Maximizing desistance: adding therapeutic jurisprudence and human rights to the mix

The law can be a systemically induced decision point for offenders and can act to help or hinder desistance. Desistance can be described as a change process that may be initiated by decisive momentum, supported by intervention, and maintained through re-entry, culminating in a citizen with full rights and responsibilities. Desistance within courts, corrections, and beyond is maximized by applying the law in a therapeutic manner. In common, desistance, therapeutic jurisprudence, and human rights support offender autonomy and well-being. The intersections between the three models have been explored to propose a normative framework that provides principles and offers strategies to address therapeutic legal rules, legal procedures, and the role of psycholegal actors and offenders in initiating, supporting, and maintaining desistance.

Human rights in Papua New Guinea: is this where we should be settling refugees?

Australia has had a long, and at times tumultuous, relationship with our nearest neighbour, Papua New Guinea. This relationship took a twist in late 2012, with the re-opening of the off-shore processing centre on Manus Island, and again in February 2014, when Iranian asylum seeker Reza Berati was murdered by locals during a violent disturbance at the centre. The latest test of the strength and endurance of the relationship between PNG and Australia came in April 2016, when the PNG Supreme Court ruled that the detention of asylum seekers on Manus Island breached the right to personal liberty in the PNG constitution. This article provides much-needed insight into the human rights situation in PNG, and makes recommendations regarding the prospect of resettling refugees in that country.

Secrecy and human rights abuse in Australia’s offshore immigration detention centres

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.

World heritage management and human rights

This book focuses on the balance between protecting human rights and protecting world heritage sites. It concerns itself with the idea that the management of heritage properties worldwide may fail to adequately respect traditional entitlements and rights of individuals and communities living within or being affected by changes in the use of these spaces. It also explores the concept that the international heritage field has limited knowledge and awareness of this challenge.

No prospect of release: Kevin Crump and the human rights implications of life imprisonment

A NSW court last week dismissed Kevin Crump’s latest appeal against his natural life sentence. Crump, who has served nearly 42 years in prison for murder, has been formally denied any prospect of a meaningful life outside prison walls.

The decision provides a timely opportunity to reconsider the viability of terms of life without parole. It further entrenches the use of terms of life without parole in Australia despite moves overseas to restrict – and in some cases eradicate – them.

An Examination of the merits of a human rights-based approach to higher education teaching and learning, compared with welfare and market-based approaches.

The thesis concludes that a human rights-based approach to higher education will produce better teaching and learning outcomes than welfare state or market-based approaches. It is intended that this research might influence an improvement in policy-making, identify a ‘feasible utopia’ for higher education, and contribute to discussion about the public interest role of higher education.

The disparity between human rights policy and parliamentary practice in Australia : a Victorian case study

Over the past decade alcohol-related violence in and around licensed premises has given rise to significant legislative, regulatory and operational policing developments. In Australia, the State of Victoria introduced police-imposed banning notices as part of a range of provisions and new powers targeting alcohol-related disorderly behaviour. Banning notices exemplify a broader shift towards discretionary, pre-emptive, regulatory, summary justice which circumvents the criminal law, dilutes individual rights, and reconfigures expectations of balance in the administration of justice. The legal principles upon which banning notices are based and the way in which they were enacted by the Victorian Parliament challenge both the purpose and specific requirements of Victoria’s Charter of Human Rights and Responsibilities Act 2006. Detailed analysis of the application of the Charter compliance processes to the banning notice provisions point to a notable disparity between the expectations of formal human rights policy and the reality of substantive practice. The broader effect of such a disconnect is potentially significant, but has been largely opaque to meaningful scrutiny.

Foreign fighters, human rights and self-determination in Syria and Iraq: decoding the humanitarian impact of foreign fighters in practice

Foreign fighters have become inextricably linked to perceptions of human rights abuses in the Syria and Iraq wars, particularly since the Islamic State group founded its caliphate. This paper explores the human rights impact of foreign fighters in the conflicts, noting that while foreign fighters have been involved in grave human rights abuses, such behavior has not been uniform and must be differentiated by group and role. In this regard, it is argued that while foreign fighters have overwhelmingly had a negative impact on most human rights indicators, fighters in some groups have positively impacted the Right to Self-Determination. Further, the paper notes that while foreign fighters have been large-scale perpetrators of human rights abuses, one must also consider the propaganda value of such acts because foreign fighter-led violence is more newsworthy globally than local-led violence.

Emerging health issues: the widening challenge for population health promotion

The spectrum of tasks for health promotion has widened since the Ottawa Charter was signed. In 1986, infectious diseases still seemed in retreat, the potential extent of HIV/AIDS was unrecognized, the Green Revolution was at its height and global poverty appeared less intractable. Global climate change had not yet emerged as a major threat to development and health. Most economists forecast continuous improvement, and chronic diseases were broadly anticipated as the next major health issue. Today, although many broadly averaged measures of population health have improved, many of the determinants of global health have faltered. Many infectious diseases have emerged; others have unexpectedly reappeared. Reasons include urban crowding, environmental changes, altered sexual relations, intensified food production and increased mobility and trade. Foremost, however, is the persistence of poverty and the exacerbation of regional and global inequality. Life expectancy has unexpectedly declined in several countries. Rather than being a faint echo from an earlier time of hardship, these declines could signify the future. Relatedly, the demographic and epidemiological   transitions have faltered. In some regions, declining fertility has overshot that needed for optimal age structure, whereas elsewhere mortality increases have reduced population growth rates, despite continuing high fertility. Few, if any, Millennium Development Goals (MDG), including those for health and sustainability, seem achievable. Policy-makers generally misunderstand the link between environmental sustainability (MDG #7) and health. Many health workers also fail to realize that social cohesion and sustainability—maintenance of the Earth’s ecological and geophysical systems—is a necessary basis for health. In sum, these issues present an enormous challenge to health. Health promotion must address population health influences that transcend national boundaries and generations and engage with the development, human rights and environmental movements. The big task is to promote sustainable environmental and social conditions that bring enduring and equitable health gains.

Constitutionalism, good faith and the doctrine of specific performance: rights, duties and equitable discretion

This article will explore the European roots of the doctrine of specific performance and the influence of transformative constitutionalism on these in recent times. The question whether specific performance is available as of right (as in the civil law), or only subject to judicial discretion (as in the common law), will be investigated. The demonstrated impact of constitutional rights on contract law in the mixed system of South Africa will be contrasted with developments in English and Australian contract law, where the common-law rules are more deeply entrenched and the potential scope for human rights-based development of these is arguably smaller, though still important. The article will argue, using comparative rules on specific performance as an example, that the concept of a duty of good faith or contractual fairness is likely to play a greater role in future in all three of the countries under consideration, reducing the common/civil/mixed legal systems divide.

Political development

This book fills a growing gap in the literature on international development by addressing the debates about good governance and institution building within the context of political development." "This accessible volume returns the key issues of human rights and democratization to the centre of the development debate and offers the reader an alternative to the conventional approach to, and definition of, the idea of "development." Discussing political development in its broadest context, it includes chapters on democracy, institutional-building, the state, state failure, nation, human rights and political violence." "Providing new insights into political development, this comprehensive text can be used on advanced undergraduate and postgraduate courses in international development, comparative politics, political theory and international relations.