Australian Journal of Human Rights最新文献

{"title":"Ending childhood obesity: a challenge at the crossroads of international, economic and human rights law","authors":"T. Gill","doi":"10.1080/1323238X.2023.2187922","DOIUrl":"https://doi.org/10.1080/1323238X.2023.2187922","url":null,"abstract":"discusses the interplay of law, politics, diplomacy, and human rights in terms of four pillars of his reform for human rights in Cambodia—judicial, electoral, parliamentary and land. The personal tone of the last chapter makes it a convincing read, promoting the need for a long-term view of human rights through institutional reforms. Where the book falters, and does so in an inimical fashion, is the brushing aside of systematic subjugation of Dalits through the caste system. The book acknowledges that Manusmriti, the scripture the author extensively cites, as the sourceof codificationof the rigid anddiscriminatory caste system, but repeatedly tries to assert the narrative that discriminationwas not the original purpose of the caste system. The book espouses the brahmanical worldview, wherein a false dichotomy is created between tolerant, pluralistic, inclusive, non-violent, and libertine nature of a society and the violent discrimination and oppression which the majority Dalit population face. Merely allowing people to exist, with economic, cultural, political, and social subjugation is neither tolerance, nor pluralism, nor non-violent, nor libertine. One would expect that a book exploring the interactions between human rights and Hinduism would analyse such inherent contradictions in the limelight of extensive literature on caste-based human rights violation, to the minimum from the Ambedkarite school of thought, but the book offers none. Overall, the book offers a perspective on the interaction of human rights, as we understand them today, with Hinduism and Buddhism, and contemporary human rights issues around China and Cambodia. The niche nature of the book might lead to it becoming a primer for western audiences aiming to critically analyse the intersection of human rights and eastern theology from a brahmanical lens. The rich and candid offering of Subedi’s thought processes during his tenure as a principled and brave UN Human Rights Special Rapporteur, as highlighted in the last chapter, is unparalleled and it is this section alone that stands highly recommended for historians, political scientists, social anthropologists, human rights academics, and activists focussing on Cambodia.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":"29 1","pages":"182 - 187"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42685817","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}

{"title":"Rethinking ‘regional processing’ in Europe: lessons from the Comprehensive Plan of Action (CPA) for indochinese refugees","authors":"Riona Moodley","doi":"10.1080/1323238X.2023.2197708","DOIUrl":"https://doi.org/10.1080/1323238X.2023.2197708","url":null,"abstract":"ABSTRACT Since the Syrian refugee crisis in 2015–2016, debate has persisted over the creation of more accessible legal pathways for asylum seekers to reach Europe, particularly during large-scale and protracted refugee situations. This has included the possibility of the European Union processing the protection claims of asylum seekers in transit countries or regions of origin before they reach Europe. Assuming that such arrangements are made without prejudice to the right to claim territorial asylum in Europe or elsewhere, in theory, regional processing could help reduce the risks associated with the onward movement of asylum seekers and migrants and facilitate more predictable movements of people during large-scale refugee situations. But what could or should a ‘regional processing’ framework entail for it to be compatible with international human rights law principles? This paper considers this question by drawing practical insights from the Comprehensive Plan of Action for Indochinese Refugees, which was the first international attempt to introduce region-wide processing during the Indochinese refugee crisis in the 1970s–1980s. Through an evaluation of the Plan, this paper explores how ‘regional processing’ might be re-conceptualised to expand protection pathways to Europe and inform a protection-orientated approach to international cooperation on asylum and migration.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":"29 1","pages":"141 - 159"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47118078","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}

{"title":"Disability assessments and the algorithmic veil: lessons from the abandoned ‘independent assessments’ proposal for the National Disability Insurance Scheme","authors":"P. Gooding, Annabelle West","doi":"10.1080/1323238X.2023.2203536","DOIUrl":"https://doi.org/10.1080/1323238X.2023.2203536","url":null,"abstract":"ABSTRACT Standardised approaches to disability assessment or social security eligibility are not new. However, experiments in novel algorithmic approaches to assessment are beginning to appear. This article examines a proposed algorithmic assessment—dubbed ‘independent assessments’—under Australia’s National Disability Insurance Scheme (‘NDIS’), which sought to narrow and standardise eligibility criteria for the Scheme. The proposal was ultimately abandoned following sustained public backlash. Yet, disability assessment will continue to face change and contestation, making it timely to consider the abandoned proposal, including through a rights-based lens. The ‘independent assessment’ proposal appeared to violate the Convention on the Rights of Persons with Disabilities (‘CRPD’) on several fronts, including being overly standardised and impairment focused in ways that were contrary to the social model of disability that strongly influenced the CRPD. The assessment proposal lacked a clear review mechanism to appeal outcomes and relied on a narrow pool of outsourced professionals to undertake the assessment to the exclusion of input by the person’s own support specialists. Inattention to socio-cultural difference also raised concerns, particularly regarding Indigenous people with disabilities. This article concludes by asking what a rights-based disability assessment looks like, while critically examining the limits of a narrow focus on disability assessment methodology.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":"29 1","pages":"44 - 64"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49414356","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}

