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
Children's rights: from theory to practice. Children's rights are important but their scope contested. This project will clarify their meaning. It will provide guidance to legislators, policy makers and advocates working with or for children, and generate a deeper understanding of the role of rights in resolving some of the major challenges facing children in Australia and around the world.
Religious autonomy and the restriction of rights or freedoms by religious communities: comparative and theoretical approaches. Religious communities must be autonomous in order to protect their unique identity and mission. Yet in exercising their autonomy they may interfere with the rights or freedoms of others. This project's sophisticated analysis of the tension between the two sets of rights will offer a resolution that strengthens Australia's social fabric.
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
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
Towards Development of a Legal Framework for Regulation of International Marriage Migration. This project identifies gaps and inconsistencies in the legal frameworks which apply to the regulation of international marriage migration in the laws of ‘origin’ states such as Cambodia and Vietnam, and those of ‘destination’ states in East and Southeast Asia in relation to key concepts such as the purpose of marriage, the role of ‘the family’, the rights of women and of children born to such unions, an ....Towards Development of a Legal Framework for Regulation of International Marriage Migration. This project identifies gaps and inconsistencies in the legal frameworks which apply to the regulation of international marriage migration in the laws of ‘origin’ states such as Cambodia and Vietnam, and those of ‘destination’ states in East and Southeast Asia in relation to key concepts such as the purpose of marriage, the role of ‘the family’, the rights of women and of children born to such unions, and their citizenship and nationality. It will develop an analytical framework as the basis of a proposal for an international instrument to regulate international marriage migration.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.
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.
Small mercies, big futures: enhancing law, policy and practice in the selection, protection and settlement of refugee children and youth. This project will assist refugee youth and children who ultimately become Australian citizens or permanent residents. In so doing, it will help to maximise the social benefits that flow from immigration. The project will also help to reduce the risk of social dysfunction that flows from damage sustained in childhood. By raising awareness of issues involving ....Small mercies, big futures: enhancing law, policy and practice in the selection, protection and settlement of refugee children and youth. This project will assist refugee youth and children who ultimately become Australian citizens or permanent residents. In so doing, it will help to maximise the social benefits that flow from immigration. The project will also help to reduce the risk of social dysfunction that flows from damage sustained in childhood. By raising awareness of issues involving refugee children, the project will encourage Australians to become more responsive to children generally. Finally, the international exposure generated by the project will assist in restoring Australia's international reputation, which has been damaged by poor practices in relation to refugee youth and children in the past.Read moreRead less
Substance Use in Prisons and Other Closed Settings: Identifying appropriate and effective legislative frameworks for a harm reduction approach. Influencing laws on drugs in closed settings to reflect public health approaches will directly benefit incarcerated individuals and wider communities in Cambodia and in Australia. Australian Red Cross has a long-standing commitment to improving vulnerable peoples' lives as well as a deep-seated community identity; it will facilitate the implementation o ....Substance Use in Prisons and Other Closed Settings: Identifying appropriate and effective legislative frameworks for a harm reduction approach. Influencing laws on drugs in closed settings to reflect public health approaches will directly benefit incarcerated individuals and wider communities in Cambodia and in Australia. Australian Red Cross has a long-standing commitment to improving vulnerable peoples' lives as well as a deep-seated community identity; it will facilitate the implementation of its research findings through its prisons programs. Collaborations with AusAID-funded HIV prevention, substance abuse and criminal justice reform initiatives (including HIV/AIDS Asia Regional Program (HAARP) and Cambodia Criminal Justice Assistance Program (CCJAP)) will strengthen Australia's contribution to civil society and public health in Cambodia, and simultaneously reinforce Australia's reputation as a leader on substance use and harm reduction issues.Read moreRead less