Saving human rights from its friends : a critique of the imaginary justice of Costas Douzinas

Costas Douzinas has argued that human rights arise from a universal but unconscious need for recognition of oneself by others as unique and whole. According to Douzinas, humans' activities and interrelationships are determined by their desires and human rights are a manifestation of those same deep characteristics. Because the basic desires are by their nature incapable of being satisfied, the aspiration for human rights is likewise doomed to frustration. Douzinas' analysis of human nature is derived from a reading of Jacques Lacan's theory of psychoanalysis in which an imaginary and a symbolic realm of experience are defined. Douzinas attempts a synthesis between the Lacanian imaginary and the ethical arguments of Emmanuel Levinas. It will be argued here that the synthesis proposed by Douzinas is itself doomed to failure and that Douzinas' negative approach to human rights and to justice should be rejected in favour of a positive approach.

Climate change and social inclusion: opportunities for justice and empowerment

...the greatest untapped resource at our disposal lies in the disadvantaged Australians living in our most excluded communities. (Nicholson 2007 p. 4)

The commons are where justice and sustainability converge, where ecology and equity meet. (Shiva 2005 p. 50)

Since 1990, the Intergovernmental Panel on Climate Change (IPCC) has recognised human induced climate change to be primarily a result of burning fossil fuels and land clearing (Lee 2007). Changes to the world's climate patterns have been occurring for decades, but only in recent times has climate change arrived in our collective conscious. An onslaught of extreme weather events, destruction and failure of crops, increasing levels of water restrictions, government announcement of desalination plants. proposed increase in prices for utilities such as power and water - have ushered climate change into the Australian lexicon.

The challenges for all of us are many and varied and perhaps even unimaginable. as many propose a global reduction in annual C02 emissions of between 60-80% (compared to 1990 levels) by 2050.

We are not talking just about the re-construction of our world, but about its re-invention. Ryan (2007)

How will climate change affect us? Who is most vulnerable? What will be the features of policies and strategies to combat climate change that ensure an equitable and just response across our entire society? Are our present social-cultural justice paradigms of social exclusion and inclusion adequate in addressing the impending health consequences that are likely to result from climate change, and in supporting an equitable. harmonious and fruitful life for all population groups in the future?

This paper, written in the spirit of solution-oriented research. focusing on the causes of positive health rather than the causes of disease and other problems (Robinson & Sirard 2005). explores the possibility of a paradigm shift which imagines the social inclusion of specific population groups, not as an appended extra, but integral to the design of an equitable, sustainable low carbon society of the future.

Public satisfaction with police : the importance of procedural justice and police performance in police-citizen encounters

A large body of literature has demonstrated that when authorities use procedural justice with those they regulate, people will be more satisfied with those authorities and will be more willing to cooperate and comply with their directions and rules. In the context of policing, procedural justice has also been shown to be important for shaping citizens’ views about police legitimacy, their satisfaction with police and also in fostering cooperation with police. What remains largely unexamined, however, is whether the positive effect of procedural justice varies across different types of police–citizen encounters. Using survey data collected from a national sample of 1,462 Australians, the present study will examine the relative importance of procedural justice on overall ratings of police satisfaction across two types of police–citizen encounters (citizen-initiated contacts and police-initiated contacts). It will be shown that procedural justice is most important in police-initiated contacts, while police performance is most important in citizen-initiated contacts.

The recruitment and retention of Indigenous criminal justice agency staff in an Australian state

In Australia, as in other countries that have experienced colonisation, indigenous people are massively overrepresented in all stages of the criminal justice system. If criminal justice agencies are to provide culturally responsive and effective services to this group, it is important that they employ significant numbers of indigenous staff across all levels of their organisations. Despite the positive intentions of many justice agencies to increase the proportion of indigenous staff members they employ, the numbers remain low. In this article, we explore some of the possible reasons for this by reporting the results of focus groups conducted with existing indigenous justice agency employees. The employees raised a number of issues relevant to recruitment and retention. These are discussed in terms of their potential value in improving justice agency indigenous recruitment and retention strategies.

Therapeutic Jurisprudence, juvenile justice and the UN Convention on the Rights of the Child : do they coexist?

The UN Convention on the Rights of the Child provides children and young people with over 40 substantive rights, the five outcomes of which are living a healthy lifestyle, staying safe, enjoying and achieving, making a positive contribution, and economic wellbeing. Moreover, Article 3 dictates that all organizations concerned with children should work towards what is best of each child. It is not clear how these rights translate to the care of children and young people who come before the courts (particularly those who are subsequently incarcerated). A review of the literature suggests that while best practice guidelines for the treatment and rehabilitation of adult offenders has moved forward, there is little consensus about how this might be achieved for young people. Therapeutic Jurisprudence (TJ) needs to extend beyond its current considerations of the rights of children and young people, and to expand its focus to the extent to which international human rights standards are complied with in the cases of juveniles in the criminal justice system. This presentation will (a) explore the extent to which current practices in juvenile justice are consistent with the UN's Convention and (b) whether the adoption a rehabilitative and treatment approach based on a TJ framework might serve to improve outcomes for young people and ensure their rights are not being violated.

Youth justice: challenges in responding to young people convicted of sexual offences

The clinical and criminological literature on adolescents who have committed sexual offences indicates that a pathologisation of young people and a labelling or overly punitive response is likely to be more harmful than rehabilitative. Accordingly, therapeutic counselling and diversionary schemes are seen as preferable to custodial terms in most instances. For adolescents convicted of sex offences, clinicians identify the benefits of comprehensive therapeutic care which involves family and is sensitive to the young person's context and culture. The benefits of this approach are documented and, although data are limited, indications are that recidivism is reduced where adolescents are provided with specialised counselling to encourage positive and non-abusive behaviours. Yet each jurisdiction experiences difficulties in ensuring the provision of equitable and comprehensive therapeutic services, particularly to regionally or remotely located youth. This paper draws on data from a national study of the services to children and adolescents with sexualised or sexual offending behaviours. With attention to the difficulty in providing services to regionally or remotely located adolescents, this paper identifies challenges around lengthy remand terms, the provision of pre-offence diversionary programs, and the provision of specialised services for young people serving community orders. For example, jurisdictions with the largest geographic service areas face enormous difficulties in providing specialised supervision for community-based orders. At present there are several jurisdictions where regionally and remotely located adolescents may serve the duration of a youth justice order without receiving sepcialised counselling to assist them in modifying their behaviours. The paper identifies the risks where specialised counselling cannot be provided, but also identifies specific initiatives designed to fill these gaps in service provision to youth justice clients.