Australian Journal of Human Rights最新文献_第8页

Expanding durable solutions for refugees: possibilities for developing education pathways in Australia 扩大难民的持久解决方案：在澳大利亚发展教育途径的可能性

Australian Journal of Human Rights Pub Date : 2022-09-02 DOI: 10.1080/1323238x.2022.2131506

R. Evans, S. Baker, Tamara Wood

{"title":"Expanding durable solutions for refugees: possibilities for developing education pathways in Australia","authors":"R. Evans, S. Baker, Tamara Wood","doi":"10.1080/1323238x.2022.2131506","DOIUrl":"https://doi.org/10.1080/1323238x.2022.2131506","url":null,"abstract":"ABSTRACT As the number of people forced to flee their homes continues to grow each year, traditional legal frameworks for protecting those who move, such as refugee and human rights law, are increasingly under strain. The limited scope of these frameworks, and diminishing political will to implement them, leave countless refugees and other forced migrants with little chance of finding long-term safety and rebuilding their lives. It is increasingly apparent that traditional refugee resettlement programs offered by countries such as Australia are not enough. In this article, we offer a comparative document analysis of the options for developing dedicated higher education migration pathways (education pathways) for refugees as a ‘complement’ to refugee resettlement in Australia. First, we discuss the limited availability of resettlement spaces and higher education opportunities for refugees. Second, we explore complementary ‘education pathways’ as a potential solution to these problems. Third, we critically examine several such pathways already underway in Canada, Mexico and Japan. Lastly, we consider potential models that could be utilised in Australia, and how they would, or could, interact with Australia’s existing humanitarian programs.","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":"47170669","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

Across the stile: a public health researcher’s reflections on ‘Governance Feminism’ 跨界:一位公共卫生研究人员对“治理女性主义”的思考

Australian Journal of Human Rights Pub Date : 2022-08-28 DOI: 10.1080/1323238x.2022.2109822

Josyula K. Lakshmi

引用次数: 0

Historic feminist intervention at the International Criminal Court—the appeals hearing in Prosecutor v Dominic Ongwen 国际刑事法院历史性的女权主义干预——检察官诉多米尼克·翁格文的上诉听证会

Australian Journal of Human Rights Pub Date : 2022-01-02 DOI: 10.1080/1323238X.2022.2076547

M. O’Brien, I. Rosenthal, R. Grey

引用次数: 0

Australia joins the ‘global Magnitsky movement’ 澳大利亚加入“全球马格尼茨基运动”

Australian Journal of Human Rights Pub Date : 2022-01-02 DOI: 10.1080/1323238x.2022.2078475

Catherine Parsons

引用次数: 0

A proportionate response is the maximal one? Economic and social rights during the pandemic 适度的回应是最大的回应吗？疫情期间的经济和社会权利

Australian Journal of Human Rights Pub Date : 2022-01-02 DOI: 10.1080/1323238X.2022.2120346

Heli Askola

引用次数: 0

David Bilchitz’s ‘Fundamental Rights and the Legal Obligations of Business’ David Bilchitz的“企业的基本权利和法律义务”

Australian Journal of Human Rights Pub Date : 2022-01-02 DOI: 10.1080/1323238X.2022.2124503

Selwyn Coles

引用次数: 0

Toward constructive harmonisation of Islamic family law and CEDAW: a study on the UAE’s reservation to CEDAW Article 16 and equal rights to marriage and family relations 促进伊斯兰家庭法与《消除对妇女一切形式歧视公约》的建设性协调：关于阿联酋对《消除对消除对妇女歧视公约》第16条以及婚姻和家庭关系平等权利的保留意见的研究

Australian Journal of Human Rights Pub Date : 2022-01-02 DOI: 10.1080/1323238X.2022.2122689

Z. Jaffal, Faisal Shawabkeh, Ali Hadi Al Obeidi

{"title":"Toward constructive harmonisation of Islamic family law and CEDAW: a study on the UAE’s reservation to CEDAW Article 16 and equal rights to marriage and family relations","authors":"Z. Jaffal, Faisal Shawabkeh, Ali Hadi Al Obeidi","doi":"10.1080/1323238X.2022.2122689","DOIUrl":"https://doi.org/10.1080/1323238X.2022.2122689","url":null,"abstract":"ABSTRACT The purpose of this study is to provide an evaluation of the United Arab Emirates’ (UAE) reservations to the Convention on the Elimination of All Forms of Discrimination against Women’s (CEDAW) Article 16 through the frame of constructive harmonisation between Islamic family law and CEDAW. It has been divided into two sections: firstly, women’s rights in Islamic family law, and secondly, the UAE’s reservation to CEDAW Article 16 and equal rights to marriage and family relations. The study concluded that gender equality under CEDAW and the complementarity principle of Shari’ah are two different concepts, since complementarity includes gender differences, but equality does not. According to the study, both concepts can be helpful in identifying areas of harmonisation since most Arab countries, including UAE, have enacted or amended laws that interpret Shari’ah in a way that is compatible with Human rights treaties, including CEDAW. As a result, the UAE may not be able to maintain most of its CEDAW reservations, including Article 16.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47432112","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

