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Faculty of Law, Humanities and the Arts - Papers (Archive)

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Pinkwashing The Past: Gay Rights, Military History And The Sidelining Of Protest In Australia, Tanja Dreher Jan 2016

Pinkwashing The Past: Gay Rights, Military History And The Sidelining Of Protest In Australia, Tanja Dreher

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper explores the implications of the militarisation of Australian history and the dilemmas of increasing public support for same-sex marriage in Australia at a time of renewed assaults on Indigenous rights, austerity measures and the silencing of dissent. The paper analyses the celebratory rhetoric which increasingly typifies both marriage equality campaigns and the commemoration of Australia's First World War or 'Anzac' history in popular media and public debate. Against the confluence between ongoing debates on same-sex marriage and the 'Anzac myth', I highlight four key challenges: the silencing of dissent; forgetting of the Frontier Wars; untold stories of civil …


Putting A Face To A Name: Visualising Human Rights, Vera Mackie Jan 2014

Putting A Face To A Name: Visualising Human Rights, Vera Mackie

Faculty of Law, Humanities and the Arts - Papers (Archive)

In this essay, I focus on a text which attempts to deal with human rights issues in an accessible media format, Kälin, Müller and Wyttenbach’s book, The Face of Human Rights. I am interested in this text as an attempt to translate between different modes of communicating about human rights, which we might call the academic mode, the bureaucratic mode, the activist mode and the popular media mode. There are significant gaps between the academic debates on human rights, the actual language and protocols of the bodies devoted to ensuring the achievement of basic human rights, the language of activists, …


Submission To United Nations Committee On The Rights Of Persons With Disabilities Draft General Comment On Article 12 – Equal Recognition Before The Law, Fleur Beaupert, Linda Roslyn Steele Jan 2014

Submission To United Nations Committee On The Rights Of Persons With Disabilities Draft General Comment On Article 12 – Equal Recognition Before The Law, Fleur Beaupert, Linda Roslyn Steele

Faculty of Law, Humanities and the Arts - Papers (Archive)

We support the Draft General Comment on Article 12 – Equal Recognition Before the Law (‘Draft General Comment’). Our submission is primarily concerned with drawing the Committee’s attention to issues around mental capacity. We argue that despite the Committee’s urging in the Draft General Comment for a split between legal capacity and mental capacity, mental capacity (and the related disciplines, professions, institutions and practices of psychology, psychiatry and neuropsychology through which mental capacity is defined and assessed) will continue to have cultural and material significance to the realisation of article 12 and the human rights of people with disability generally. …


Developments In The Right To Defence For Juvenile Offenders Since Vietnam’S Ratification Of The Convention On The Rights Of The Child, Thi Thanh Nga Pham Jan 2014

Developments In The Right To Defence For Juvenile Offenders Since Vietnam’S Ratification Of The Convention On The Rights Of The Child, Thi Thanh Nga Pham

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article examines Vietnam’s legal changes and law enforcement practices in regards to the right to defence of juvenile offenders since Vietnam ratified the United Nations Convention on the Rights of the Child in 1990. A combination of research methods is employed, including document analysis, statistical analysis, and selected case studies. The findings of the research indicate that Vietnam has demonstrated considerable improvement in acknowledging the right to defence of juvenile offenders in its law. The contemporary Vietnamese regulations are similar to the CRC’s requirements about legal assistance for juvenile offenders. The implementation of the law, however, confronts difficulties as …


The Establishment Of Juvenile Courts And The Fulfilment Of Vietnam's Obligations Under The Convention On The Rights Of The Child, Thi Thanh Nga Pham Jan 2014

The Establishment Of Juvenile Courts And The Fulfilment Of Vietnam's Obligations Under The Convention On The Rights Of The Child, Thi Thanh Nga Pham

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article situates child protection by Vietnam’s judicial bodies in relation to the requirements of the Convention on the Rights of the Child and other international instruments in juvenile justice. It demonstrates that Vietnam’s legislation and practices do not fully comply with international standards and that there remains a significant gap between the letter of the law and its implementation. Party-government policy on judicial reform, however, creates the potential for establishing juvenile courts in Vietnam. The feasibility of such juvenile courts, and the implications for Vietnam meeting its obligations under the Convention, are also surveyed.


Extensive Food Adulteration In Bangladesh: A Violation Of Fundamental Human Rights And The State’S Binding Obligations, S M. Solaiman, Abu Noman Mohammad Atahar Ali Jan 2014

Extensive Food Adulteration In Bangladesh: A Violation Of Fundamental Human Rights And The State’S Binding Obligations, S M. Solaiman, Abu Noman Mohammad Atahar Ali

Faculty of Law, Humanities and the Arts - Papers (Archive)

© The Author(s) 2014. The right to life is inherently connected with the right to food which implies that any foodstuff be nutritious and safe. The government of Bangladesh bears binding obligations to protect these rights under both international human rights instruments and its national constitution. The violation of these rights has, nonetheless, been commonplace causing numerous human deaths and terminal diseases. The perpetrators have been adulterating foods, flouting laws with impunity and taking advantage of regulatory impotence and governmental lenience for decades. Laws exist in books, regulators subsist in theory, but consumers die without remedies. This situation must not …


Introduction: Ways Of Knowing About Human Rights In Asia, Vera C. Mackie Jan 2013

Introduction: Ways Of Knowing About Human Rights In Asia, Vera C. Mackie

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Universal Declaration of Human Rights (UDHR) was adopted on 10 December 1948 by the United Nations General Assembly. We have thus seen 65 years of the international project of addressing human rights issues at a global level through the United Nations and associated organisations. Human rights occupy a paradoxical place in international politics. Human rights treaties address the most intimate issues of personal freedom, autonomy and self-determination, but the institutions developed for the promotion of human rights operate at a global level seemingly distanced from this intimate and individual scale. In human rights advocacy there is thus constant mediation …


Rampant Food Adulteration In Bangladesh: Gross Violations Of Fundamental Human Rights With Impunity, S M. Solaiman, Abu Noman Mohammad Atahar Ali Jan 2013

Rampant Food Adulteration In Bangladesh: Gross Violations Of Fundamental Human Rights With Impunity, S M. Solaiman, Abu Noman Mohammad Atahar Ali

Faculty of Law, Humanities and the Arts - Papers (Archive)

Food adulteration in Bangladesh is rampant and an increasingly serious concern for its residents. Several studies including those of the Directorate General of Health Services reveal that hundreds of people are getting killed every year eating adulterated foodstuffs and no one seems to have any real concern about such a life-threatening wrongful act. Food adulteration is criminally prohibited, but the wrongdoers care little about this proscription simply because of the continued apathy of the governmental agencies concerned and implicit acceptance or insensible ignorance of consumers. However, the current fragmented legal and regulatory regime for food safety in Bangladesh falls short …


Beyond The Visible: Perceptions Of Human Rights In Timor-Leste Street Art, Marisa Ramos Gonçalves Jan 2012

Beyond The Visible: Perceptions Of Human Rights In Timor-Leste Street Art, Marisa Ramos Gonçalves

Faculty of Law, Humanities and the Arts - Papers (Archive)

Murals and graffiti are part of the landscape of the cities and villages of Timor-Leste. Some portray violent events and their legacy from the Indonesian occupation; others celebrate the achievement of independence and Timorese identity. During the 2006 crisis the walls 'shouted' words of frustration at the political leadership of the country due to the political violence which ensued after the dismissal of petitioner soldiers' from the armed forces. Visual analysis of street art in Timor-Leste is part of the initial stage of a PhD research project on Intergenerational perceptions of human rights in Timor-Leste, which will use focus groups …