Women's rights in the Islamic Republic of Iran: the contribution of secular-oriented feminism

A cornerstone of the conservative gender ideology of Iran’s clerical eliteis the conviction that biological differences between men and women arecause for them to have different roles and functions in society. Differentroles and functions translate to different (read unequal) legal rights.Notwithstanding the discriminatory gender policies of the state, Iranianwomen have refused to renege on their claims to equal rights. In the faceof intense political pressure to withdraw from the public arena, women inthe Islamic Republic have maintained a foothold in the political, socialand legal realms.

Preventative detention and the right of personal liberty and security under the International Covenant on Civil and Political Rights, 1966

Preventive detention enables a person to be deprived of liberty, by executive determination, for the purposes of safeguarding national security or public order without that person being charged or brought to trial. This paper examines Article 9(1) of the International Covenant on Civil and Political Rights, 1966 to assess whether preventive detention is prohibited by the phrase 'arbitrary arrest and detention '. To analyse this Article, this paper uses a textual and structural analysis of the Article, as well as reference to the travaux preparatoires and case law of the Human Rights Committee. This paper argues that preventive detention is not explicitly prohibited by Article 9(1) ofthe International Covenant on Civil and Political Rights 1966. If preventive detention is 'arbitrary', within the wide interpretation of that term as argued in this paper, it will be a permissible deprivation of personal liberty under Article 9(1) of the International Covenant on Civil and Political Rights, 1966. Preventive detention will, however, always be considered 'arbitrary' if sajeguards for those arrested and detained are not complied with, in particular the right to judicial review of the lawfulness of detention.

Women, minorities, and proportional representation in Parliament : a proposal for voting reform

The right to vote permits the voices of the electorate to be heard in democracies. However, voting is often insufficient for minorities to obtain representation by their preferred candidates. For traditional political ‘minorities’ including women, self-representation is essential to political equality and social equity. Despite holding roughly 50% of the electoral vote in Australia for 100 years, women comprise only 22% of the Commonwealth Members and 29% of Senators. This paper proposes a new vote counting system, STV with Borda elimination or STV-B. STV-B retains proportional representation but much greater voter control over selection of candidates. STV-B would provide women with a mechanism that yields proportional representation for women without undermining party representation.

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.

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 literary dawn: re-reading Louisa Lawson's poetry and politics

Scholarship on Louisa Lawson and the Dawn has necessarily often focussed on the important and wide-ranging achievements of her feminist work for women's legal, social and political rights. Indeed, as Audrey Oldfield notes, "Louisa Lawson was one of the most important figures in the New South Wales woman suffrage movement" (261). However, I want to focus here on the periodical publishing context of the Dawn as a means of pointing to further discussions of Lawson's significance as a poet. Megan Roughley has noted that the Dawn "was a forum for political causes, especially the movement for the emancipation and enfranchisement of women, and, as importantly to Louisa, the temperance movement" (ix), with influential articles appearing on a wide range of important issues including divorce reform. Yet, Lawson's construction of the Dawn was also highly literary from its first issue, with editorial choices and literary references reflecting her awareness of political and feminist literary culture. In addition to references such as the above quotation from Tennyson, Lawson included an epigraph from Joseph Addison's play Cato in the list of contents: "A day, an hour, in virtuous liberty, is worth a whole eternity in bondage." Citing Addison, a significant figure in the American Revolution, demonstrates Lawson's linking of radical class politics with feminism, as well as highlighting the importance of literary dialogues to Lawson's publishing work. Likewise, the concerns of Lawson's poetry are clearly situated within a continuing female tradition, and Lawson's poetry, when examined in the feminist literary context of the Dawn, reveals a radical and sophisticated poetics.

Back to the future : the war on terror and its impact on civil liberties

This comment looks at the capacity of the Australian Constitution to protect the civil liberties of a small number of citizens and would be citizens whose lives have been forever changed by recent acts of terror and the legislative and executive actions taken by the Commonwealth in response to those terrorist acts. These legal changes have included the creation of specific "terrorism" offences, the legislative proscription of two foreign organisations and, most notably, a significant expansion of ASIO's investigative powers.1
Whilst the Constitution contains a number of provisions and principles protective of civil liberties, in most instances they cannot resist government action expressly aimed at curtailing or infringing individual rights and freedoms. To this end, steps ought to be taken to strengthen existing institutions and mechanisms capable of providing meaningful civil rights scrutiny of government legislation. The comment begins with an examination of the close historical and legal parallels that exist between the present day and the Cold War era and suggests how the High Court might interpret the defence power should a terrorist attack occur on Australian soil. It concludes with a proposed reform. The reform involves vesting Ch III courts with the power to measure Commonwealth laws against the International Covenant on Civil and Political Rights when determining a legal controversy. This may operate to secure better legislative outcomes from a civil liberties perspective without compromising the supremacy of Parliament.

