Preventive Detention of High Risk Offenders: The Search for Effective and Legitimate Parameters. This Project will provide Australian policymakers with proposals for the management and treatment of high risk offenders that adopt international best practice standards and which are constitutionally valid and consistent with Australia's international legal obligations. It seeks to help safeguard the community from offenders considered at high risk of causing harm.
Autonomy, Liberalism and the Right to Culture. The question of whether or on what terms cultural diversity may be reconciled with liberal citizenship and national identity is among the most pressing issues confronting liberal democracies today. Australia, long committed to multiculturalism, faces this challenge daily in its law- and policy-making. This project tackles this question by offering a new way of thinking about the place and import of the core liberal value of individual autonomy. Now ....Autonomy, Liberalism and the Right to Culture. The question of whether or on what terms cultural diversity may be reconciled with liberal citizenship and national identity is among the most pressing issues confronting liberal democracies today. Australia, long committed to multiculturalism, faces this challenge daily in its law- and policy-making. This project tackles this question by offering a new way of thinking about the place and import of the core liberal value of individual autonomy. Now under considerable attack in political theory and from some groups for being "too sectarian", the project defends the importance of autonomy to liberal citizenship, while elaborating its moral and political implications for liberals and cultural minorities alike.Read moreRead less
A Comparative Analysis of Reparation Schemes for the Gross Violation of Human Rights and Their Applicability to Australian Indigenous Peoples. Reparation schemes for the victims of gross violation of human rights have developed significantly over the last 25 years in various jurisdictions across the world. In Australia there has been a call for reparations for Aboriginal victims of forcible removal from their families (the Stolen Generations). The research aims to (a) analyse the international e ....A Comparative Analysis of Reparation Schemes for the Gross Violation of Human Rights and Their Applicability to Australian Indigenous Peoples. Reparation schemes for the victims of gross violation of human rights have developed significantly over the last 25 years in various jurisdictions across the world. In Australia there has been a call for reparations for Aboriginal victims of forcible removal from their families (the Stolen Generations). The research aims to (a) analyse the international experience of reparations along specific criteria; (b) determine the effectiveness of various approaches and the applicability of various models to the Australian context; (c) determine other practices, policies or events in relation to Australian Indigenous people which might give rise to reparations.Read moreRead less
Non-Discrimination Laws and Religious Freedom: Current Conflicts and Future Directions. Achieving the right balance between adequately protecting religious freedom while staying true to principles of non-discrimination is far from easy. This project will advance understanding and analysis of religious freedom and equal treatment in Australia, in principle, in law and empirically. In the context of community tensions along ethno-religious lines, it will benefit Australia to have the issues at st ....Non-Discrimination Laws and Religious Freedom: Current Conflicts and Future Directions. Achieving the right balance between adequately protecting religious freedom while staying true to principles of non-discrimination is far from easy. This project will advance understanding and analysis of religious freedom and equal treatment in Australia, in principle, in law and empirically. In the context of community tensions along ethno-religious lines, it will benefit Australia to have the issues at stake described and clarified. The project will identify the relevant interests at stake and develop policy recommendations for their protection. The aim is to contribute to inter-religious (and inter-cultural) harmony, as an element of safeguarding Australia.Read moreRead less
International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding ....International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding of the law and policy issues affecting how we treat war crimes and terrorism and by engaging not just with the academic and practitioner community in Australia and internationally, but with government representatives from the Attorney-General's, Foreign Affairs and Defence Departments.Read moreRead less
Defining and Attempting Reconciliation: A Critical Analysis of the Pursuit of Reconciliation in South Africa's Truth and Reconciliation Commission. This project challenges existing accounts of South Africa's confrontation of its apartheid past, by establishing the conceptual significance of 'reconciliation' in its Truth and Reconciliation Commission. Using a perspective informed by the international context of transitional justice, and by comparison with other postcolonial racially-divided soci ....Defining and Attempting Reconciliation: A Critical Analysis of the Pursuit of Reconciliation in South Africa's Truth and Reconciliation Commission. This project challenges existing accounts of South Africa's confrontation of its apartheid past, by establishing the conceptual significance of 'reconciliation' in its Truth and Reconciliation Commission. Using a perspective informed by the international context of transitional justice, and by comparison with other postcolonial racially-divided societies, it tests the hypothesis that restorative justice is more effective than retributive justice. Publication of the findings in a book and articles will illuminate the significance of 'reconciliation' for South Africa's recent political, legal and social history, and for its immediate future. In a larger thematic context, it also offers important applications for Australia.Read moreRead less
