Australian Journal of Human Rights最新文献_第6页

Rethinking ‘regional processing’ in Europe: lessons from the Comprehensive Plan of Action (CPA) for indochinese refugees

Australian Journal of Human Rights Pub Date : 2023-01-02 DOI: 10.1080/1323238X.2023.2197708

Riona Moodley

{"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":null,"pages":null},"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}

引用次数: 0

Disability assessments and the algorithmic veil: lessons from the abandoned ‘independent assessments’ proposal for the National Disability Insurance Scheme 残疾评估和算法面纱：国家残疾保险计划被放弃的“独立评估”提案的教训

Australian Journal of Human Rights Pub Date : 2023-01-02 DOI: 10.1080/1323238X.2023.2203536

P. Gooding, Annabelle West

{"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":null,"pages":null},"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}

引用次数: 0

Marginalisation and human rights in Southeast Asia 东南亚的边缘化与人权

Australian Journal of Human Rights Pub Date : 2023-01-02 DOI: 10.1080/1323238X.2023.2191374

Asyharul Muala, A. Tijani, Sapendi

{"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":null,"pages":null},"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}

引用次数: 0

Epistemic injustice and remedy: Can BHR ever really ‘centre’ rights holders? 认识上的不公正和补救：BHR真的能“中心化”权利持有人吗？

Australian Journal of Human Rights Pub Date : 2023-01-02 DOI: 10.1080/1323238X.2023.2221175

Karen D. McDonnell

{"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":null,"pages":null},"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}

引用次数: 0

Neurotechnology and human rights: developments overseas and the challenge for Australia 神经技术和人权:海外发展和澳大利亚面临的挑战

Australian Journal of Human Rights Pub Date : 2023-01-02 DOI: 10.1080/1323238x.2023.2221487

Allan McCay

引用次数: 0

COVID-19 passports and refugees: an emerging border technology of exclusion and mobility injustice COVID-19护照和难民:新兴的排斥和流动不公正的边境技术

Australian Journal of Human Rights Pub Date : 2022-09-02 DOI: 10.1080/1323238X.2022.2155032

S. Dehm, C. Loughnan

{"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":null,"pages":null},"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}

引用次数: 1

On tables, doors and listening spaces: parliamentary human rights scrutiny processes and engagement of others 在桌子、门和倾听空间：议会人权审查程序和其他人的参与

Australian Journal of Human Rights Pub Date : 2022-09-02 DOI: 10.1080/1323238X.2022.2135677

S. Mulcahy, Kate Seear

{"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":null,"pages":null},"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}

引用次数: 0

There was an old lady who swallowed a fly: progressively more troubling amendments to the Australian Migration Act 有一个吞了一只苍蝇的老太太:澳大利亚移民法的修正案越来越令人不安

Australian Journal of Human Rights Pub Date : 2022-09-02 DOI: 10.1080/1323238X.2022.2130682

Lillian Robb

{"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":null,"pages":null},"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}

引用次数: 0

Deciphering Australia’s encryption laws: a human rights approach 解读澳大利亚加密法:一种人权途径

Australian Journal of Human Rights Pub Date : 2022-09-02 DOI: 10.1080/1323238x.2022.2157674

Kate Thresher

{"title":"Deciphering Australia’s encryption laws: a human rights approach","authors":"Kate Thresher","doi":"10.1080/1323238x.2022.2157674","DOIUrl":"https://doi.org/10.1080/1323238x.2022.2157674","url":null,"abstract":"ABSTRACT New and emerging technologies bring both challenges and opportunities for human rights and society more broadly. This article argues that governments should take a human rights focused approach in responding to the challenges posed by new technologies. Encryption provides a pertinent example of this. After demonstrating that the right to privacy applies in the digital world, this article discusses the importance of encryption in securing privacy in digital contexts. The benefits of encryption are, however, weighed against its potential misuse for crime and other malicious purposes. In an attempt to regulate this potential misuse, Australia introduced the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth). Considering new data on the operation of the legislation since its commencement, this article assesses the compatibility of the regime with Australia’s international human rights obligations with respect to the right to privacy under the International Covenant on Civil and Political Rights. In doing so, this article demonstrates that key concerns around proportionality remain, making the Assistance and Access Act unlikely to be a permissible limitation on the right to privacy.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42039402","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

Network activity, account takeover and data disruption warrants: how novel law enforcement powers impact media freedom 网络活动、账户接管和数据破坏授权:新的执法权力如何影响媒体自由

Australian Journal of Human Rights Pub Date : 2022-09-02 DOI: 10.1080/1323238X.2022.2135258

Sarah Kendall, Dominic Frost

引用次数: 0