Australian Journal of Human Rights最新文献_第9页

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":"28 1","pages":"21 - 39"},"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

Brain injury and prison: over-representation, prevention and reform 脑损伤与监狱：过度代表、预防和改革

Australian Journal of Human Rights Pub Date : 2022-01-02 DOI: 10.1080/1323238x.2022.2093462

M. O’Brien

引用次数: 1

Research handbook on compliance in international human rights law 遵守国际人权法研究手册

Australian Journal of Human Rights Pub Date : 2022-01-02 DOI: 10.1080/1323238X.2022.2032580

Lucas Lixinski

引用次数: 0

Spotlight on the gendered impacts of COVID-19 in Australia: a gender matrix analysis 聚焦新冠肺炎在澳大利亚的性别影响：性别矩阵分析

Australian Journal of Human Rights Pub Date : 2022-01-02 DOI: 10.1080/1323238X.2022.2078535

S. Davies, D. di Piramo

引用次数: 0

Standardisation instead of litigation: what can human rights advocates learn from consumer protection at the ISO? 标准化代替诉讼:人权倡导者可以从ISO的消费者保护中学到什么?

Australian Journal of Human Rights Pub Date : 2022-01-02 DOI: 10.1080/1323238X.2022.2094214

D. Quiroga-Villamarín

{"title":"Standardisation instead of litigation: what can human rights advocates learn from consumer protection at the ISO?","authors":"D. Quiroga-Villamarín","doi":"10.1080/1323238X.2022.2094214","DOIUrl":"https://doi.org/10.1080/1323238X.2022.2094214","url":null,"abstract":"ABSTRACT Since the late twentieth century, at both the national and international levels, human rights discourse has been a protagonist in condemnations of injustice or in the articulation of alternative visions of a just world. Critical legal scholarship, however, has argued that human rights might offer too little, too late, especially when it comes to issues of economic (re)distribution. In this vein, I explore the possibilities that consumer rights activism offers to both defenders and critics of the international human rights movement. While consumer rights organisations have always felt part and parcel of the human rights movement, perhaps the opposite has not always been the case. Thus, by highlighting the work of Consumers International (CI) at the International Organization for Standardization (ISO), I invite human rights advocates to think of technical standardisation as an alternative strategy to push for social justice, which might be more productive than other current approaches—such as socio-economic rights litigation. Albeit depoliticising, the tools offered by consumer rights are not much more apolitical than those offered by contemporary human rights advocates, and perhaps offer new ways to challenge the distribution of resources from within the belly of the beast.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":"28 1","pages":"40 - 55"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46171459","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

Towards human rights compliance in Australian prisons 促进澳大利亚监狱遵守人权

Australian Journal of Human Rights Pub Date : 2022-01-02 DOI: 10.1080/1323238X.2022.2078536

Laura Grenfell

引用次数: 0

From eliminating discrimination on the ground of sexual orientation to same-sex marriage: the Hong Kong experience 从消除性取向歧视到同性婚姻:香港的经验

Australian Journal of Human Rights Pub Date : 2021-09-02 DOI: 10.1080/1323238X.2021.2017556

J. Chan

{"title":"From eliminating discrimination on the ground of sexual orientation to same-sex marriage: the Hong Kong experience","authors":"J. Chan","doi":"10.1080/1323238X.2021.2017556","DOIUrl":"https://doi.org/10.1080/1323238X.2021.2017556","url":null,"abstract":"ABSTRACT In recognition of Professor Andrew Byrnes’ contribution to promoting gender equality in Hong Kong, this article traces the development of equal treatment of LGBT in Hong Kong. This development is entirely court-led, and the LGBT community has been highly strategic in launching legal attacks. This approach has successfully extended the protection of LGBT’s rights in the last two decades, and the highest court in Hong Kong will soon have to confront the constitutionality of same-sex marriage. In MK v Government of the HKSAR, the Court of First Instance held against the recognition of same-sex marriage or an alternative form of civil partnership. In reviewing this important decision, this article argues that while there are powerful arguments in favour of recognising same-sex marriage, the issue is ultimately one of separation of powers. Given that marriage is deeply rooted in the community’s social and cultural values, this article considers that there is little prospect of successfully arguing for same-sex marriage in Hong Kong in the absence of sufficient social consensus, and that the best bet for Hong Kong is to argue for the recognition of an alternative form of civil partnership. Social consensus should be given less weight in this regard, as civil partnership is to exist alongside and not to replace traditional marriage. There is no evidence that civil partnership will threaten traditional marriage, as Hong Kong used to recognise the co-existence of different forms of marriage for a long time.","PeriodicalId":37430,"journal":{"name":"Australian Journal of Human Rights","volume":"27 1","pages":"442 - 466"},"PeriodicalIF":0.0,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45692619","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

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":"27 1","pages":"422 - 441"},"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

Equal access to social and economic rights in Australia – the troubling case of ParentsNext 澳大利亚平等享有社会和经济权利——ParentsNext令人不安的案例

Australian Journal of Human Rights Pub Date : 2021-09-02 DOI: 10.1080/1323238x.2021.2003567

B. Goldblatt

引用次数: 0

Engendering torture: the experience of the Committee against Torture 造成酷刑:禁止酷刑委员会的经验

Australian Journal of Human Rights Pub Date : 2021-09-02 DOI: 10.1080/1323238x.2021.2020462

Felice D. Gaer

引用次数: 1