The Castan Centre
Human Rights Blog
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Explainer: The international courts investigating Russia’s Ukraine invasion, and how they differ
Last week, it was announced that the International Criminal Court (ICC) prosecutor was opening an investigation into the Russian invasion of Ukraine, examining whether any war crimes had been committed. Then this week, the International Court of Justice (ICJ) held a preliminary hearing into the Ukrainian demand that it issue an emergency order that Russia stop its…
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‘All in this together’: Similarity, difference, or none of the above?
Today marks what the United Nations calls ‘International Human Solidarity Day’. The idea of solidarity across borders is appealing, particularly in light of the many global crises that challenge the enjoyment of human rights. But can we conceptualise solidarity in a manner which enables it to go beyond mere rhetoric? Does it (or can it)…
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COVID vaccination mandates do not contravene Australia’s human rights laws
By AAP FactCheck, expert commentary by Maria O’Sullivan and others WHAT WAS CLAIMED COVID-19 vaccination mandates are at odds with the 1986 Human Rights Commission Act OUR VERDICT False. Experts say the legislation in question does not have any relevance to vaccine mandates in Australia. Queensland Liberal National Party (LNP) senator Gerard Rennick says there are human…
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Interstate human rights jurisprudence confirms the certainty and coherence of the Victorian Charter, but we can learn a thing or two from Queensland
The Supreme Court of Queensland recently delivered a landmark judgment (the Owen-D’Arcy judgment) on the operation of the Human Rights Act 2019 (Qld). The HRA is Australia’s most recently enacted human rights statute joining those already in force in Victoria and the Australian Capital Territory. These human rights statutes mark a change from the traditional…
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The foreign policy response to the situation for women in Afghanistan: From optics to effective change?
Concerns for the rights of Afghan women and girls were used to leverage support for the war in Afghanistan from start to finish. In her famous radio address at the beginning of the war, Laura Bush urged Western governments and the international community to amplify and protect the voice of Afghan women. Throughout the duration…
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Few reflections on the right to privacy in the digital age under the African human rights law
No right has preoccupied as many conversations in the digital age than the right to privacy. This is mainly owing to the fact that an individual’s privacy is being subjected to constant intrusion by States and non-state actors, thereby leaving the individual’s lives in a ‘goldfish bowl’ situation. At global and regional levels, countries are…
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Indigenous people cannot be aliens in their own land. Why challenging this fact (again) is so concerning
By Melissa Castan and Kate Galloway Last year, we wrote an overview of the High Court decision in Love, Thoms v Commonwealth. The case concerned whether the Commonwealth had the power to deport two Aboriginal men who were born overseas. Neither man was an Australian citizen under Commonwealth law. If the men were deemed “aliens”, then…
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The right to die with dignity and autonomy in Victoria
A right to assisted dying is a scary proposition. It means that a State is obliged to help someone die. Such a right challenges traditions, values, and beliefs. Societies are living organisms, built on continuity, and the sanctity of human life.
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Conference Conversations: Bringing Rights Home
Conference Conversations is a 3-part blog series based on papers from key speakers at the Castan Centre Human Rights Law Conference 2021, which took place on Friday 23 July this year. The final blog in this series is based on a paper presented by the author, Emeritus Professor Rosalind Croucher AM, in session three of the conference on…
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Conference Conversations: Considering Homelessness in Australia with Fresh Eyes
Conference Conversations is a 3-part blog series based on papers from key speakers at the Castan Centre Human Rights Law Conference 2021, which took place on Friday 23 July this year. The second blog in this series is based on a paper presented by the author, Professor Jean Allain, in session two of the conference…
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Conference Conversations: Interrogating Our Self-Image as a Champion of Gender Equality
Conference Conversations is a 3-part blog series based on papers from key speakers at the Castan Centre Human Rights Law Conference 2021, which took place on Friday 23 July this year. The first blog in this series is based on a paper presented by the author, Dr Tania Penovic, in session one of the conference…
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What the launch of Team Trump’s social media platform tells us about free speech
By Madeleine Hale On Independence Day this year, Donald Trump’s Team launched GETTR, an alternative social media platform, and Team Trump’s answer to mainstream platforms Facebook and Twitter, which both censored and de-platformed the former US President in 2020. The platform, founded by former advisor to Donald Trump, Jason Miller, advertises itself as a “marketplace…
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A strong Indigenous Voice to Parliament is a sign of ‘healthy democracy’
The shadow Attorney-General, Michaelia Cash has asserted that the Voice to Parliament is divisive, and breaches discrimination laws. She is wrong. Seeking to overcome the systemic discrimination that Indigenous Australians face, is entirely consistent with our racial discrimination laws.
