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This groundbreaking study understands the 'long history' of human rights in Australia from the moment of their supposed invention in the 1940s to official incorporation into the Australian government bureaucracy in the 1980s. To do so, a wide cast of individuals, institutions and publics from across the political spectrum are surveyed, who translated global ideas into local settings and made meaning of a foreign discourse to suit local concerns and predilections. These individuals created new organisations to spread the message of human rights or found older institutions amenable to their newfound concerns, adopting rights language with a mixture of enthusiasm and opportunism. Governments, on the other hand, engaged with or ignored human rights as its shifting meanings, international currency and domestic reception ebbed and flowed. Finally, individuals understood and (re)translated human rights ideas throughout this period: writing letters, books or poems and sympathising in new, global ways.
Human rights recognise the inherent value of every person, regardless of our respective backgrounds, where we live, what we look like, what we think or what we believe. These rights are based on universal principles of dignity, equality and mutual respect, and are shared across cultures, religions and philosophies. Human rights are about being treated fairly, treating others fairly and being able to make choices about our own lives. Australia was recently elected to a seat on the United Nations Human Rights Council, however its own human rights record is not without controversy, attracting international and domestic scrutiny. What are Australia's international and domestic human rights obligations and how are they being addressed in relation to a number of issues such as asylum seeker detention, racial discrimination, free speech, indigenous advancement, juvenile incarceration, disability rights, gender equality and same-sex marriage? Does Australia need to lift its game on human rights if it is to be taken seriously on the international stage?
A scholarly examination of the most important human rights issues facing Australia today. For scholars and practitioners, and who wish to increase their understanding, it provides timely and provocative perspectives on the law and policy regarding the application of human rights standards in Australia. Authors from Monash University.
This book addresses the key debates surrounding human rights in Australia: Should Australia adopt a bill of rights in an 'age of terror'? How well protected are workers' rights? The Politics of Human Rights in Australia shows that Australians enjoy only a loose and incomplete safety net of rights protection.
CONTENTS 1. Introduction - Fundamental Rights in the Age of Covid-19 -- Augusto Zimmermann & Joshua Forrester 2. Reflecting upon the Costs of Lockdown -- Rex Ahdar 3. Politicians, the Press and "Skin in the Game" -- James Allan 4. An Analysis of Victoria's Public Health Emergency Laws -- Morgan Begg 5. Only the Australian People Can Clean up the Mess: A Call for People's Constitutional Review -- David Flint AM 6. Covid-19, Border Restrictions and Section 92 of the Australian Constitution -- Anthony Gray 7. Blurred Lines Between Freedom of Religion and Protection of Public Health in Covid-19 Era - Italy and Poland in Comparative Perspective -- Weronika Kudla & Grzegorz Jan Blicharz 8. The Dictatorship of the Health Bureaucracy: Governments Must Stop Telling Us What Is for Our Own Good -- Rocco Loiacono 9. The Role of the State in the Protection of Public Health: The Covid-19 Pandemic -- Gabriël A. Moens AM 10. Corona, Culture, Caesar and Christ -- Bill Muehlenberg 11. The Age of Covid-19: Protecting Rights Matter -- Monika Nagel 12. Molinism, Covid-19 and Human Responsibility -- Johnny M. Sakr 13. Interposition: Magistrates as Shields against Tyranny -- Steven Alan Samson 14. Destroying Liberty: Government by Decree -- William Wagner 15. The Virus of Governmental Oppression: How the Australian Ruling Elites are Jeopardising both Democracy and our Health -- Augusto Zimmermann
The Australian nation has reached an impasse in Indigenous policy and practice and fresh strategies and perspectives are required. Trapped by History highlights a fundamental issue that the Australian nation must confront to develop a genuine relationship with Indigenous Australians. The existing relationship between Indigenous people and the Australian state was constructed on the myth of an empty land – terra nullius. Interactions with Indigenous people have been constrained by eighteenth-century assumptions and beliefs that Indigenous people did not have organised societies, had neither land ownership nor a recognisable form of sovereignty, and that they were ‘savage’ but could be ‘civilized’ through the erasure of their culture. These incorrect assumptions and beliefs are the foundation of the legal, constitutional and political treatment of Indigenous Australians over the course of the country’s history. They remain ingrained in governmental institutions, Indigenous policy making, judicial decision making and contemporary public attitudes about Indigenous people. Trapped by History shines new light upon historical and contemporary examples where Indigenous people have attempted to engage and dialogue with state and federal governments. These governments have responded by trying to suppress and discredit Indigenous rights, culture and identities and impose assimilationist policies. In doing so they have rejected or ignored Indigenous attempts at dialogue and partnership. Other settler countries such as New Zealand, Canada and the United States of America have all negotiated treaties with Indigenous people and have developed constitutional ways of engaging cross culturally. In Australia, the limited recognition that Indigenous people have achieved to date shows that the state is unable to resolve long standing issues with Indigenous people. Movement beyond the current colonial relationship with Indigenous Australians requires a genuine dialogue to not only examine the legal and intellectual framework that constrains Indigenous recognition but to create new foundations for a renewed relationship based on intercultural negotiation, mutual respect, sharing and mutual responsibility. This must involve building a shared understanding around addressing past injustices and creating a shared vision for how Indigenous people and other Australians will associate politically in the future.
Introduction : indigenous rights as human rights in central Australia -- The act of translation : emancipatory potential and apocryphal revelations -- Engendering social and cultural rights -- "Stop whinging and get on with it" : the shifting contours of gender equality (and equity) -- "Women go to the clinic and men go to jail" : the gendered indigenised subject of legal rights -- Therapy culture and the intentional subject -- Civil and political rights : is there space for an Aboriginal politics? -- International human rights forums and (east coast) indigenous activism
When the Universal Declaration of Human Rights (UDHR) was proclaimed by the United Nations General Assembly in Paris on 10 December 1948, photography was considered a 'universal language' that would communicate across barriers of race and culture. 70 years later it is timely to examine the cultural impact of the framework of human rights through visual culture. Images are a crucial way of disseminating ideas, creating a sense of proximity between peoples across the globe, and reinforcing notions of a shared humanity. Yet visual culture can also define boundaries between people, supporting perceived hierarchies of race, gender, and culture, and justifying arguments for conquest and oppression. Only in recent years have scholars begun to argue for new notions of photography and culture that turn our attention to our responsibilities as viewers, or an ethics of spectatorship. This book explores questions surrounding the historical reception of human rights via imagery and its legacies in the present. Visualising Human Rights is about the diverse ways that visual images have been used to define, contest, or argue on behalf of human rights. It brings together leading scholars to examine visual practices surrounding human rights around the globe.