79 resultados para article 18.2 Charter of Human Rights and Freedoms


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Interventions with offenders have a normative layer as well as a scientific basis and therefore it is not possible to quarantine ethical questions from discussions of best practice. My aim in this paper is to provide an expanded ethical canvass from which to approach correctional practice with offenders. The cornerstone of this broader ethical perspective will be the concept of human dignity and its protection by human rights norms and theories. I also explore the relationship between responses to crime and offender rehabilitation based on an enriched theory of punishment that is sensitive to offenders’ moral equality and their attendant rights.

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The purpose of this paper is to describe and explain General Assembly Resolution 46/119 United Nations Principles for the Protection of Persons with Mental Illness and for the Improvement for Mental Health Care and situate them in the current examination of mental health and human rights issues. The paper will provide country examples of human rights standards in mental healthcare, will exemplify some of the failures to use the MI Principles and comment on why this has occurred. The paper will also discuss the 'Principles to Respect': Initiative on Mental Health and Human Rights, a practical strategy to address the human rights standards of persons with mental illness.

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All asylum seekers who arrive in Australia’s territorial waters by boat are subject to mandatory, indefinite and unreviewable detention on Nauru and Papua New Guinea. This offshore detention regime is characterised by a high degree of secrecy, low levels of transparency and accountability, and few opportunities for external oversight. This has created a closed, controlled environment, in which people are routinely neglected and harmed. To better understand the human impact of Australia’s offshore detention regime, this article draws on research from social psychology regarding human behaviour in closed institutions. This research – which has substantially informed prison policies throughout the Western world – demonstrates the critical importance of external oversight, openness and transparency for the protection of human rights of people in closed institutions. This knowledge has not been applied to Australia’s offshore immigration detention regime. To the contrary: creating a closed, opaque system of detention has been an explicit policy goal of the Australian government. By actively restricting transparency, this research demonstrates that not only are the abuses of detainees’ human rights hidden from the public eye, they are inevitable.

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Recognizing a class of movements as belonging to a "nominal" action category, such as walking, running, or throwing, is a fundamental human ability. Three experiments were undertaken to test the hypothesis that common ("prototypical") features of moving displays could be learned by observation. Participants viewed moving stick-figure displays resembling forearm flexion movements in the saggital plane. Four displays (presentation displays) were first presented in which one or more movement dimensions were combined with 2 respective cues: direction (up, down), speed (fast, slow), and extent (long, short). Eight test displays were then shown, and the observer indicated whether each test display was like or unlike those previously seen. The results showed that without corrective feedback, a single cue (e.g., up or down) could be correctly recognized, on average, with the proportion correct between .66 and .87. When two cues were manipulated (e.g., up and slow), recognition accuracy remained high, ranging between .72 and .89. Three-cue displays were also easily identified. These results provide the first empirical demonstration of action-prototype learning for categories of human action and show how apparently complex kinematic patterns can be categorized in terms of common features or cues. It was also shown that probability of correct recognition of kinematic properties was reduced when the set of 4 presentation displays were more variable with respect to their shared kinematic property, such as speed or amplitude. Finally, while not conclusive, the results (from 2 of the 3 experiments) did suggest that similarity (or "likeness") with respect to a common kinematic property (or properties) is more easily recognized than dissimilarity.

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Human rights law has traditionally focused on the obligations of states in fulfilment of human rights - how a state-focused approach fits in a world where social services are frequently privatised or contracted out - examples of social service provision, health, education and prisons, and inquiries into the obligations of the state and the private operators in relation to these services - private providers of social services have certain human rights obligations within their respective spheres of activity - the state retains an obligation to guarantee the protection and realisation of human rights of everyone under its jurisdiction, regardless of the character of the service provider.

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'Preventive detention' refers to detention by executive order as a  precautionary measure based on predicted criminal conduct. Detention is without criminal charge or trial as detention is based on the prediction of a future offence. This paper examines Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ('ECHR'), in particular Article 5(1)(c) and Article 5(3). To explore this issue, this paper conducts a textual analysis of Article 5 and examines both the travaux preacuteparatoires of the ECHR, as well as jurisprudence of the European Court of Human Rights. This article argues that preventive detention is specifically provided for under the second ground of detention in Article 5(1)(c). A person in preventive detention, however, must be brought promptly before judicial authority under Article 5(3).