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Government’s family law bill is a big step forward. But it doesn’t do enough to address family violence
The Labor government’s Family Law Amendment Bill 2023 is making its way quietly through Australia’s federal parliament. It will become one of the most important laws passed this year. It proposes to overhaul the family law system to make it “safer and simpler for separating families to navigate, and ensure the best interests of children are placed at its…
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Victoria could protect LGBTQI people from hate. Why won’t the government act now?
For more than 20 years in Victoria, it has been unlawful to vilify people on the basis of their race or religion. Quite rightly, this means action can be taken against white supremacist speech, or hate speech which targets, for example, the Jewish or Muslim communities. But other communities in Victoria have no such protection. It…
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Be assured the Voice will be a grassroots, diverse process
Australians have many questions about what The Voice to Parliament will look like, how it will work and why it is needed. These are all important questions and it is reasonable that people want to know the answers before they cast their vote in the referendum later this year. This piece explains the principles that…
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Why the time is right for Australia to enact a Charter of Human Rights
Recent events demonstrate the most progress we have seen on enacting an Australian Charter of Human Rights in the last decade. It’s time that Australia joined all other Western nations by creating a comprehensive legal framework that supports and upholds the human rights of everyone living in Australia.
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Legal experts weigh in on Indigenous Voice to Parliament referendum question
Now that we have the wording of the constitutional amendment and the referendum question, it is important to consider what these words actually mean and whether there is anything in the proposed text that we should be worried about.
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The Voice: nothing to fear
John Farnham’s 1980s hit You’re the Voice opens with the lines ‘We have the chance to turn the pages over / We can write what we want to write.’ This nicely fits what Australians will do later this year when they vote in a referendum to enshrine an Aboriginal and Torres Strait Islander Voice in…
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Anti-trans hate. How do we make sure Australia doesn’t go down the same path as the US and UK?
Transgender people once again find themselves in the middle of a media storm, stemming from a clash between anti-trans groups (including neo-Nazis) and trans and gender-diverse (TGD) people in front of Parliament House in Melbourne on 18 March.
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International Women’s Day must be inclusive of ALL women
Since the early 1900s, women have used International Women’s Day (IWD) to demand equality; fight for equal pay, better workplace conditions, and the right to vote. In 2023, IWD continues to be a platform to advocate for women’s rights, and it is more important than ever to remember that this day is for, and about, ALL women, not…
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Voice to Parliament: Debunking 10 myths and misconceptions
The Uluru Statement from the Heart is a generous invitation to all Australians from First Nations peoples to walk together towards a better future. Having a referendum on a First Nations Voice to Parliament is the first step on that walk; a chance to change the Constitution to enable First Nations people to be heard in matters that affect…
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Religious schools can build a community of faith without discriminating. The law should reflect that
Last month, the ALRC released its consultation paper. It recommended the exceptions in federal discrimination law allowing religious schools to discriminate be removed.In response, some faith leaders and commentators have argued the ALRC proposals threaten the future of religious education, represent a “fundamental attack” on religious freedom, and would be “catastrophic” for religious schools.This is entirely untrue.
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Human Rights Day 2022: A Federal Human Rights Act to Deliver Climate Justice
Against the background of Human Rights Day on 10 December 2022, the recent decision of the Land Court of Queensland in Waratah Coal Pty Ltd v Youth Verdict Ltd provides an illustration of the potential for human rights enshrined in law to be mobilised in claims for climate justice.
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Torres Strait Islanders successful in landmark human rights complaint against Australia
In a historic decision, the United Nations (UN) Human Rights Committee found on Friday 23 September that Australia’s failure to adequately adapt to climate change violates the human rights of Torres Strait Islanders. It is a landmark victory worth celebrating as part of a broader trend in climate change litigation which has seen human rights…
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‘Not my king’: do we have the right to protest the monarchy at a time of mourning?