{"title":"The functions of modern slavery law: exploring the diverse expectations of New Zealand actors","authors":"Selwyn Coles","doi":"10.1080/1323238X.2023.2232126","DOIUrl":"https://doi.org/10.1080/1323238X.2023.2232126","url":null,"abstract":"ABSTRACT Building off fresh empirical research, including 15 interviews, this paper explores the diverse hopes and expectations that local actors articulated for anticipated new modern slavery legislation in New Zealand. It particularly highlights the expectations of three groups—civil society, the business sector and Government—who comprise the key actors driving the modern slavery law discussions forward. What emerges is a complex picture of competing and even conflicting expectations; sometimes made explicit, other times operating beneath the surface. The empirical evidence on the various expectations is then categorised in terms of the rich literature on the functions of law. Five core functions of modern slavery law are identified: the direct, expressive, symbolic, geopolitical and commercial functions. The paper identifies several policy implications of these diverse expectations and concludes with a call for greater clarity over what the law intends to achieve and how effectiveness should be measured.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":"29 1","pages":"103 - 120"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47934033","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}

{"title":"Marginalisation and human rights in Southeast Asia","authors":"Asyharul Muala, A. Tijani, Sapendi","doi":"10.1080/1323238X.2023.2191374","DOIUrl":"https://doi.org/10.1080/1323238X.2023.2191374","url":null,"abstract":"In many respects, the book—while highly informative, very well researched, timely and an important work to read for those who are part of the movement for change—leaves us with a sense of exhaustion. When writing this review, I deleted and then added, then deleted the term ‘alleged’ (as in ‘alleged victim’) constantly. Despite the gravity of a woman’s claims and the commitments made by governments to protect women from gender-based violence and guarantee the right of women to speak, a woman is not a victim until the law says she is. There are redacted passages throughout the book, a reflection of the legal risks that women face when they speak out which are also a challenge for the authors who help tell their stories. These redactions are also a visually effective tool to demonstrate how much power law still holds—too much power. At the same time, How Many More Women prompts action and I am left returning to my usual reflections on how we can use the ‘master’s tools’ to make law more responsive to women’s lived experiences. The book is a recommended read for anyone trying to better understand one of the many challenges women face in accessing justice and adds more fuel for those up for the challenge of determining how the law and legal systems can better serve all women by adequately giving meaning to their lived experiences.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":"29 1","pages":"191 - 194"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47212947","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}

{"title":"Epistemic injustice and remedy: Can BHR ever really ‘centre’ rights holders?","authors":"Karen D. McDonnell","doi":"10.1080/1323238X.2023.2221175","DOIUrl":"https://doi.org/10.1080/1323238X.2023.2221175","url":null,"abstract":"ABSTRACT The UN Guiding Principles on Business and Human Rights (UNGPs) encourage the use of non-judicial grievance mechanisms (NJGMs) as complementary avenues to litigation for remedying corporate human rights abuses. However, remedy through NJGMs remains challenging. Despite a growing narrative around ‘putting rights holders at the centre’ of remedy and accountability, critiques of the corporate influence in the field of business and human rights (BHR) remain. This paper argues that the conceptual language of epistemic injustice has much to offer BHR. Focusing on remedy through NJGMs through an epistemic injustice lens, it identifies select entry points for deeper examination. The concept of epistemic injustice can help identify exercises of discursive power and practices of marginalisation in deliberative spaces, which may explain gaps between increased numbers of participants in BHR spaces and the lack of change in their lived experiences. It can help point to where and how barriers to remedy are being reproduced, and it offers additional language for rights holders to articulate specific types of harms experienced in these settings. If BHR truly aims to put rights holders at the centre, the BHR community has an ethical obligation to interrogate and address epistemic injustice both at the individual and structural levels.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":"29 1","pages":"84 - 102"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47793263","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}