Law, Governance and Regulation of Intra-regional Labour Migration in South East Asia: An Agenda for Protection and Development. Safe and effective labour migration in the South East Asian region contributes to the prosperity, security and stability of the region and of Australia's trading partners. This project will contribute to safeguarding Australia by improving our legal and policy responses to people movement and by tackling the problem of transnational crime associated with irregular migra ....Law, Governance and Regulation of Intra-regional Labour Migration in South East Asia: An Agenda for Protection and Development. Safe and effective labour migration in the South East Asian region contributes to the prosperity, security and stability of the region and of Australia's trading partners. This project will contribute to safeguarding Australia by improving our legal and policy responses to people movement and by tackling the problem of transnational crime associated with irregular migration (smuggling) and trafficking. The project will enhance Australia's reputation, leadership and influence in the South East Asian region and will lead to economic and social benefits for Australia through strengthening co-operative relationships and improved prosperity in the region. Read moreRead less
The Impact of Hate Speech Laws on Public Discourse in Australia. 2009 will mark the 20th anniversary of the enactment of the first Australian laws (NSW) directed at the regulation of hate speech. Although hate speech laws are now firmly embedded in Australia's legal landscape, and have been extended in some jurisdictions to vilification based on religious and sexual orientation, they remain a controversial instrument for supporting Australia's policies on multiculturalism, religious tolerance an ....The Impact of Hate Speech Laws on Public Discourse in Australia. 2009 will mark the 20th anniversary of the enactment of the first Australian laws (NSW) directed at the regulation of hate speech. Although hate speech laws are now firmly embedded in Australia's legal landscape, and have been extended in some jurisdictions to vilification based on religious and sexual orientation, they remain a controversial instrument for supporting Australia's policies on multiculturalism, religious tolerance and respect for difference. An examination of the effects of hate speech laws on public discourse - both intended and unintended - will offer valuable insights about the capacity of law to deliver social cohesion in 21st century Australia.Read moreRead less
Caring for Asylum Seekers in Australia: Bioethics and Human Rights. Australia's policy of mandatory detention has been criticised at home and abroad. This research will bring together both empirical and reflective material about that policy by those who have seen its effects first hand, which will make an important contribution to national self-definition. The research process itself will bring together practitioners who have worked in the field, many of whom have expressed the need for recordin ....Caring for Asylum Seekers in Australia: Bioethics and Human Rights. Australia's policy of mandatory detention has been criticised at home and abroad. This research will bring together both empirical and reflective material about that policy by those who have seen its effects first hand, which will make an important contribution to national self-definition. The research process itself will bring together practitioners who have worked in the field, many of whom have expressed the need for recording their experiences, and guidelines as to how to practice in the future when human rights issues form a part of clinical practice. As such, the project will contribute to other areas of healthcare where such issues are present, such as indigenous health, mental health, and the care of other vulnerable populations. Read moreRead less
Art and Human Rights in the Asia-Pacific: The Limits of Tolerance in the Twenty-First Century. The question of human rights is emerging as perhaps the most critical issue of the twenty-first century. This project aims to develop a cross-disciplinary methodology and a set of conceptual frameworks for analysing the interactions between contemporary art and global discourses on human rights in the Asia-Pacific. In the process we address the debate on universality versus cultural specificity in rel ....Art and Human Rights in the Asia-Pacific: The Limits of Tolerance in the Twenty-First Century. The question of human rights is emerging as perhaps the most critical issue of the twenty-first century. This project aims to develop a cross-disciplinary methodology and a set of conceptual frameworks for analysing the interactions between contemporary art and global discourses on human rights in the Asia-Pacific. In the process we address the debate on universality versus cultural specificity in relation to human rights issues, and we seek to place current Australian responses to human rights in the context of the dynamically changing region in which we live.Read moreRead less