The treatment of sex offenders : evidence, ethics, and human rights

Public policy is necessarily a political process with the law and order issue high on the political agenda. Consequently, working with sex offenders is fraught with legal and ethical minefields, including the mandate that community protection automatically outweighs offender rights. In addressing community protection, contemporary sex offender treatment is based on management rather than rehabilitation. We argue that treatment-as-management violates offender rights because it is ineffective and unethical. The suggested alternative is to deliver treatment-as-rehabilitation underpinned by international human rights law and universal professional ethics. An effective and ethical community–offender balance is more likely when sex offenders are treated with respect and dignity that, as human beings, they have a right to claim.

Abuse of power, oppression and the struggle for human rights in modern indonesian short fiction

 Across the 1990s, Indonesian writers used the short story genre to represent human rights abuses in Indonesia.These rights included freedom of speech, right to life and right to assembly. The short story had great impact, depicting dramatically both perpetrators and victims, and exposing the social, economic and political conditions which bred such abuses.

Older prisoners: a human rights perspective

This researcher enhances understandings about the psychological and surrounding circumstances, contributing towards older prisoners' treatment by others. Participants completed a questionnaire, interviews, and mention that older prisoners, and themselves as professionals, could be at risk of harm. This is linked to such conditions as budget constraints and other prison conditions.

North Korean human rights and the international community: responding to the UN Commission of Inquiry

Of all the difficult conversations to have with the Democratic People’s Republic of Korea (DPRK) regime, the one over human rights has proven the most troubling for the international community. Once human rights issues are placed on the table, diplomatic efforts become quickly de-railed. Because of this, and because issues such as non-proliferation are seen as more pressing than human rights, there has been a conspicuous absence of any official, systematic response to the question of human rights violations in North Korea. Of course, most human rights campaigns experience some amount of politicisation. This is unsurprising, given the deeply political nature of the very concept of human rights. The North Korean human rights issue, however, suffers from this phenomenon more than most, tied up as it is with wider ideological battles that hark back to the circumstances of the division of the Korean peninsula. In this context, the 2014 report delivered by the United Nations (UN) Commission of Inquiry (COI) into North Korean human rights represents an effort to move above and beyond the politicisation of the issue and was largely successful in this regard.

Can international human rights law accommodate bodily diversity?

This article considers recent efforts by international bodies and advocacy groups to secure the human rights of individuals with intersex variation. Identifying that these efforts are constrained by powerful assumptions about binary sex, it argues that international rights discourse looks set to regulate intersex individuals by the same protective strategies applied to the last four decades of the women's rights movement. A frank reading of legal feminist scholarship indicates several possible risks for the nascent intersex campaign. Efforts to ensure the substantive enjoyment of rights (for all) need to move beyond the constraints of a binary system in which women and sexed/sexual minorities will always be produced as other. Having argued that human rights are not contingent on biological determinants, the right to non-discrimination on the basis of sex traits is considered.

The impact of the Human Rights Act 1998 on mental health care

Some may argue that the introduction of the Human Rights Act 1998 (HRA) has benefited only celebrities and asylum-seekers. Others contend that the HRA is a significant piece of legislation that has the potential to promote and protect the rights of the most vulnerable in our society. A few years after the Act's introduction this contribution considers the impact it has had on mental health practice in the UK.

Mental health and human rights: the MI Principles - turning rhetoric into action

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.

The human rights needs and priorities of children with disability in Papua New Guinea

 A final report from the 'Voices of Pacific children with disability: Identifying the needs and priorities of children with disability in Vanuatu and Papua New Guinea' research project.

Cultural diversity, cultural heritage and human rights: towards heritage management as human rights-based cultural practice

The present article investigates the linkages between conserving cultural heritage, maintaining cultural diversity and enforcing human rights. While there seems to be a growing awareness of these linkages in international heritage and human rights circles, they remain poorly understood by many heritage practitioners who see their conservation work merely as a technical matter. The article argues that it is essential for practitioners engaged in heritage conservation projects to understand the broader economic, political and social context of their work. However, heritage scholars and teachers, too, need to recognise that there can be many motives behind official heritage interventions, that such action is sometimes taken primarily to achieve political goals, and that it can undermine rather than strengthen community identity, cultural diversity and human rights. Such a reorientation is an extension of the paradigm shift in which heritage is understood as cultural practice. In this more critical heritage studies discipline human rights are brought to the foreground as the most significant part of the international heritage of humanity.

‘Cemented in their cells’: a human rights analysis of Blessington, Elliott and the life imprisonment of children in New South Wales

In 2010, two Australians, convicted in childhood of rape and murder, lodged a joint submission with the United Nations Human Rights Committee, claiming that successive changes to sentencing legislation in New South Wales breached their human rights by denying them any meaningful prospect of release. In this article, we examine the political, legislative and procedural moves that have resulted in Australian children being sentenced to life without parole or release. We argue that successive legislative changes in various Australian jurisdictions have resulted in a framework for sentencing decisions that is considerably out of step with international legal standards for criminal justice. These increasingly punitive legislative changes exacerbate Australia’s already declining record of cooperation with UN processes, and reveal Australia’s reluctance to respect the legitimacy and authority of international law. Against this troubling context, the views of the Human Rights Committee serve as a much-needed reminder about the importance of a principled approach to child sentencing that forecloses neither the goal of rehabilitation nor the prospect of release and reintegration.