Tough, tougher, toughest? A new government’s approach to sentencing laws in Victoria

When in opposition, Victoria¹s Liberal/National coalition made a number of commitments to be 'tough on crime'. After winning the 2010 state election, the Government arguably reformed sentencing laws more quickly and more substantially in its first year of office than any other area of policy, with several key initiatives delivered or in train.

The Victorian experience exemplifies fast and forceful responses to perceived risks to community safety by new Australian Governments. While some political leaders have decried the 'law and order auction' approach by political parties, it remains a real tool in political discourse.

Some of these initiatives appear inconsistent with fundamental sentencing principles, and are designed more to address public perceptions which are disconnected from the realities of criminality and incidence of offending. A more appropriate basis for criminal justice policy may require Government to prioritise addressing the causes of offending behavior, rather than penalising consequences.

Russia’s anti-gay laws: the politics and consequences of a moral panic

The issue of LGBT rights in Russia first properly came to mainstream international attention in March 2012, when the St Petersburg Duma passed a law prohibiting “public acts aimed at the propaganda of sodomy, lesbianism, bisexualism and transgenderism amongst minors“. The law provoked an international outcry, including calls for tourists to boycott St Petersburg, sister-cities to consider cut off ties with Russia’s “window on Europe”, and condemnation from the EU, with the European Parliament passing a resolution noting that it was “gravely concerned by developments which restrict freedom of expression and assembly on the basis of misconceptions about homosexuality and transgenderism” and calling on Russia and other countries considering the adoption of similar legislation to “demonstrate, and ensure respect for, the principle of non-discrimination”.

Putting traditional values into practice: Russia’s anti-gay laws

This article examines the rise of so-called anti-gay laws in Russia as a response to international Russian-led support for using “traditional values” as the foundation for human rights norms. Viewed in this way, a logic of moral sovereignty emerges that purports to offer a compromise between international human rights obligations and local socio-cultural norms. However, in the case of anti-gay laws, moral panic over LGBTQ people has made homophobia a political proxy for understandings of traditional values, in the process implicitly legitimizing homophobic violence and discrimination, and setting a dangerous precedent for traditional values to be invoked as a justification for violations of human rights norms.

International sex offender registration laws : research and evaluation issues based on a review of current scientific literature

In many jurisdictions, anyone convicted of a sexual offense is required to register with police, often for life. Nine different countries have now implemented sex offender registries in an attempt to protect the public from the perceived threat posed by sexual offenders. Yet such laws have been criticized as being overly inclusive, tying up limited law enforcement resources to track many offenders who pose little risk of sexual reoffending. This paper considers the available research evidence relevant to the effectiveness of such laws for the deterrence of sexual offending and the investigation of sex crimes. It is concluded that significant gaps persist in our knowledge of whether existing laws effectively reduce sexual offending or reoffending and that large-scale, well-designed studies of the impact of sex offender registration on rates of offending, the collateral consequences to offenders and their families, and the costs of such laws are needed.

Putting “traditional values” into practice : the rise and contestation of anti-homopropaganda laws in Russia

This article explores how “traditional values” are being used by the Russian government to refute the claim that “LGBT rights are human rights” and justify the introduction of anti-homopropaganda laws, and how members of the Russian LGBT community have sought to contest it. Centrally, it traces the development of a discourse that refutes the essentialization of sexual identity and, in doing so, seeks to challenge the focus on individual identity-based rights of contemporary human rights norms. This discursive shift has meant that opponents of the legislation have had to develop contestation strategies that collectively seek to present an alternative interpretation of “traditional values.” The article concludes by considering the implications of the Russian case for human rights norms and for the notion of universal human rights more widely, arguing that it represents a serious challenge to the viability of identity-based LGBT rights claims as a basis on which to advance observance of fundamental human rights due to their homonormativity.

Question: do we need to change the racial discrimination laws?

In light of the Bolt v. Eatock case before the Racial Discrimination Commission, this article discusses calls for Australia's racial vilification laws to be amended to exclude humiliation and embarrassment as grounds for a finding of vilification. 

Real and substantial connections : Enforcing Canadian privacy laws against American social networking companies

Any organisation that captures personal data in Canada for processing is deemed tohave a ‘real and substantial connection’ to Canada and thus fall within thejurisdiction of the Personal Information Protection and Electronic Documents Act(PIPEDA) and of the Office of the Privacy Commissioner of Canada (OPC). Whathas been the experience of enforcing Canadian privacy protection law on US-basedsocial networking services? We analyse some of the high-profile enforcement actionsby the Privacy Commissioner. We also test compliance through an analysis of theprivacy policies of the top 23 SNSs operating in Canada and through the use of accessto personal information requests. Our analysis suggests that non-compliance iswidespread, and is explained by the countervailing conceptions of jurisdictioninherent in corporate policy and technical system design.