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This book is a contemporary socio-legal study of Australia’s protection of economic and social rights. Despite Australia’s hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia’s compliance across the policy areas of health, housing, labour and social security, it is argued that Australia’s failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights.
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
The Howard government's term in office in Australia from 1996 to 2007 is often portrayed as one where Australia retreated from its international human rights obligations. Throughout this era a range of government policies attracted much criticism for downplaying or ignoring human rights. Less attention has been given to the human rights policies of previous Australian governments and the heritage they provided for the Howard government. Situating the policies of the Howard government within those of previous Australian governments provides a greater understanding of human rights in Australia. This book examines human rights policies in Australia in three key areas: human rights in Australia-China relations; responses to asylum seekers and refugees; and engagement with human rights at the United Nations. These areas highlight where the Howard government clearly deviated from some of the more positive human rights policies of its predecessors. The book also challenges the perception that Australia has a proud history of human rights policy by revealing where the Howard government continued or revived policies of earlier Australian governments that were not consistent with international human rights standards. Such an understanding of human rights in Australian policy is imperative for informed analysis and debate on current and future policy trends.
Now in its eighth edition, Bioethics: A Nursing Perspective provides practical guidance on the ethical issues you might come across in nursing practice, with real-world examples that help to bring this important subject to life. Author Dr Megan-Jane Johnstone AO, Australia's foremost nursing ethics scholar, provides a comprehensive framework for negotiating the ethical challenges, obligations and responsibilities you might face. The text is engaging and easy to follow, and has been fully updated to reflect current issues in health care such as nurse practitioner assisted dying, pandemic ethics, and the moral costs of misinformation and medical conspiracy theories. . This book is a suitable companion to the law and ethics components of both undergraduate and postgraduate nursing studies, and is relevant for all nurses who encounter ethical problems in their everyday practice. - Written in an engaging style – suitable for undergraduate as well as postgraduate students and researchers - Focuses on prominent and topical ethical issues facing individual nurses as well as the broader profession - Covers a broad range of bioethical issues in health care and how these relate to various fundamental traditions in philosophical ethics - Real-life case studies and hypothetical scenarios to encourage debate - Covers hot topics in modern nursing practice, including: - Professional standards - How to make moral decisions - Cross-cultural ethics, including the problem of racism - Dehumanisation and vulnerable populations - Patient rights - Mental health care ethics - End-of-life care - Moral politics of abortion and euthanasia - Moral lessons of COVID-19 Additional resources on Evolve eBook on VitalSource - Questions fostering critical reflection to support learning - Key points and new chapter groupings for easy navigation - New chapter on pandemic ethics
Australia and the Birth of the International Bill of Human Rights provides the first in depth examination of Australia's first reactions to 'international human rights' during the negotiations for the International Bill of Rights: the Universal Declaration of Human Rights, the ICCPR and ICESCR. It follows Australian policy from 1946, the first year in which the United Nations began discussing a Bill of Rights until 1966 when the twin Covenants were finalized. The book looks at what successive Australian Governments understood by 'human rights' and how they responded to discussion of sensitive domestic topics such as: immigration policies self-determination for inhabitants of trust territories equal pay for men and women and balancing human rights and national security. As well as considering Australian policies towards substantive rights, the book looks at Australian policies towards international schemes for protecting rights including early proposals for an International Court of Human Rights and its later support for more modest, technical expertise based assistance for States, debates often taking place against the background of highly politicised issues such as the Cold War and the fight against apartheid. In looking at this 20 year period, the book demonstrates the way in which Australian policy changed substantially over time: as between Labor and Liberal administrations, between Ministers and bureaucrats and as between decision makers with markedly distinct visions of the ideal relationship between citizens and a State, and the individual State and the international community. In highlighting the diversity of views about human rights, this book thus challenges the notion that Australia has historically supported a universally understood set of human rights norms and underlines the number of variables which may be affecting ongoing implementation of human rights standards.
From colony to federation to the present, it analyses the development of globalisation in Australia.
How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.
The engagement of Indigenous Australians in economic activity is a matter of long-standing public concern and debate. Jon Altman has been intellectually engaged with Indigenous economic activity for almost 40 years, most prominently through his elaboration of the concept of the hybrid economy, and most recently through his sustained and trenchant critique of policy. He has inspired others also to engage with these important issues, both through his writing and through his position as the foundation Director of The Australian National University’s Centre for Aboriginal Economic Policy research from 1990 to 2010. The year 2014 saw both Jon’s 60th birthday and his retirement from CAEPR. This collection of essays marks those events. Contributors include long?standing colleagues from the disciplines of economics, anthropology and political science, and younger scholars who have been inspired by Jon’s approach in developing their own research projects. All point to the complexity as well as the importance of engaging with Indigenous economic activity — conceptually, empirically and as a strategic concern for public policy.
Gender Equality in a Global Perspective looks to discuss whether Gender Equality can be adopted as it has been defined in international documents anywhere, or whether it needs to be adapted in a more local context; discuss which factors and perspectives need to be taken into account when adapting Gender Equality to specific contexts; suggest research approaches for studies on whether a universal (Western) concept of Gender Equality fits in certain specific contexts; and finally suggests challenges to the existing interpretation of Gender Equality (e.g., theory of intersectionality); and the development of legal and policy framework. This book is situated within the tradition of comparative gender studies. While most other such books take up and compare various ways of implementing (or not implementing) gender equality, this book studies and compares whether or not (and to what extent) a specific definition of Gender Equality (GE) could be adopted by various nations. Thus, all chapter contributors will engage with the same definition of GE, which will be presented within the book, and discuss the possibilities and constrains related to applying such a definition in their particular national context. The readers will learn about the problems of applying a universal concept of Gender Equality and the possible reasons for and modes of adapting Gender Equality to different contexts. Gender Equality in a Global Perspective looks to maintain a critical and reflexive stance towards the issues raised and will seek to present multiple perspectives and open-ended answers. As such it hopes to contribute to the international discussion of human rights more broadly and Gender Equality specifically. The intended audience is not limited only to but will include policy makers, scholars and students with an interest in Gender issues, Organizational Theory, Political Science, Human Development, Policy Analysis, Globalization and other management sub-disciplines.
The book Philosophy of Law presents relevant theories, puts emphasis on the analysis of the branches of law and of basic human rights, and proposes the holistic analysis of law. In the first part the author analyses the main elements of each theory (natural law, legal positivism, legal realism, legal formalism, legal liberalism, economic analysis of law, critical legal studies). The main philosophers of law or supporters of each theory are discussed. In the second part of the book human rights and jurisprudence are analysed in the context of public law, criminal law (e.g., death penalty), private law and international law. The holistic analysis of law is proposed as a theory to address modern problems, such as poverty, climate change, the pandemic, and other global issues. The book is designed primarily for law students, teachers and supervisors.