During the present period of mourning for Queen Elizabeth II, public sensitivities in the United Kingdom and Australia are high. There’s strong sentiment in both countries in favour of showing respect for the queen’s death. Some people may wish to do this privately. Others will want to demonstrate their respect publicly by attending commemorations and…
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There’s never been a better time: Enhancing the protection of human rights in Australia
Given that the Australian landscape appears ripe for increased protection of human rights: What are the human rights priorities in Australia?
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A Robot Breaks the Finger of a 7-Year Old: A Lesson in the Need for Stronger Artificial Intelligence
Disturbing footage emerged this week of a chess-playing robot breaking the finger of a seven-year-old child during a tournament in Russia. Public commentary on this event highlights some concern in the community about the increasing use of robots in our society. Some people joked on social media that the robot was a “sore loser” and…
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Now that Roe v Wade has been overturned, what are the consequences?
In May this year, I wrote a piece for Monash Lens following the leaking from the United States Supreme Court (SCOTUS) of a draft judgment overturning the 1973 decision of Roe v Wade. This is the seminal decision that provided constitutional protection to the right to abortion.
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To give schools real choice about secular school chaplains, latest change needs to go further
New federal Education Minister Jason Clare has announced a change to the National School Chaplaincy Program to allow schools to “choose” between having a religious chaplain and having a professionally qualified well-being worker. The opposition has criticised the announcement as effectively meaning “the end of many school chaplains”. So what’s the fuss about?
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A new Treaty Authority between First Peoples and the Victorian government is a vital step towards a treaty
Last week the Victorian government demonstrated its commitment to build an equal relationship with First Peoples. A new bill has been labeled in the Victorian parliament to advance the treaty process.
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The question of conscientious objection in the voluntary assisted dying debate
Voluntary assisted dying (VAD) has been legal in countries such as Switzerland and the Netherlands for more than a decade. In Australia, aside from a brief introduction by the Northern Territory in 1995 that was quickly overruled by conflicting federal legislation, VAD remained illegal in every Australian jurisdiction until 2017.
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Human rights and election campaigns: Never the twain shall meet?
It’s easy to tell we’re in a federal election campaign – politicians are everywhere, parading around in high-vis vests and kissing babies who just want to be back in their parents’ arms. You can also tell politicians are on the campaign trail by what they’re not talking about. They’re not talking about human rights –…
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Russia’s invasion is wreaking havoc with surrogacy in Ukraine. It shows why Australia must change its laws
Russia’s invasion of Ukraine is a nightmare for prospective parents engaged in surrogacy arrangements in the country. Ukraine has become a popular destination for surrogacy. While exact numbers are difficult to obtain, it’s estimated between 2,000 and 2,500 babies are born each year via surrogacy in Ukraine.
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Torts and Human Rights: Australian Federal Court Paves the Way for Negligence Based Climate Litigation
By Dr Joanna Kyriakakis Torts and Human Rights Traditional tort law thinking emphasises the inter-personal nature of torts claims. Unlike public law, tort law is primarily about repairing the bilateral private relationship between two persons rather than constraining exercises of state power over rights. Nonetheless, tort law offers real prospects for litigants to pursue human…
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If you don’t have a COVID vaccination certificate, could you be banned from restaurants, shops and theatres?
By Maria O’Sullivan Vaccine passports are an increasingly likely proposition in Australia. Last week, national cabinet “welcomed” a new COVID-19 digital vaccination certificate, which will be made available through the Medicare app or myGov. This week, government services minister Linda Reynolds confirmed Australians who have had two doses would be able to access a certificate. Australians are…
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Is Empathy Training the Answer to Advancing Gender Equality?
