interests are protected. We draw on findings from a qualitative study that examined Australian adoption laws and policies and consider how these align with a rights-based approach to adoption from OOHC. These were examined through the lens of values perspectives, which helped clarify how children’s rights including birth family relationships, identity and participation were represented. The results highlighted that some rights were treated in a discretionary manner, key differences in the extent to which jurisdictions protected, respected and fulfiled these rights and the conditions that determined when they were carried out. Notably, some jurisdictions were not adequately adhering to rights related to children’s participation in the adoption process or protecting and respecting rights to identity, culture and family relationships, especially in the context of Aboriginal and Torres Strait Islander people. The findings confirm the need to uphold children’s rights through policy and in practice.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46090833","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0