Does Australia's treatment of non-citizens accord with its international human rights obligations? with specific reference to the treatment of on-shore refugees

The son of immigrants, I was motivated to write a paper addressing the issues of alienation and discrimination which confronts non-citizens upon arriving in Australia. Apart from descendants of Australia's indigenous population, the common bond shared by all citizens and permanent residents of Australia is that they are either themselves immigrants or are descended from immigrants. In this paper I will look at whether Australia's law and practice meets its international human rights treaty and convention obligations vis-a-vis non-citizens. To investigate this issue I trace the history of immigration to Australia and look at the political policies which influenced the treatment of non-citizens from 1788 to present times. In 1958 when my parents stepped upon Australian soil as displaced persons, Australia was a very different place from Australia in the 1990s. At that time Australia was still firmly under the influence of the 'White Australia Policy' which openly encouraged discrimination against non-anglo saxons. Since those times Australia has advanced to become one of the most culturally diverse nations in the world where multiculturalism is encouraged and a non-discriminatory immigration program is supported by both Australia's major political parties. However, notwithstanding the great social advances made in Australia in recent decades the traditional legal sources of law, namely, judicial pronouncements, statutes and the Commonwealth Constitution have not kept pace and it is my submission that Australia's body of law inadequately protects the rights of non-citizens when compared to Australia's international human rights convention and treaty obligations. This paper will consider these major sources of law and will investigate how they have been used in the context of the protection of the rights of non-citizens. It will be asserted that the weaknesses exposed in the Australian legal system can be improved by the adoption of a Bill of Rights1 which encompasses Australia's international human rights treaty and convention obligations. It is envisaged that a Bill of Rights would provide a framework applicable at the State, Territory and Federal levels within which issues pertaining to non-citizens could be resolved. The direction of this thesis owes much to the writings, advice and supervision of Dr. Imtiaz Omar who was always available to discuss the progress of this work. Dr. Omar is a passionate advocate of human rights and has been a tremendous inspiration to me throughout my writing. I owe a debt of thanks to the partners of Coulter Burke who with good nature ignored the sprawl of books and papers on the boardroom table, often for days at a time, thus enabling me to return to my writing from time to time as my inspirational juices ebbed and waned. Thanks also go to my typists Julie Pante, Vesna Dudas and Irene Padula who worked after hours and on weekends always without complaint, on the various versions of this thesis. My final acknowledgement goes to my wife Paula who during the years that I was working on this thesis encouraged me during my darker moments and listened to all my frustrations yet never doubted that I would one day complete the task successfully. I wish to thank her wholeheartedly for her motivation and belief in my abilities. The law relied upon in the thesis is as at the 30th June, 1998. Bill or Charter of Rights 'are taken to be enactments which systematically declare certain fundamental rights and freedoms and require that they be respected'. See Evans, G. 'Prospect and Problems for an Australian Bill of Rights' (1970) 3 Australian Year Book of International Law 1 at 16. Some such notable exception is the New Zealand Bill of Rights Act 1990, contained in an ordinary statute.

Mental health legislation (civil) in Australia and China: a comparative study

This comparative review of statutory provisions of Australian and Chinese law focuses on accessibility of mental health care, diagnosis, admission and treatment orders for involuntary patients in civil cases as well as discharge procedures. The introduction contextualises the object of the comparative study, including key rights and principles that are used as the basis for analysis. Such factors as different political and legal systems, history, culture, and infrastructure resources of China and Australia form the background for the legal examination. Not surprisingly, these five factors, rather than statutory texts per se, are found to be the most important drivers of each country’s approach to the law of mental health. Two cases, XX v WW [2014] VSC 564 in Australia and Xu Lixin v Xu Canxing, Qingchun Psychiatric Rehabilitation Hospital of Shanghai [2015], known as the Right to Liberty Case, in China illustrate practical differences in legal approach to involuntary treatment. The comparative analysis concludes by identifying the most problematic aspects of the legislation in each country.

Civil Rights on the Cell Block: Race, Reform, and Violence in Texas Prisons and the Nation, 1945-1990

This study, "Civil Rights on the Cell Block: Race, Reform, and Violence in Texas Prisons and the Nation, 1945-1990," offers a new perspective on the historical origins of the modern prison industrial complex, sexual violence in working-class culture, and the ways in which race shaped the prison experience. This study joins new scholarship that reperiodizes the Civil Rights era while also considering how violence and radicalism shaped the civil rights struggle. It places the criminal justice system at the heart of both an older racial order and within a prison-made civil rights movement that confronted the prison's power to deny citizenship and enforce racial hierarchies. By charting the trajectory of the civil rights movement in Texas prisons, my dissertation demonstrates how the internal struggle over rehabilitation and punishment shaped civil rights, racial formation, and the political contest between liberalism and conservatism. This dissertation offers a close case study of Texas, where the state prison system emerged as a national model for penal management. The dissertation begins with a hopeful story of reform marked by an apparently successful effort by the State of Texas to replace its notorious 1940s plantation/prison farm system with an efficient, business-oriented agricultural enterprise system. When this new system was fully operational in the 1960s, Texas garnered plaudits as a pioneering, modern, efficient, and business oriented Sun Belt state. But this reputation of competence and efficiency obfuscated the reality of a brutal system of internal prison management in which inmates acted as guards, employing coercive means to maintain control over the prisoner population. The inmates whom the prison system placed in charge also ran an internal prison economy in which money, food, human beings, reputations, favors, and sex all became commodities to be bought and sold. I analyze both how the Texas prison system managed to maintain its high external reputation for so long in the face of the internal reality and how that reputation collapsed when inmates, inspired by the Civil Rights Movement, revolted. My dissertation shows that this inmate Civil Rights rebellion was a success in forcing an end to the existing system but a failure in its attempts to make conditions in Texas prisons more humane. The new Texas prison regime, I conclude, utilized paramilitary practices, privatized prisons, and gang-related warfare to establish a new system that focused much more on law and order in the prisons than on the legal and human rights of prisoners. Placing the inmates and their struggle at the heart of the national debate over rights and "law and order" politics reveals an inter-racial social justice movement that asked the courts to reconsider how the state punished those who committed a crime while also reminding the public of the inmates' humanity and their constitutional rights.