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This thesis offers an account of the history and effects of three curriculum projects sponsored by the Australian Human Rights Commission between 1983 and 1986. Each project attempted to improve observance of human rights in and through Australian schools through participatory research (or critical educational science). That is, the research included, as a conscious feature, the effort to develop new forms of curriculum work which more adequately respect the personal and professional rights of teachers, especially their entitlement as persons and professionals to participate in planning, conducting and controlling the curriculum development, evaluation and implementation that constitutes their work. In more specific terms, the Australian Human Rights Commission's three curriculum projects represented an attempt to improve the practice and theory of human rights education by engaging teachers in the practical work of evaluating, researching, and developing a human rights curriculum. While the account of the Australian Human Rights Commission curriculum project is substantially an account of teachers1 work, it is a story which ranges well beyond the boundaries of schools and classrooms. It encompasses a history of episodes and events which illustrate how educational initiatives and their fate will often have to set within the broad framework of political, social, and cultural contestation if they are to be understood. More exactly, although the Human Rights Commission's work with schools was instrumental in showing how teachers might contribute to the challenging task of improving human rights education, the project was brought to a premature halt during the debate in the Australian Senate on the Bill of Rights in late 1985 and early 1986. At this point in time, the Government was confronted with such opposition from the Liberal/National Party Coalition that it was obliged to withdraw its Bill of Rights Legislation, close down the original Human Rights Commission, and abandon the attempt to develop a nationwide program in human rights education. The research presents an explanation of why it has been difficult for the Australian Government to live up to its international obligations to improve respect for human rights through education. More positively, however, it shows how human rights education, human rights related areas of education, and social education might be transformed if teachers (and other members of schools communities) were given opportunities to contribute to that task. Such opportunities, moreover, also represent what might be called the practice of democracy in everyday life. They thus exemplify, as well as prefigure, what it might mean to live in a more authentically democratic society.

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This chapter is concerned with ways for improving the capacity of school communities to provide queer young people with stimulating educational experiences that productively engage with the realities of their lives and which promote and enhance their wellbeing. By "queer" or "LBGTI" I mean to refer to all of those young people who do not conform to prevailing expectations regarding gender and sexual identity and behaviours, those young people who may be lesbian,gay, bisexual, transgender or intersexual (lGBTI), as well as all of those young people who have an association with gender and sexual diversity (for example, the straight fey boy who gets called a poofta; the teenage girl with lesbian parents, etc.). Methodologically, this chapter draws on a tradition of Foucauldian cultural analysis which acknowledges that gender and sexual identities are not stable or fixed, but that they are generated by influential discourses (e.g. my identity as a "man" in Melbourne today is mediated by contemporary discourses of masculinity, of Australianness, of class and so on) (for example, see Foucault 1984, 1990, 1992 and 1998).

This chapter argues that conventional approaches to school improvement for queer students normally focus on strategies for reducing the victimisation of teenage homosexuals, and that such strategies rely on dominant discourses of safety and bullying. I examine a recent example of this policy approach and use it as a starting point for considering the benefits and the constraints of a victim-based approach to queer youth wellbeing policy. The chapter then moves into a discussion about the recent introduction of human rights legislation in Victoria and how this can assist a move in policy and practice towards a more positive and diffuse engagement with gender and sexual diversity.

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The PUFA metabolism in broiler chicken was studied through the whole body fatty acid balance method. Four dietary lipid sources (palm fat, Palm; soyabean oil, Soya; linseed oil, Lin; fish oil, Fish) were added at 3% to a basal diet containing 5% palm fat. Diets were fed to female and male birds from day 1 to either day 21 or day 42 of age. Birds fed the Lin diet showed a significantly higher 18 : 2n-6 accumulation compared with the other diets (85·2 v. 73·6% of net intake), whereas diet did not affect 18 : 3n-3 accumulation (mean 63% of net intake). Bioconversion of 18 : 2n-6 significantly decreased in the order Palm.> Lin > Soya > Fish (4·7, 3·9, 3·4 and 1% of net intake, respectively). The 18 : 3n-3 bioconversion on the Palm and Soya diets was similar and significantly higher than in broilers on the Lin diet (9·1 v. 5·8% of net intake). The β-oxidation of 18 : 2n-6 was significantly lower on the Lin diet than on the other diets (10·8 v. 23·3% of net intake), whereasβ-oxidation of 18 : 3n-3 was significantly higher on the Fish diet than on the other diets (41·5 v. 27·3% of net intake). Feeding fish oil suppressed apparent elongase and desaturase activity, whereas a higher dietary supply of 18 : 3n-3 and 18 : 2n-6 enhanced apparent elongation and desaturation activity on the PUFA involved in the n-3 and n-6 pathway, respectively. Accumulation of 18 : 2n-6 and 18 : 3n-3 increased andβ -oxidation decreased with age. Sex had a marginal effect on the PUFA metabolism.

