Remedying discrimination : the limits of the law and the need for a systemic approach

Very few discrimination complaints reach the courts each year. As with other civil litigation, the reasons for this include the cost of pursuing litigation and, particularly for complainants, the risk of losing or receiving less than the complainant could have negotiated prior.

Drawing on interviews with lawyers and non-legal advocates in Victoria and an analysis of successful cases in three jurisdictions, this article examines the remedy the court is likely to award in a successful discrimination complaint and considers the effect of this on the eradication of discrimination in society. A comprehensive examination of the remedies awarded in successful discrimination complaints in Victoria over a three year period shows that courts are most likely to order compensation at modest amounts and complainants are not regularly awarded their costs. A comparison with Queensland and the federal system reveals a similar experience. Even in those jurisdictions where wider remedies are available, courts rarely take the opportunity to make broad orders which could affect other similarly situated individuals or deter would-be respondents.

While it is necessary to remedy the complainant’s experience, it is also necessary to address broader, systemic discrimination and a compensation award cannot do this. Remedying discrimination with compensation is primarily a problem because it is reactive. Compensation does not address other instances of discrimination in society or achieve systemic change nor does it encourage compliance because the respondent is not required to take anticipatory action to prevent another complaint.

Based on the interpretive principles and extensive remedies provided in South Africa’s recent anti-discrimination and a study of remedies ordered by the South African Equality Courts and the Irish Equality Tribunal, the article proposes reforms to Australia’s anti-discrimination legislation to enable courts to make wider orders which target other instances of discrimination in addition to remedying the complainant’s experience.

“People’s law” and restorative justice: the success of circle sentencing in New South Wales

Informal sentencing procedures in remote Indigenous communities of Australia have been occurring for some time, but it was in the late 1990s that formalization of the practice began in urban areas with the advent of Indigenous sentencing and circle courts. These circle courts emerged primarily to address the over-representation and incarceration of Indigenous people in the criminal justice system. The first Indigenous urban court was assembled in Port Adelaide, South Australia in June 1999 and was named the Nunga Court. Courts emerging since in other states are based on the Nunga Court model, although they have been adapted to suit local conditions. The practice of circle sentencing was introduced in New South Wales (NSW) in Nowra in February 2002.

Comparative Analysis of Adolescent Pregnancy in Central America, Mexico and South Carolina

This paper addresses the issue of adolescent pregnancy in Mexico, Central America and South Carolina and implications for social work practice with immigrant communities. The paper is based on current literature and on cross-national, on-line survey of local and international pregnancy prevention programs. The paper analyzes and discusses various psychosocial causes of pregnancy in adolescents, including: limited opportunities for formal education, infrequent open discussions about sexual health, rising costs of adequate birth control, and difficulty in obtaining contraceptives in remote locations. This research paper analyzes current statistics on the effectiveness of existing projects and programs and compares and contrasts research about the validity and efficacy of these programs in both South Carolina and abroad. Finally, the paper addresses implications for social work practice with adolescents in immigrant communities.

The megalopa and early juvenile stages of Calappa tortugae Rathbun, 1933 (Crustacea, Brachyura) reared in the laboratory from South Carolina neuston samples

Neuston samples collected from the Charleston Bump region off the coast of South Carolina, U.S.A., during the summers of 2002 and 2003 consistently included a decapod species of undetermined identity with a large brachyuran megalopa. Despite their resemblance to some calappids, it was impossible to make a definitive identification based solely on general morphology. Therefore, additional neuston tows were taken on the continental shelf near Charleston, during the summer of 2004 to obtain these living megalopae. These were raised successfully through five juvenile stages at the Southeastern Regional Taxonomic Center (SERTC) laboratory. The morphology of the juveniles provided evidence that they are megalopae of Calappa tortugae Rathbun, 1933. Comparisons with megalopae of Hepatus epheliticus (Linnaeus, 1763), H. pudibundus (Herbst, 1785), Calappa flammea (Herbst, 1794) and Cryptosoma balguerii (Desbonne, 1867) are presented here. This is the first complete description of the megalopa morphology of a member of the genus Calappa Weber, 1795 from the Western Atlantic, and it is helpful for taxonomic, systematic and ecological purposes.

Covenanters of South Carolina Collection - Accession 208 - M92 (118)

The Covenanters of South Carolina Collections consists of a "Sketch of the Covenanters of Rocky Creek, South carolina About 1750 to 1840" by Miss Mary Elder, 1886 as dictated to her by her father Mr. Matthew Elder, Yorkville, SC. Also included is an undated genealogical sketch of William Stinson (Stevenson) (1752-1809) who was a covenanter from Rocky Creek, SC and a "History of Fishing Creek Presbyterian Church by Mrs. Frank Hicklin" that was written ca. 1958. The Fishing Creek Presbyterian Church was organized ca. 1752.

Equal Rights Amendment South Carolina Coalition Records - Accession 693

The Equal Rights Amendment South Carolina Coalition Records consist of pamphlets, membership listings, newsletters, bulletins, interstate correspondence, legislation positions, polls, newspaper clippings, article reprints, general correspondence and various memorabilia to the attempt to obtain South Carolina ratification of the passage of Equal Rights Amendment. The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.

South Carolina Extension Homemakers Council History and Handbook - Accession 46 - M21 (31)

The South Carolina Extension Homemakers Council History and Handbook collection consists of History of South Carolina Extension Homemakers Council: Fifty Years 1921-1971 by Mrs. W. E. Cochran, 1971 and a 1971-1972 Handbook of South Carolina Extension Homemakers Council.

Victims of War must be loyal to deserve protection: International law and national legislation on enemy aliens 1907-1918

In international law the internment of civilians has only been regulated in writing in the context of the 4th Geneva Convention of 1949. Nevertheless this did not mean that civilians were not protected by at least some rules of customary international law before that date and especially in World War I. Furthermore specialists of international law expected states – at least those considered to be part of the community of civilized nations – to continue to treat all men equal before the law even in wartime. As research already conducted (Bird, Panayi, Fischer) has shown, this was not the case during World War I. Based on these findings the presentation proposed here wants to look into the development of international law and into some national preparations for treating so called “enemy aliens” in the period before 1914 (Austria-Hungary, Australia, United Kingdom), in order to see to what extent principles of international law protecting civilians from the consequences of war can be detected in the pre-war preparations. As far as can be judged so far the issue of loyalty was central in this context. Looking at the war itself, the presentation proposed here will try to look at how far the principles of international law alluded to above continued to influence the policies on “enemy aliens” in the countries mentioned and to see, how the International Committee of the Red Cross tried to use them to legitimize and expand its protective policies in regard to civilians interned in belligerent as well as neutral countries throughout the war.