The Castan Centre
Human Rights Blog
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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 put forward to hold both states and corporations accountable. The decision adds to the pressure mounting against Australia to take climate change seriously.
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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 processions. There are also cohorts within both countries that may wish to express discontent and disagreement with the monarchy at this time.
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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 had a “bad temper”. Of course, robots cannot actually express real human characteristics such as anger (at least, not yet). But these comments do demonstrate increasing concern in the community about the “humanisation” of robots.
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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 – neither major party has a policy to strengthen the protection of human rights in Australia.
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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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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 incursion.
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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) have work to do, in the realisation of human rights?
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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 reliance on representative arms of government for the ‘protection and promotion of human rights’ in Australia.
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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 of the war, this sentiment was captured in the development of foreign policies which were notionally designed to facilitate women’s empowerment and prevent further curtailment of their rights.
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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 grappling to withstand these threats in the digital era by employing a number of legal and institutional mechanisms.
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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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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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Is protesting during the pandemic an ‘essential’ right that should be protected?
By Maria O’Sullivan Protests are increasingly breaking out around the world as people begin to chafe against lockdown restrictions to prevent the spread of COVID-19. In the US, President Donald Trump is fuelling the spread of protest movements nationwide with tweets to “liberate” certain states. This month, car convoy protests were also held here in Australia, as well as in Poland and Brazil. […]
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Explainer: what are the laws mandating self-isolation and how will they be enforced?
By Maria O’Sullivan and Caroline Henckels Prime Minister Scott Morrison has announced that anyone entering Australia must enter a 14-day self-quarantine period. Some questions have been raised as to how this new mandate would be administered and enforced. The answer to these questions relies on a somewhat complex patchwork of state and federal laws and […]
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Religious discrimination bill – Porter must fix it or ditch it
By Luke Beck Federal Attorney-General Christian Porter on Monday published an article in this paper claiming his controversial religious discrimination bill is intended merely as a “shield”, and wrongly branding my criticisms of the bill as neither genuine nor constructive. The Attorney-General’s barbs were prompted by an article published in this paper last week explaining how the […]
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Religious Discrimination Bill backfires on Christians
By Luke Beck Conservative Christians are some of the biggest supporters of Scott Morrison’s religious discrimination bill. But they should be careful what they wish for. It won’t just be gay people, women and people with disabilities who lose out under the proposed law. Christians will be among the biggest losers. Here’s what the bill […]
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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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The Little Centre that Could
Marius Smith looks back on 14 years at the Castan Centre. When I started at the Castan Centre in 2005, I could immediately feel the energy from the Law Faculty’s human rights community. The centre was small, but already well run by a great administrator, Kay Magnani, and a group of enthusiastic, early career academics […]
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Changes at the Castan Centre
IN PRAISE OF ELEANOR JENKIN By Sarah Joseph, Castan Centre Director I take this opportunity to write a note of appreciation for Eleanor Jenkin, our Policy Manager from August 2017 until April 2019. In that role, Eleanor added greatly to the research and policy footprint of the Castan Centre. In particular, she was the main […]
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Welcoming our new team members
OUR NEW POLICY MANAGER Karin Frodé joined the Castan Centre in August 2019 as the new Policy Manager. In this role, Karin conducts research and legal analysis across a broad range of human rights issues. She is currently working on the Centre’s use of force project which examines the use of force in closed environment […]
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Castan Centre Goes to Geneva
By Sarah Joseph, Castan Centre Director In June of 2019, I was fortunate to attend the first week of the 41st Regular Session of the UN Human Rights Council at the Palais Nations in Geneva. In doing so, I witnessed a number of important debates on human rights. I highlight the following. A report was […]
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Strengthening Human Rights Abroad
By Andrea Olivares Jones The Castan Centre has this year been delighted to continue our multi-year cooperative project with Vietnam National University (VNU) School of Law to promote and strengthen human rights education abroad. The project has seen the Castan Centre attend the Vietnam-Australia Human Rights Dialogue in 2018, host an Australian educational tour for […]
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Attorney-General’s Consultancy on Artificial Intelligence and Automation
By Yee-Fui Ng In March, the Castan Centre was proud to win a consultancy tender of $130,000 to prepare a legal issues paper for the Commonwealth Attorney-General’s Department. The paper explored the legal implications of the government’s use of new and emerging technologies that automate government administration and service delivery in Australia. This included assessing […]
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Automating Government Decisions: The Human Rights Implications Of Technology
By Maria O’Sullivan Governments around the world are increasingly using technology to assist them to make important decisions that affect human rights. This expansion in the automation of government decision-making is due to a number of factors, including the availability of huge volumes of data and the push by governments to make decision-making more efficient […]
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The Human Rights (Parliamentary Scrutiny) legislation: an important but “second best” development
By Sarah Joseph New human rights legislation has finally been approved by the Federal Parliament. The Human Rights (Parliamentary Scrutiny) Bill 2010 will require Ministers, when introducing legislation, to table a Statement of Compatibility outlining the extent to which the legislation complies with Australia’s international human rights obligations. It will also create a Parliamentary Joint […]
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Plain packaging legislation and international investor rights: a challenge to Australia’s regulatory sovereignty
by Sarah Joseph The much-discussed plain packaging legislation for cigarettes will come into force until December 2012. Tobacco companies plan to wage a sustained campaign of “lawfare” against it, including a likely constitutional challenge and arbitral proceedings under a Hong Kong/Australia bilateral agreement. There is also the possibility of proceedings against Australia in the World […]
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Can the Australian Government Return Unsuccessful Asylum-seekers to Afghanistan?
