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The right to sex: feminism in the twenty-first century 性的权利:二十一世纪的女权主义
Australian Journal of Human Rights Pub Date : 2022-01-02 DOI: 10.1080/1323238X.2022.2051826
L. Anderson, Finola Laughren
{"title":"The right to sex: feminism in the twenty-first century","authors":"L. Anderson, Finola Laughren","doi":"10.1080/1323238X.2022.2051826","DOIUrl":"https://doi.org/10.1080/1323238X.2022.2051826","url":null,"abstract":"compliance is only a small part of the conversation. The language of IHRL and its legal tools can indeed be, and are meant to be, transformative far beyond any specific case. To be sure, the technique of the specific case is what often leverages the broader impact, but the editors allow us to keep our eyes on the larger goal, and not to mistake, as David Kennedy famously put it, work on the field for work on the problem. To human rights advocates and scholars, this volume can be a tremendous help in articulating tactics and strategies through which human rights can live up to its emancipatory potential.","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":"44750907","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
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
{"title":"Brain injury and prison: over-representation, prevention and reform","authors":"M. O’Brien","doi":"10.1080/1323238x.2022.2093462","DOIUrl":"https://doi.org/10.1080/1323238x.2022.2093462","url":null,"abstract":"ABSTRACT People who have suffered a brain injury are significantly over-represented in prisons around the world. Compared to the general population, people in prison are more than five times as likely to have had a brain injury. Brain injuries may have multiple ongoing symptoms which lead to the commission of criminal offences and to inadequate presentation of defences. Police, lawyers, judges and prison staff are largely unaware of an inmate’s brain injury status. The silence of this unrecognised epidemic frequently leads to insufficient treatment and unnecessary and inappropriate disciplinary action. From the perspective of having had a severe traumatic brain injury, I recommend more systematic inmate screening and revision of the training given to police, lawyers, judges and prison staff. People who deal with prisoners should be trained in how to identify and manage the deficits caused by brain injury. Human rights litigation may also be a tool to meet the needs of brain injured inmates. People with brain injuries should not be punished and forgotten.","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":"44846004","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
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
{"title":"Research handbook on compliance in international human rights law","authors":"Lucas Lixinski","doi":"10.1080/1323238X.2022.2032580","DOIUrl":"https://doi.org/10.1080/1323238X.2022.2032580","url":null,"abstract":"","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":"47532346","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
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
{"title":"Spotlight on the gendered impacts of COVID-19 in Australia: a gender matrix analysis","authors":"S. Davies, D. di Piramo","doi":"10.1080/1323238X.2022.2078535","DOIUrl":"https://doi.org/10.1080/1323238X.2022.2078535","url":null,"abstract":"ABSTRACT The gendered impacts of the COVID-19 pandemic in Australia, beyond infection and fatality rates, can be seen across a range of broader social and economic issues including care overload, domestic violence, unemployment and job loss, and housing insecurity. On the whole, government public policy in response to the effects of the COVID-19 pandemic has not adequately addressed or prevented the inevitable gender impacts that have emerged. To what extent did governments have ‘early warning’ of these impacts? Using a matrix methodology to shine a light on a range of COVID-related gender impacts in Australia, this article indicates how the impact of the pandemic was exacerbated by already existing unequal gendered power relations. Our findings, identifiable in real time through news media reports, reveal that these debilitating effects extended to other social identifier groups (for instance, elderly, ethnic minorities, disabled) who were similarly caught up in underlying uneven power relations and structures.","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":"43367896","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
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":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":"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
{"title":"Towards human rights compliance in Australian prisons","authors":"Laura Grenfell","doi":"10.1080/1323238X.2022.2078536","DOIUrl":"https://doi.org/10.1080/1323238X.2022.2078536","url":null,"abstract":"perhaps she does too good of a job at carefully parsing the various axioms, premises, arguments and counter arguments of various feminist tendencies throughout the work, such that what we end up desiring is for her to keep attending to nuances in perpetuity. Srinivasan’s critique of consent as a blunt tool demonstrates that human rights discourse cannot capture the complexity of the politics of desire. While there is no right to sex, this does not preclude desire from the realm of public debate. With her incisive contribution, Srinivasan raises a number of thought-provoking questions that leave us with the productive discomfort of knowing that when it comes to sex, there are no easy choices: desire just isn’t that simple.","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":"45738707","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
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":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":"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
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
{"title":"Engendering torture: the experience of the Committee against Torture","authors":"Felice D. Gaer","doi":"10.1080/1323238x.2021.2020462","DOIUrl":"https://doi.org/10.1080/1323238x.2021.2020462","url":null,"abstract":"ABSTRACT This article traces the development of attention to the role of sex and gender regarding the practice of torture and ill-treatment by the Committee against Torture (CAT), a core UN human rights treaty monitoring body. It traces the experiences of the author during her initial years as a member of the CAT regarding issues of gender and gender-based violations of the Convention against Torture (UNCAT). It shows how an integrationist strategy broadened the scope of the CAT members, particularly with regard to bringing attention to previously invisible violations that women suffer. The article also explains how these interpretations were enshrined in the landmark General Comment No. 2 of the CAT, which consolidates and clarifies the obligations of States parties to the UNCAT.","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":"43721658","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
Making the case for a convention on the human rights of older persons 为制定一项老年人人权公约辩护
Australian Journal of Human Rights Pub Date : 2021-09-02 DOI: 10.1080/1323238X.2021.2009634
W. Mitchell
{"title":"Making the case for a convention on the human rights of older persons","authors":"W. Mitchell","doi":"10.1080/1323238X.2021.2009634","DOIUrl":"https://doi.org/10.1080/1323238X.2021.2009634","url":null,"abstract":"ABSTRACT Andrew Byrnes’s work has furthered the critical analysis of older persons’ human rights within domestic and global contexts. This article examines his significant contribution to scholarly and advocacy discourse in older persons’ human rights and the impact of that work. By reviewing Byrnes’s work across the last decade, this article locates his contribution within the field. The article observes that Byrnes’s approach provides options to reignite a stalled debate and provides a necessary catalyst for re-conceptualising ageing and human rights towards a convention on the rights of older persons.","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":"43738857","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
{"title":"Equal access to social and economic rights in Australia – the troubling case of ParentsNext","authors":"B. Goldblatt","doi":"10.1080/1323238x.2021.2003567","DOIUrl":"https://doi.org/10.1080/1323238x.2021.2003567","url":null,"abstract":"ABSTRACT This reflection considers the slow progress towards domestic recognition of social and economic rights in Australian law and the notable gaps that remain. It focuses on the lack of actionable rights to social security and non-discrimination in relation to a government program called ParentsNext. This legal gap leaves some of the most vulnerable members of our community without protection against policies that impinge on their rights to equality of access to income support.","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":"49336454","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
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