Combating sexual violence against women post-conflict through ‘transformative’ reparations: problems and prospects. Sexual violence in post-conflict settings is disproportionately experienced by women. Identifying innovative approaches to address this critical global problem is an urgent task. International justice advocates have identified reparations as a tool to ‘transform’ the conditions underlying the violence and to prevent its recurrence. As the International Criminal Court and other trib ....Combating sexual violence against women post-conflict through ‘transformative’ reparations: problems and prospects. Sexual violence in post-conflict settings is disproportionately experienced by women. Identifying innovative approaches to address this critical global problem is an urgent task. International justice advocates have identified reparations as a tool to ‘transform’ the conditions underlying the violence and to prevent its recurrence. As the International Criminal Court and other tribunals begin to design and implement reparation frameworks, it is a crucial time to define the essential elements for this ‘transformation.’ Of equal importance is determining the limits and potential of these institutions to use reparations to reduce sexual violence against women.Read moreRead less
Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on ....Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on the views of key stakeholders about the effectiveness of the mechanisms used to resolve human rights complaints. This new information will inform legal and policy reform throughout Australia. The expected outcomes include developing a robust evidence-based model for human rights dispute resolution in the Australian context.Read moreRead less
Model Laws to Regulate the Use of Restraint on Persons with Disabilities. This project aims to address the current lack of a common legal framework for regulating the use of restraint on persons with disabilities in mental health, disability and aged care sectors. Through developing model laws and guidelines, this project aims to support the Disability Ministers’ National Framework for Reducing and Eliminating the Use of Restrictive Practices and the National Mental Health Commission’s work on r ....Model Laws to Regulate the Use of Restraint on Persons with Disabilities. This project aims to address the current lack of a common legal framework for regulating the use of restraint on persons with disabilities in mental health, disability and aged care sectors. Through developing model laws and guidelines, this project aims to support the Disability Ministers’ National Framework for Reducing and Eliminating the Use of Restrictive Practices and the National Mental Health Commission’s work on reducing and eliminating restraint. Its main objective is to benefit persons with disabilities by supporting government policies aimed at reducing, with a view to eliminating, the adverse consequences of coercive practices in general.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL100100176
Funder
Australian Research Council
Funding Amount
$2,190,500.00
Summary
Strengthening the international human rights system: Rights, regulation and ritualism. Australia has played a significant role in the development of the international human rights architecture since 1945. The promotion of human rights is now a major feature of Australia's foreign affairs and aid policies and it has become increasingly important in Australia's regional interactions. This project will build Australian capacity in a field of intense international interest and concern - the impleme ....Strengthening the international human rights system: Rights, regulation and ritualism. Australia has played a significant role in the development of the international human rights architecture since 1945. The promotion of human rights is now a major feature of Australia's foreign affairs and aid policies and it has become increasingly important in Australia's regional interactions. This project will build Australian capacity in a field of intense international interest and concern - the implementation of international human rights laws - and create internationally competitive research strength. It will provide training and support for a new generation of human rights law scholars.Read moreRead less
The Concept of ‘Imminence’ in the International Protection of Refugees. The project aims to contribute to the law on international protection by examining the concept of ‘imminence’. We are in an unprecedented era of international displacement; over 50 million people are on the move. While many are fleeing from traditional threats, such as conflict and persecution, some are leaving because they are scared of future risks – like the impacts of climate change. This creates new challenges for count ....The Concept of ‘Imminence’ in the International Protection of Refugees. The project aims to contribute to the law on international protection by examining the concept of ‘imminence’. We are in an unprecedented era of international displacement; over 50 million people are on the move. While many are fleeing from traditional threats, such as conflict and persecution, some are leaving because they are scared of future risks – like the impacts of climate change. This creates new challenges for countries because traditional refugee frameworks are ill-suited to respond. The question this project asks is: if people cross a border to escape future harm, how ‘imminent’ does the harm need to be before another country has an obligation to protect them? Should international law protect only people who face the risk of immediate danger, or should it also protect those at risk of harm that may manifest more slowly over time?Read moreRead less
Reshaping employment discrimination law: towards substantive equality at work? The Australian employment discrimination law system comprises long standing anti-discrimination law and novel discrimination provisions from the Fair Work Act 2009. This project studies the operation and effectiveness of the reshaped system, to assess whether it is likely to be effective in supporting a more substantive version of equality at work.
The global opponents of universal human rights, 1946-2006. This project will identify and analyse the historical patterns of opposition to universal human rights that have emerged since the birth of the United Nations in 1945. In doing so, it seeks to enable the more effective pursuit of a major Australian foreign policy objective, the global promotion of human rights.
Closing the gap on Indigenous birth registration. This project investigates the nature and extent of problems faced by Indigenous Australians trying to access the birth registration systems within Australia. Following extensive consultation with Indigenous communities and other key stakeholders, this project will identify the causes of the problem and recommend appropriate solutions.
Recognition after Uluru: what next for First Nations? This project aims to examine the extent to which Australia’s system of government appropriately serves and represents the interests of Aboriginal and Torres Strait Islander peoples. Such improvements offer the potential to enhance programs in areas such as health and education, including the Closing the Gap initiative. Drawing on public law principles as well as comparative and international legal material, the project will develop a model of ....Recognition after Uluru: what next for First Nations? This project aims to examine the extent to which Australia’s system of government appropriately serves and represents the interests of Aboriginal and Torres Strait Islander peoples. Such improvements offer the potential to enhance programs in areas such as health and education, including the Closing the Gap initiative. Drawing on public law principles as well as comparative and international legal material, the project will develop a model of governance against which the Australian system can be assessed. An audit will then be conducted of how that system operates in comparison to this model, before drawing conclusions and identifying potential reforms. The outcome of this project will be original scholarship of domestic and international significance that will inform academic and policy debate during and beyond the proposed referendum to recognise Indigenous peoples in the Constitution.Read moreRead less
Whose law is it, anyway? Citizens' and peoples' challenges to state dominance in the making and application of international law. This project will enhance our understanding of civil society participation in international law-making and implementation, and how scrutiny of the legality of State conduct affects the exercise of political power. Its findings will provide guidance for improving systems of accountability that take full account of all stakeholders' interests.