{"title":"Neurotechnology and human rights: developments overseas and the challenge for Australia","authors":"Allan McCay","doi":"10.1080/1323238x.2023.2221487","DOIUrl":"https://doi.org/10.1080/1323238x.2023.2221487","url":null,"abstract":"Recent neurotechnological advancements have attracted the attention of human rights scholars, national legislatures and organisations such as the United Nations Human Rights Council. Debate is taking place about whether domestic and international frameworks require modification to address the emerging issues. However, in Australia there is little work focussing on such challenges. This paper outlines what neurotechnology is and draws attention to international developments before arguing that Australian scholars and human rights bodies should address neurotechnology. It concludes by identifying ways that this might be done.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135799840","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}

{"title":"COVID-19 passports and refugees: an emerging border technology of exclusion and mobility injustice","authors":"S. Dehm, C. Loughnan","doi":"10.1080/1323238X.2022.2155032","DOIUrl":"https://doi.org/10.1080/1323238X.2022.2155032","url":null,"abstract":"ABSTRACT The global COVID-19 pandemic has seen unprecedented state border closures and a proliferation of novel restrictions on human mobility both within and between states. This article examines the human rights implications for refugees and asylum seekers of one COVID-19 response measure within and beyond Australia: namely, the adoption of COVID-19 vaccination passport systems. We argue that the use of COVID-19 passport systems in 2021 intensified and entrenched the growing inequalities between states and people in the vaccine-rich Global North and vaccine-deprived Global South as well as between citizens and non-citizens within particular states. Using the concepts of ‘mobility injustice’ and ‘immunoprivilege’, we explore how COVID-19 passport systems created particular additional barriers for refugees to access asylum, to exercise their right to mobility and to realise their right to health. We thus call for ongoing vigilance against the potential for COVID-19 passport systems to be redeployed in future times of global pandemics or emergencies to the detriment of refugees, asylum seekers and undocumented people, both in Australia and globally, even while being touted as a means of protecting populations, opening international travel and granting greater freedoms.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":"28 1","pages":"366 - 387"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47841088","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}

{"title":"On tables, doors and listening spaces: parliamentary human rights scrutiny processes and engagement of others","authors":"S. Mulcahy, Kate Seear","doi":"10.1080/1323238X.2022.2135677","DOIUrl":"https://doi.org/10.1080/1323238X.2022.2135677","url":null,"abstract":"ABSTRACT\u0000 According to some scholars, it is essential that parliamentary human rights scrutiny processes allow for engagement with and scrutiny from civil society actors. There has, however, been limited examination of how parliamentary human rights scrutiny processes unfold in Australia. Where does the work of rights scrutiny take place, who has a seat at the table, and how, precisely, does scrutiny work unfold? In this paper, we explore these questions, drawing on in-depth qualitative interviews conducted with former and current members of parliament, their staff and others directly involved in the scrutiny process. We explore their accounts of the scrutiny process, focusing on their descriptions of where and how committees do their work, who is at the table, who speaks and who listens. Drawing on Kay Lalor’s work on listening and Sara Ahmed’s work on being at the table, we consider how stakeholders attribute significance to doors, tables, speaking and listening. We argue that the different spaces and voices at play have a crucial role in establishing human rights norms within parliament; in other words, human rights is shaped by spaces and voices. This has implications for the credibility, integrity and rigour of parliamentary human rights scrutiny processes.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":"28 1","pages":"286 - 307"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46340505","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}

{"title":"There was an old lady who swallowed a fly: progressively more troubling amendments to the Australian Migration Act","authors":"Lillian Robb","doi":"10.1080/1323238X.2022.2130682","DOIUrl":"https://doi.org/10.1080/1323238X.2022.2130682","url":null,"abstract":"ABSTRACT The Migration Amendment (Clarifying International Obligations for Removal) Act 2021 sought to remedy failures of previous amendments contained in the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014. Despite both amendments, the Migration Act 1958 continues to provide for the indefinite detention of non-citizens, an existing human rights concern which the later amending legislation had sought to address. This paper illustrates how the enactment of these amendments constitutes poorly conceived quick fixes that exacerbate rather than remedy Australia’s breaches of international obligations. Akin to the oft repeated nursery rhyme ‘there was an old lady who swallowed a fly’, then a spider to catch the fly, and a bird to catch the spider, the series of amendments discussed fail to address the initial problem—indefinite detention—while each exacerbates that failure with increasingly complex yet ineffective solutions. This paper argues that amending the fundamental failure of the Australian Migration Act to offer protection to non-citizens owed non-refoulement obligations requires more than changes to s 197C introduced in later amendments. It requires changes to the ‘good character’ provisions contained in ss 36 and 501 to ensure that individuals owed non-refoulement obligations by Australia are granted protection visas.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":"28 1","pages":"329 - 346"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42277491","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}