By Adam Fletcher Yesterday it was reported on the ABC that unsuccessful asylum-seeker Ismail Mirza Jan is to be the first to be returned to Afghanistan involuntarily. This last word is important, because previous returnees have all accepted what’s known as an Assisted Voluntary Return package. These sorts of packages were also offered by the […]
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Retrospective People Smuggling Bill: a Breach of our Constitution?
By Adam Fletcher The major parties put aside their differences on immigration policy in the House of Representatives last week to pass the Deterring People Smuggling Bill 2011 (the Bill). Despite its name, the Bill is a ‘clarification’ of the people smuggling offences in the Migration Act 1958 (Cth) designed to make successful prosecutions easier. […]
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Do we need better privacy protection in Australia?
By Adam Fletcher Protection of privacy in Australia was brought into stark relief last week with the ABC’s coverage of the Federal Government’s current compulsory Australian Health Survey being conducted by the Australian Bureau of Statistics. The ABC reports that some participants have found the survey “deeply intrusive and a stressful violation of their privacy” because […]
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The Occupy movement and the Importance of Civil Protest
Sarah Joseph The “Occupy” movement has swept the world in the last five weeks, as seems appropriate in this year of demonstrations by people tired of a clapped-out status quo. Of course, the Occupy movement is quite different to those that overran Tahrir Square or who now bravely withstand the bullets of the Syrian State. […]
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Occupy Melbourne – One Observer’s Account of the Eviction
By Andre Dao I received a text message on Friday morning from a friend at the Occupy Melbourne protest at City Square, saying that the protesters were about to be forcibly evicted. I had previously been down to City Square the previous Saturday as the protesters were setting up, and my impression of the movement […]
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In Praise of Independent Oversight
By Adam Fletcher Anyone who watched the ABC’s 7.30 Report story this week on the death of a 52 year-old father who had been convicted of traffic offences in Grafton prison would have been horrified. For those who did not see it, this man was dying of a brain haemorrhage for hours while guards treated […]
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Undermining the Migration Act’s Protections
By Adam Fletcher Later today the Australian Government plans to put the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011 to a vote in the House of Representatives. So, what does this controversial Bill actually say? The Bill undermines several protections built into the Migration Act 1958, which, with Australia’s unique policies of […]
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Rwanda – free speech for some
by Marius Smith Rwanda’s President, Paul Kagame, took to Twitter this week to talk to his 28,000 followers in a barely comprehensible blizzard of abbreviations, acronyms and exclamation marks. Over a period of six hours, he derided his critics in the press, discussed the News of the World phone hacking scandal and lampooned calls for […]
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Andrew Bolt, Free Speech, and Racial Intolerance
by Sarah Joseph In Eatock v Bolt, decided on September 28, the (in)famous conservative columnist and commentator Andrew Bolt was found to have breached the Racial Discrimination Act 1975 (Cth) (the “RDA”) in writing two particular articles published in 2009, “It’s so hip to be black” and “White fellas in the black”. In the articles, […]
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Troy Davis, the death penalty, and international human rights law
by Sarah Joseph Troy Davis died late on Wednesday 21 September, executed by lethal injection in Jackson, Georgia for the murder in 1991 of off-duty Savannah police officer Mark MacPhail. His execution provoked worldwide outrage, given that clear doubts over his guilt existed. Seven of nine witnesses had recanted from their testimony at his trial, […]
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