Navigating human rights across the life course

Issues related to human rights have increasingly moved to the forefront of professional concern in recent years. Despite this, there has been minimal attention paid to exploring how changing human needs across the lifespan impact upon human rights. This paper takes a broad look at human rights issues that occur across the life course, and uses examples of life course transitions to illuminate issues related to moral rights and human rights. The examples include family formation, raising children, adolescent maturation in the context of youth offending and grandparents parenting their grandchildren. Each example explores the contestable rights and responsibilities of children, young people and adults and the ways in which these are negotiated within the context of the family.

Human rights and the right to development : insights into the Myanmar government's response to rights allegations

Myanmar is ruled by a military government that is strongly condemned for human rights abuses. In responding to these allegations, the Myanmar government repeatedly adopt the language of Right to Development as a counter perspective and counter allegation. The Right to Development is not well reflected in the Western human rights discourse, and both its development and Myanmar's position in the Right to Development dialogue are considered. This paper looks at the differing perspective that an understanding of the official public Myanmar response to rights allegations brings to the human rights debate surrounding Myanmar, highlighting contested ideas concerning the identity of rights duty-bearers, conceptions of those duties, and allegations of double standards. While the Myanmar position that sanctions violate the Right to Development is rejected, it is suggested that this difference in perspective is a contributor to the impasse and communication gap between the West and the Myanmar regime over human rights.

Hollow avowals of human rights protection-time for an Australian federal bill of rights?

Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed - a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional protection.

Advance directives and the persistent vegetative state in Victoria: a human rights perspective

With advances in medical technology, it is now possible to sustain the life of a person in a persistent vegetative state (PVS) until a decision is made to withhold or withdraw life-sustaining treatment. Who makes that decision? Under the Medical Treatment Act 1988 (Vic) there is no legally enforceable right for a person to choose, in advance, what intervention that person will and will not accept if he or she ends up in a PVS. The best that can be achieved is that a person can appoint an agent who is empowered to refuse medical treatment on the person's behalf in the event of incompetence. It is suggested that this mechanism ignores two fundamental human rights: self-determination and the inherent right to dignity. This article proposes the development of an advance directive mechanism that provides for a person to refuse, in advance, specified intervention, thereby respecting fundamental human rights and alleviating the existing need for an agent to second-guess a person's desires and best interests.

Case studies in human rights education and critical educational science

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.

Women's human rights and the Muslim question : Iran's one million signatures campaign

Women's Human Rights and the Muslim Question shows how Muslim women have made meaningful contributions to the development of the international framework on gender equality and women's rights. An investigation into the women's movement of Iran offers a practical grounding for this argument, and presents unprecedented findings on how ideological divisions along secular and religious lines have been worked in favour of a rights-based framework for change.The book presents a comprehensive synthesis and analysis of the campaign material of the women's movement 'Change for Equality Campaign'—one of the most progressive and sophisticated movements in the Middle East/Central Asia.

Emergence of the individual as an international juristic entity: enforcement of International Human Rights

In this article it is contended that state practice, as evidenced in the  declarations of the judiciary and the many treaties and conventions  guaranteeing human rights, reveals a consensus of opinion acknowledging the individual to be an international juristic entity. So extensive is this practice that it could be seen as marking the emergence of a new customary international norm; or at least a general principle of international law, yet to crystallise into a custom; acknowledging the individual as the beneficiary of international rights. This is important for individuals and minority groups because if they possess international rights independently of the State, enforcement of their rights will no longer depend on the interests of the State. Where the State is often the offender of human rights, international law will not effectively confer any real rights unless the individual is so recognised as an international juristic entity.

Privatising human rights: what happens to the state`s human rights duties when services are privatised?

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.

Transnational feminism, globalisation, human rights and education

The article demonstrates how neo-liberal ideologies and market forces of
globalisation have produced new discourses in education, which have created new sites of political action and require a radical rethinking about feminist theorizing concerning gender equity in education. The article, in analysing the transformation of the social relations of gender and social stratification, draws from feminist, poststructuralist and postcolonial theories. The author concludes that there is need for redefining
feminist paradigms in global pedagogies. Such a new paradigm in feminist pedagogy, based on discourses of power, human rights and social justice should provide a foundation for improving the equity for girls and women in education and society globally.

Holding the purse strings : the continuing evolution of human rights law and the potential liability of the finance industry for human rights abuses

While the responsibility of States and, in more recent times, corporations, has been thoroughly discussed in relation to human right~, a new stage of evolution may be emerging in relation to the liability of the financial backers of an enterprise that is accused of human rights abuses. This article considers the basis in international law for such emerging liability and examines some of the legal avenues used in recent domestic litigation against financial institutions. The article concludes by examining some of the relevant instruments of 'soft' international law and notes that although there is little in the way of concrete legislation or judicial precedent that would hold financial institutions responsible for the actions of those they invest in, the potential for the law to evolve in that direction is clear.

International human rights law: all show, no go

This article examines the following issues: (i) If international human rights  instruments are so worthwhile, why are much of the world’s people still living in conditions of destitution? and (ii) what can be done to make international law the best it can be at improving the living standards of the human species?