Still invisible : the myth of the woman-friendly state

Australian women faced the last two decades of the twentieth century, optimistic in their capacity to contribute positively to social change in the restructuring state. Encouraged by the relative euphoria of the late 1970s and early 1980s, women had a fleeting glimpse of the possibilities of woman-friendly legislation and feminist inspired government policy. What eventuated was the dismantling of supportive welfare structures, under the guise of economic rationalist state action, which undermined and eventually halted women’s economic and social advancement. This research project examines the impact of government policy on the welfare of Victorian women, through a feminist analysis of state and federal decision-making, framed in the context of case studies in the areas of employment, education and health. The promotion of ‘gender-neutral’ policy, by generally conservative bureaucracies, effectively exposes the mythical woman-friendly state. The implications do not auger well for Victorian women in the new millenium.

Beyond the separation of powers : judicial review and the regulatory proscription of terrorist organisations

Administrative law remains the key defence against an over-zealous executive arm of government, but administrative law needs to be understood in an international context. Perhaps nowhere is this more apparent than in relation to legislation designed to counter terrorist activities. The co-ordination of terrorist activities knows no borders, and state-centered executive action designed to address the threat of terrorism necessarily operates in a broader global environment. An important but controversial part of Australia's counter-terrorism legislation suite is the power to proscribe terrorist organisations. The authors contend that the scope of judicial review available in relation to decisions of the Commonwealth executive to proscribe terrorist organisations is inadequate and may jeapordise Australia's compliance with international standards, such as those provided in the International Covenant on Civil and Political Rights. Now is an opportune time to reassess the structure and operation of the power to proscribe organisations in Australia.

Abortion and conscientious objection: the new battleground

This paper examines the vexed issue of conscientious objection and abortion. It begins by outlining the increasing claims to conscientious objection invoked by physicians in reproductive health services. After an examination of developments overseas, the paper turns to the acrimonious debate in Victoria concerning the conscience clause and the 'obligation to refer' contained in the Abortion Law Reform Act 2008 (Vic) ('ALRA'). This paper questions the interpretation by the Catholic Church that the clause breaches its right to freedom of conscience and freedom of religion. We argue that the unregulated use of conscientious objection impedes women's rights to access safe lawful medical procedures. As such, we contend that a physician's withdrawal from patient care on the basis of conscience must be limited to certain circumstances. The paper then examines international and national guidelines, international treaties and recommendations of treaty monitoring bodies, laws in other jurisdictions, and trends in case law. The purpose of this examination is to show that the conscientious objection clause and the 'obligation to refer' in ALRA is consistent with international practice and laws in other jurisdictions. Finally, the paper turns to the problematic interpretation of conscience and moral responsibility in the context of abortion. We believe that narrow interpretations of conscience must be challenged, in order to incorporate patients' rights to include the choice of abortion and other lawful treatments according to their conscience. We conclude that the conscientious objection provisions in ALRA have achieved the right balance and that there is no justifiable legal reason upon which opponents can challenge the law.

Re-examining the centrality of ethnic Identity to the Kachin conflict

This paper seeks to reframe the conventional characterization of Kachin conflict which is anchored in ethnicity. Based on a series of interviews the paper focuses on how power is framed and contested in relation to processes of identification. Identity is defined as the politicised manifestation of ideological underpinnings associated with the distribution and management of political power. Thus the paper draws together field research conducted by the authors in late 2014, with theoretical discussion around key ideas often employed in analysing these conflicts: 'ethnicity', 'national race', 'identity', 'territory' and 'resource' conflict. The paper concludes that 'ethnicity' has become the outward manifestation of a conflict that is actually far more deeply underpinned by issues of political rights and distribution, state power versus decentralisation, the quest for equality and freedom, and the question of who constitute the demos in Myanmar’s democracy.

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.