By Michaela Guthridge Allegations of trolling, upskirting, and a mocking apology by federal MP Andrew Laming are just the latest in a litany of reports which have revealed systemic issues of gender inequality in our nation’s capital. In response to these allegations, Prime Minister Scott Morrison directed Laming to undertake empathy training. These incidents are…
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COVID-19 Travel Bans and International Human Rights
By Dr Heli Askola The recent travel ban on arrivals from India to Australia has been all over the news this week. There has been debate over whether the pausing of flights until 15 May 2021, and the potential use of the Biosecurity Act 2015 to fine those who return to Australia from India, is…
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No, prime minister, sexual assault allegations are not only a matter for the police
By Karen O’Connell and Liam Elphick Following the allegations of rape against attorney general Christian Porter, which he firmly denies, Scott Morrison has insisted that alleged sexual assault can only be dealt with in criminal law. “I am not the police force,” he said when asked for his response as prime minister. “That is a matter for…
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83% of Australians want tougher privacy laws. Now’s your chance to tell the government what you want
By Associate Professor Normann Witzleb Federal Attorney-General Christian Porter has called for submissions to the long-awaited review of the federal Privacy Act 1988. This is the first wide-ranging review of privacy laws since the Australian Law Reform Commission produced a landmark report in 2008. Australia has in the past often hesitated to adopt a strong privacy framework. The new…
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Mental health, happiness of Australian children among the worst of rich countries, according to UNICEF reporT
By Professor Paula Gerber and Sue West A report published by UNICEF last week examined the happiness and wellbeing of children in the world’s richest countries. The data from the report was used to also compile a “league table”, and the results are a source of shame for Australia. Not only did we rank 32 out of…
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Data privacy: stricter European rules will have repercussions in Australia as global divisions grow
By Associate Professor Normann Witzleb A big year for privacy just got bigger. On July 16, Europe’s top court ruled on the legality of two mechanisms for cross-border transfers of personal data. The Court of Justice of the European Union (CJEU) struck down the “EU-US Privacy Shield”, an intergovernmental agreement on which thousands of US companies based…
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Temporary Migrants as a Vulnerable Group during COVID-19
By Associate Professor Heli Askola The COVID-19 pandemic has prompted many countries to adopt drastic measures, including border closures and national lockdowns, to curb the spread of the virus. Many of these are having devastating effects on migrants worldwide. In the Australian context, the federal government’s response to the COVID-19 crisis ignores the vulnerabilities of…
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Silent prayer should have no place outside abortion clinics
By Tania Penovic and Ronli Sifris Introduction On June 3rd the Health Care (Safe Access) Amendment Bill 2020 was introduced into South Australia’s House of Assembly. The aim of this Bill is to establish “health access zones”(commonly known as “safe access zones”) around abortion clinics, prohibiting anti-abortion conduct from taking place with a 150m radius…
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Was there slavery in Australia? Yes. It shouldn’t even be up for debate
By Stephen Gray and Thalia Anthony Prime Minister Scott Morrison asserted in a radio interview that “there was no slavery in Australia”. This is a common misunderstanding which often obscures our nation’s history of exploitation of First Nations people and Pacific Islanders. Morrison followed up with “I’ve always said we’ve got to be honest about our history”.…
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COVIDSafe and Identity: Governance Beyond Privacy
By Kate Galloway and Melissa Castan There has rarely been a greater test of our structures of governance than the flurry of lawmaking amidst the declared emergency of the COVID-19 pandemic. Self-containment and restrictions on public (physical) engagement are starting to take their toll. Consequently, while fearful of the worst-case scenario of this terrible disease, some individuals…
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Monthly Human Rights Round-up – April
By Brianna Cox, Celeste Rebecchi, Lachlan Cameron and Zoë Tripovich Presenting the Castan Centre’s monthly human rights round-up, highlighting some of the month’s most important human rights news articles, and upcoming events. NEWS In Australia COVID-19 and Human Rights in Australia What Australia’s ‘extreme’ new coronavirus laws and police powers mean for our civil liberties –…
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Director’s Message
By Professor the Hon Kevin Bell AM QC, incoming Director of Castan Centre for Human Rights Law, Faculty of Law, Monash University My first official external appearance as the incoming Director of the Castan Centre for Human Rights Law will be this Wednesday, 29 April 2020. It will be before the Royal Commission into Victoria’s…
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Human Rights in the Age of Covid: New Challenges, Old Solutions?
By Maria O’Sullivan In 2020, human rights law is being tested to its limits. As we are now all aware, in March 2020, the World Health Organization declared that an outbreak of the viral disease COVID-19 had reached the level of a global pandemic and called for governments to take urgent action to stop the spread…
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Legal identity and the Love case: the High Court rules Indigenous people cannot be deported as aliens
By Melissa Castan and Kate Galloway The High Court made an important decision today about whether it is possible for Aboriginal Australians to be deported from the country if they are not citizens. By a majority of 4:3, the court decided that: “Aboriginal Australians … are not within the reach of the ‘aliens’ power conferred by s…
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