Deprivation of liberty on distant water fishing fleets: a new impetus for the OPCAT monitoring? 剥夺远洋捕鱼船队的自由：《禁止酷刑公约》监测工作的新动力？

Australian Journal of Human Rights Pub Date : 2022-01-02 DOI: 10.1080/1323238X.2022.2099629

P. Doubek

{"title":"Deprivation of liberty on distant water fishing fleets: a new impetus for the OPCAT monitoring?","authors":"P. Doubek","doi":"10.1080/1323238X.2022.2099629","DOIUrl":"https://doi.org/10.1080/1323238X.2022.2099629","url":null,"abstract":"ABSTRACT Detention monitoring under the Optional Protocol to the UN Convention against Torture is today broadly considered as covering a plethora of non-traditional places, including but not limited to various care facilities, institutions for children or migrant shelters. The COVID-19 pandemic has further shown that there is an abundance of public health measures that likely involve a deprivation of personal liberty. In addition to the challenges brought by the world’s pandemic, there remain primordial man-made ‘illnesses’ such as workers’ exploitation, forced labour, slavery and trafficking in person that likewise concerns deprivation of liberty and ill-treatment. This is especially true for documented prison-like conditions on distant water fishing fleets where workers are confined to the physical boundaries of the ship and could not leave the terrible conditions to which they are often subjected. Therefore, a question has emerged as to what elements constitute the ‘place of detention’ under the Optional Protocol and what is the extent of detention monitoring? Examining the use of the OPCAT on the specific situation of ill-treatment on Taiwan fishing fleets is believed to put some flash to the ongoing discussion and clarify further the monitoring mandate of the National Preventive Mechanism.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44642864","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

Becoming an internally displaced person in Australia: state border closures during the COVID-19 pandemic and the role of international law on internal displacement 成为澳大利亚境内流离失所者：新冠肺炎大流行期间国家边境关闭以及国际法在国内流离失所问题上的作用

Australian Journal of Human Rights Pub Date : 2022-01-02 DOI: 10.1080/1323238x.2022.2094538

Kate Ogg, O. Simić

{"title":"Becoming an internally displaced person in Australia: state border closures during the COVID-19 pandemic and the role of international law on internal displacement","authors":"Kate Ogg, O. Simić","doi":"10.1080/1323238x.2022.2094538","DOIUrl":"https://doi.org/10.1080/1323238x.2022.2094538","url":null,"abstract":"ABSTRACT In response to COVID-19, Australian state and territories have, at various times, restricted entry to returning residents. Consequently, many people have been unable to return to their homes, some for significant periods. While there have been discussions of the human rights implications of COVID-19 international travel bans and lockdowns, there has been little consideration of the application of international human rights law to those stranded by internal border closures. In this paper, we contend that these ‘stranded’ people are internally displaced persons (‘IDPs’) within the meaning of international law and examine how international law on internal displacement can inform domestic human rights law and processes. In doing so, this paper contributes to scarce scholarship on IDPs in higher-income nation-states and internal displacement associated with pandemics. We argue that while internal border closures were implemented to reduce the spread of COVID-19, the nature of the restrictions and the manner in which they were implemented were a disproportionate interference with rights to freedom of movement, family unity, education, healthcare and culture. Our analysis has lessons for responses to disaster displacement (a phenomenon likely to increase with acceleration of climate change), future pandemics and central themes in international scholarship on IDP protection.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42548830","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

When ill is not ill enough—timeframe until expected death restrictions in Australian Voluntary Assisted Dying laws and human rights compatibility 当病还不够时——澳大利亚自愿协助死亡法和人权兼容性中预期死亡限制的时间框架

Australian Journal of Human Rights Pub Date : 2022-01-02 DOI: 10.1080/1323238x.2022.2109821

Kerstin Braun

{"title":"When ill is not ill enough—timeframe until expected death restrictions in Australian Voluntary Assisted Dying laws and human rights compatibility","authors":"Kerstin Braun","doi":"10.1080/1323238x.2022.2109821","DOIUrl":"https://doi.org/10.1080/1323238x.2022.2109821","url":null,"abstract":"ABSTRACT In the past, aiding another person in ending their life or taking the life of another, even upon their request and with their consent, gave rise to criminal liability in all Australian jurisdictions. Consequently, neither doctors nor relatives could lawfully assist someone in dying. Since 2017, five Australian jurisdictions have introduced Voluntary Assisted Dying (‘VAD’) Acts allowing eligible individuals to end their lives with assistance. A person seeking access to VAD in Victoria, Western Australia, Tasmania, South Australia and Queensland must meet specific eligibility requirements including be diagnosed with a disease, illness or medical condition which is advanced, progressive and is expected to cause death within a specific timeframe ranging from six to 12 months depending on the jurisdiction. Using Queensland as an exemplar, this article analyses whether the VAD timeframe until death restriction limits individual human rights in Australian jurisdictions with human rights legislation and contemplates whether potential limitations are reasonable and justified. The article concludes that due to its severe impact on individuals wishing to end their life with assistance, the restriction is raising severe concerns about its human rights compatibility.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49283488","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