Article 6 ECHR, Civil Rights and the Enduring Role of the Common Law

This article examines the role that the common law has played in Human Rights Act 1998 case law on the protection of 'civil rights' within the meaning of Article 6 ECHR. Focusing on Article 6 ECHR's 'disclosure' and 'full jurisdiction' requirements, it highlights an increasingly nuanced relationship between the ECHR and common law in cases under and outside the Human Rights Act 1998. Although the general pattern within the case law has been one of domestic court fidelity to the ECHR - something that is wholly consistent with section 2 of the Human Rights Act 1998 - the article notes areas in which the courts have been reluctant to adapt common law principles, as well as instances of common law protections exceeding those available under Article 6 ECHR. The article suggests that such lines of reasoning reveal a robustness within the common law that brings a multi-dimensional quality to the Human Rights Act 1998. It also suggests that such robustness can be analysed with reference to 'common law constitutionalism' and a corresponding imagery of 'dialogue' between the domestic courts and European Court of Human Rights.

Has the Civil Rights Movement been successful?

Para conocer las causas y consecuencias del Movimiento de Derechos Civiles. Invita a los lectores a pensar y expresarse de manera independiente, enseñándoles cómo pensar en vez de qué pensar. Incluye actividades que fomentan el pensamiento crítico y creativo, para evaluar diferentes perspectivas sobre las cuestiones relacionadas con la discriminación en los Estados Unidos, a distinguir entre hechos y opiniones, sopesar la fuerza de los argumentos de los demás, y reconocer los supuestos de los demás. Para animar al debate se ofrece estudios de casos, relatos, informes, discusiones.

African-american civil rights in the USA.

Recurso que ayuda a los estudiantes a preparar, analizar, interpretar y evaluar los temas de historia del nivel AS/A y que estudia la lucha de los afro-americanos para lograr la igualdad en los últimos 150 años. En el capítulo 1 se estudian los puntos de vistas más comunes sobre el movimiento de los derechos civiles; en el capítulo 2 se señalan los antecedentes de este movimiento y se examina la segregación de los afroamericanos en los estados del sur de Estados Unidos; en el capítulo 3 se analiza el papel jugado por las dos guerras mundiales en la transformación del contexto del movimiento de los derechos civiles, así como la aparición de las primeras organizaciones que desafiaban la segregación en el sur. Los capítulos 4 y 5 prestan atención a los retos de la discriminación después de 1945; en el capítulo 6 se describe el éxito del movimiento por los derechos civiles entre 1963 y 1965 y la eliminación, a fines de 1965, en los estados del sur de la política segregacionista. Po último, el capítulo 7 analiza el legado de este movimiento y los logros conseguidos desde 1965.

Civil rights in the USA, 1865-1992.

Cumple con los requisitos para OCR A2 de Historia, unidad F961 Opción B y su contenido se divide en cuatro secciones, cada una de las cuales explica un aspecto del desarrollo de los derechos civiles en Estados Unidos en este período: derechos de los afro-americanos, derechos laborales, derechos de los nativos y derechos de las mujeres. Incluye una selección y definición de los temas, conceptos, acontecimientos y lugares considerados relevantes, así como breves biografías de personajes clave y consejos para los exámenes.

Teaching the History of Civil Rights at A Predominantly White Institution

Building on a 2003 pilgrimage to a dozen sites important in the Civil Rights Movement of the 1950's and 1960's, and conversations with movement leaders of then and now, the authors created an initiative at their 93% white campus to educate today's students about the heritage the civil rights struggle

An Evening with Richard Claxton “Dick” Gregory, Civil Rights Activist, Nutritionist, Comedian, and Author

Gregory, Richard Claxton “Dick” (Born, October 12, 1932, St. Louis, Mo.), African American comedian and civil rights activist whose social satire changed the way white Americans perceived African American comedians since he first performed in public. Gregory’s autobiography, Nigger, was published in 1963 prior to The assassination of President Kennedy, and became the number one best-selling book in America. Over the decades it has sold in excess of seven million copies. His choice for the title was explained in the forward, where Dick Gregory wrote a note to his mother. “Whenever you hear the word ‘Nigger’,” he said, “you’ll know their advertising my book.” In 1984 he founded Health Enterprises, Inc., a company that distributed weight loss products. In 1987 Gregory introduced the Slim-Safe Bahamian Diet, a powdered diet mix, which was immensely profitable. Economic losses caused in part by conflicts with his business partners led to his eviction from his home in 1992. Gregory remained active, however, and in 1996 returned to the stage in his critically acclaimed one-man show, Dick Gregory Live! The reviews of Gregory’s show compared him to the greatest stand-ups in the history of Broadway.