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Provides a synthesis of human rights theory and human services practice and offers a rights based model to aid professional decision making and practice.

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Principles of human rights rest at the heart of social justice and notions of an inclusive society. This article seeks to refocus practice attention on the issue of human rights and the ways in which rights-based ideas can be integrated across practice, policy and legal domains. It argues that creating systems in which critical components mutually reinforce rightsbased ideas will be more likely to have the depth of influence required to shift thinking toward rights-based practice and maintain its endurance over time.

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Purpose. The purpose of this article is to explore three concepts namely dignity, human rights and capabilities and to argue for their relevance in advancing the theory and practice of rehabilitation.

Method. A narrative review of selected academic writing on the three constructs is considered with respect to the rehabilitation literature.

Results. Each concept is defined and technical terms are explained for readers unfamiliar with these topics. Salient aspects of academic or scientific writing on each of these three topics is summarised and attempts are made to integrate these with rehabilitation.

Conclusions. 
Dignity, rights and capabilities are three concepts that have the potential to enhance theory development in rehabilitation.

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Human rights create a protective zone around persons and allow them the opportunity to further their own valued personal projects without interference from others. In this paper we apply the concept of human rights to people with an intellectual disability. First we briefly analyze the concept of human rights, their structure, and justification. Second, we directly apply our model of human rights to persons with an intellectual disability and argue that it has the resources to bridge the perceived gap between rights and needs and to offer practitioners ethically defensible practice guidance. We supplement this abstract analysis with a case example. Finally we conclude with some reflections on the future of a human rights viewpoint in the arena of intellectual disability.

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Until recently, there have been very few systematic attempts to hear what people who are homeless say about their lives and situations. Yet there are a few exceptions particularly in the United States and the United Kingdom (for example, Snow & Anderson 1993; Hutson & Liddard 1994). The Inquiry which resulted in the Burdekin Report in Australia also held consultations in which people who were homeless submitted evidence (Human Rights and Equal Opportunity Commission 1989). Other Inquiries have done likewise and some reports have used the accounts of people who are homeless (for example Bartholomew 1999; Fopp 1989; MacKenzie & Chamberlain 2003).

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This article focuses on how respectful learning relationships based on reciprocity between a Anglo-western raised educator and South Sudanese Australian students and graduates in social work and welfare courses in a regional location have (re)shaped the development of a research process. A reflective critique is intertwined with a description of my search (as an experienced practitioner but new researcher) for an appropriate ethical cross cultural framework for researching and advocating with a small ethnic population in a regional location. This includes a description of the process of exploring the need for, and positioning of, changing and re-creating relationships between the ‘researcher(s)’ and the ‘researched’ as co-authors; co-researchers; collaborators and participants to address issues of selfdetermination and power in the context of cross cultural research, education and human rights. The motivation to research seems a pivotal part of ethics in cross cultural research. As an educator I became concerned that the courses I taught in, and my own teaching practices, were (unintentionally) discriminatory. There appeared to be a lack of acknowledgement and/or action regarding the ingrained Western whiteness permeated and privileged knowledge and approaches in the construction and delivery of courses. I did not think I was adequately responding to, recognising or incorporating the different knowledge’s, strengths and needs of South Sudanese Australian students and graduates. There was a lack of fit between the academic rhetoric of human rights and diversity and my/our educator practice. This article explores the ‘corralling’ effect of mainstream research culture with attention to its potential for seduction and corruption that tends to separate the passion from the researcher, the researcher from the researched, and the actual issue(s) of concern ….from everyone.