Strange bedfellows? Tax administration and human rights brought together

This article considers the implications for tax administration if a Human Rights Act is introduced into Australia.

An entrenched bill of rights : a protection for the rights of minorities

This paper is concerned with the question of whether Australia would be better served by the inclusion of an entrenched Bill of Rights in the Constitution of the Commonwealth of Australia. In particular, attention will focus on the abuses of minorities that are all but certain to arise in any society that is based on majoritarian rule. This paper will also examine the question of whether an entrenched Bill of Rights would serve as an effective safeguard against such abuses, especially where the rights of unpopular minorities are involved. The analysis to follow is undertaken against the backdrop of the efficacy, or the lack thereof, of the Constitution of the United States in preventing such abuses, and particularly that portion of the American Constitution that is known as the Bill of Rights.

Using human rights-based approaches to support the engagement and empowerment of young people

This paper explores questions about the value of human rights-based approaches in supporting the engagement and empowerment of young people. It will examine how rights-based approaches allow education about human rights to take on the characteristics of transformative learning, with consequences for increased possibilities of engagement of young people in positive social action both inside and outside the school setting. Key characteristics of rights-based approaches are introduced and their connection to skills supporting empowerment examined. Case studies of rights-based approaches from around the globe drawn from a wide spectrum of countries (including both north and south) are used to illustrate both positive effects and explore challenges and limitations. The work discussed in this paper sits at the intersection of education, public health and health promotion, and is underpinned by values of social justice, equity and participation.

Access to information about donors by donor-conceieved individuals : a human rights analysis

While assisted reproductive treatment using donated gametes is widespread, and in many places, widely accepted, it has historically been shrouded in secrecy. Over time, however, there has been an increasing call from donor-conceived people, recipient parents and some donors to end the secrecy, and to release identifying information about donors to donor-conceived people. "Rights-based" arguments have at times been used to justify this call. This article examines whether a human rights framework supports the release of information and how such a framework might be applied when there are competing rights. It argues that the current balancing approach used to resolve such issues weighs in favour of release. Legal action has the potential to be legitimate and justifiable. A measure such as a contact veto system, which would serve to prevent unwanted contact with the person lodging the veto (either the donor or the donor-conceived person), would ensure proportionality. In this way, both donor-conceived people's rights to private life, identity and family, and donors' rights to privacy may be recognised and balanced.

Learning to engage with human rights in heritage

Cultural heritage should not be seen merely as a technical matter or from a narrow visitor management point of view but rather as cultural practice—a form of cultural politics dominated by ruling regimes and social groups in which decisions are made about the future of and access to scarce resources. Several scholars have sought to push this approach further by arguing that heritage studies should take on the protection of human rights as a core consideration in the processes of identifying, inscribing, conserving and interpreting cultural heritage. This paper builds on these previous works to explore what the shift to a rights-based management approach in the World Heritage system might mean for various stakeholders in the heritage protection enterprise as they learn to meet this challenge and to find ways to support people’s right to access, enjoy and maintain cultural heritage. Reaffirming the need to maintain a strong relationship between theory and praxis, the paper draws into the discussion heritage practitioners, decision makers in governments and government agencies, scholars and educators. Of these, the principal emphasis in this paper is on educators who are seen to have a fundamentally important role in developing a critical understanding of the cultural heritage concept, how heritage is created, used and misused and how conservation approaches and programs sit within the broader context of community attitudes and aspirations and governmental responsibilities. A distinction is made between teachers in universities and trainers offering short courses more focused on specific employer needs. The paper focuses on World Heritage but refers to both tangible and intangible aspects. It shows how current moves to establish a rights-based approach to the management of World Heritage sites connects with moves elsewhere in global governance, most notably in the United Nations Permanent Forum on Indigenous Issues and the United Nations Human Rights Commission.

Workplace human rights reporting: a study of Australian garment and retail companies

The opening of the Australian economy in a globalised world has led to Australian garment and retail corporations moving their manufacturing overseas and acquiring goods from overseas providers. This is usually better for the corporations’ bottom-line, as they can purchase goods overseas at a fraction of their local cost, partly due to cheap labour. Australia is one of the many OECD countries not to have a well regulated environment for workplace human rights. This study examines 18 major Australian retail and garment manufacturing corporations and finds that workplace human rights reporting is poor, based on content analysis of their annual reports, corporate social responsibility reports and websites. This is probably due to the failure of the Australian Government to provide adequate oversight by promulgating mandatory reporting standards for both local and overseas operations of Australian companies. This permits corporations to avoid reporting their workplace human rights standards and breaches.

Islam and human rights in practice: perspectives across the Ummah

Questions over the compatibility of Islam and Human Rights have become a key area of debate in the perceived tensions between ‘Islam and the West’. In many ways, discussion over the stance of Islam in relation to such factors as gender rights, religious freedom, social and political freedoms, and other related issues represents a microcosm of the broader experience of how Muslim and ‘Western’ communities interact and relate. This volume seeks to engage with the various debates surrounding Islam and Human Rights, in particular, challenging assumptions of a ‘standard’ or ‘essential’ Muslim perspective on Human Rights. Through a survey of the experiences of Muslim communities across the globe (the ummah), this volume highlights the dynamic way Muslims understand and incorporate Human Rights into their personal, social and political experiences. From conceptual discussions on the issues of gender rights and religious freedom, to examining Muslim communities from South East Asia, Central Asia, the Middle East and North Africa, leading global experts bring forth key insights into the way in which Muslim communities live and experience Human Rights. The potential for deeper engagement with this issue is critical, as it opens possibilities for more profound understanding and tolerance.