Rachel Walters, Dwayne Antojado, Matt Maycock, L. Bartels
{"title":"LGBT people in prison in Australia and human rights: A critical reflection","authors":"Rachel Walters, Dwayne Antojado, Matt Maycock, L. Bartels","doi":"10.1177/1037969x241231007","DOIUrl":"https://doi.org/10.1177/1037969x241231007","url":null,"abstract":"This article examines the human rights protections relevant to lesbian, gay, bisexual and/or transgender (‘LGBT’) people in Australian prisons. We commence by addressing some of the inequalities experienced by incarcerated LGBT people, before outlining the relevant international human rights frameworks and their implementation in Australia. We focus on Victoria as a case study, demonstrating that there are limited provisions for LGBT people in prisons, and these provisions are generally not legally enforceable. We conclude by recommending legislative reforms that would increase protections for a particularly vulnerable cohort in the prison environment and promote compliance with Australia’s obligations under international human rights law.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139857361","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}
Rachel Walters, Dwayne Antojado, Matt Maycock, L. Bartels
{"title":"LGBT people in prison in Australia and human rights: A critical reflection","authors":"Rachel Walters, Dwayne Antojado, Matt Maycock, L. Bartels","doi":"10.1177/1037969x241231007","DOIUrl":"https://doi.org/10.1177/1037969x241231007","url":null,"abstract":"This article examines the human rights protections relevant to lesbian, gay, bisexual and/or transgender (‘LGBT’) people in Australian prisons. We commence by addressing some of the inequalities experienced by incarcerated LGBT people, before outlining the relevant international human rights frameworks and their implementation in Australia. We focus on Victoria as a case study, demonstrating that there are limited provisions for LGBT people in prisons, and these provisions are generally not legally enforceable. We conclude by recommending legislative reforms that would increase protections for a particularly vulnerable cohort in the prison environment and promote compliance with Australia’s obligations under international human rights law.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139797698","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 death of Veronica Nelson: Reconsidering the criminalisation of opiate use","authors":"Mark Davison, Patrick Keyzer","doi":"10.1177/1037969x241231378","DOIUrl":"https://doi.org/10.1177/1037969x241231378","url":null,"abstract":"This article considers the preventable death of Veronica Nelson, an Aboriginal woman who had been denied bail and then suffered a terrible death in custody, which was the subject of recent bail reforms and a Coroner's Report that has recommended sweeping reforms to the management of people in custody. This article considers a reform that the Coroner and the Parliament did not, removing the criminal prohibition on opiate use.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139803477","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 death of Veronica Nelson: Reconsidering the criminalisation of opiate use","authors":"Mark Davison, Patrick Keyzer","doi":"10.1177/1037969x241231378","DOIUrl":"https://doi.org/10.1177/1037969x241231378","url":null,"abstract":"This article considers the preventable death of Veronica Nelson, an Aboriginal woman who had been denied bail and then suffered a terrible death in custody, which was the subject of recent bail reforms and a Coroner's Report that has recommended sweeping reforms to the management of people in custody. This article considers a reform that the Coroner and the Parliament did not, removing the criminal prohibition on opiate use.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139863414","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":"Where is the mutilation? Understanding the High Court’s deliberation on FGM in Vaziri and Magennis","authors":"Juliet Rogers","doi":"10.1177/1037969x231225692","DOIUrl":"https://doi.org/10.1177/1037969x231225692","url":null,"abstract":"In 2015, Vaziri and Magennis – the first case on female genital mutilation (FGM) – was prosecuted in Australia. Three people were convicted. In 2018, the NSW Court of Criminal Appeal ruled that the judgment was a ‘potential miscarriage of justice’. The prosecution pushed for ‘leave to appeal’ to the High Court of Australia and for consideration of the meaning of mutilation. The appeal was held in 2019, and the NSWCCA judgment was overturned. In this article, I examine the absence of discussions of male circumcision and female genital cosmetic surgery in this case and ask not only what form of cut produces a legal definition of mutilation, but where this cut must be and on what form of body.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139945657","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":"Late to the table: Australian law and policy on food security","authors":"Liesel Spencer","doi":"10.1177/1037969x231224947","DOIUrl":"https://doi.org/10.1177/1037969x231224947","url":null,"abstract":"Australia has no national food security strategy, and no overarching suite of law and policy to regulate the risks associated with food insecurity. We, as a nation, are long overdue for a comprehensive national response including law and policy to address critical regulatory deficits. This article considers possible explanations as to why food security as a fundamental responsibility of the State has been neglected in Australia and argues for a consistent regulatory response at all tiers of government and between government departments, informed by a national policy.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139148240","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":"Law beyond the glass skyscrapers: Encouraging law students to embrace regional life and practice","authors":"Nadia Hess, M. Giancaspro, David Plater","doi":"10.1177/1037969x231223315","DOIUrl":"https://doi.org/10.1177/1037969x231223315","url":null,"abstract":"The shortage of law graduates outside the city raises adverse implications for access to justice for Australian regional, rural and remote (RRR), and Aboriginal communities. This article discusses an extracurricular educational initiative implemented at the University of Adelaide Law School in 2021 and 2022 geared towards contributing to a solution for this problem. The initiative consisted of a series of immersion and exposure trips throughout regional South Australia for law students with interest in pursuing regional employment. This article discusses the initiative, the pedagogical rationale as well as the impact of the program, providing a blueprint for other universities considering similar initiatives.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138960240","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":"Providing permanent protection to refugees in Australia: Real change or window dressing?","authors":"Monique Failla","doi":"10.1177/1037969x231218016","DOIUrl":"https://doi.org/10.1177/1037969x231218016","url":null,"abstract":"This article argues that the recent changes to Australia’s rolling temporary protection regime do not mark a shift away from Australia’s flawed and unjust asylum system for two key reasons. First, the government did not repeal the temporary protection regime nor the fast track process. Secondly, the changes mobilise and perpetuate the inherent hostility of Australia’s asylum seeker policies targeting ‘irregular arrivals’. This article offers a critical analysis of the design and operation of Australia’s asylum system, as well as an examination of the 2023 changes and the political and journalistic discourse surrounding their announcement.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138598086","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}