Castan Centre for Human Rights Law

Author: Sarah Joseph

  • SARC wants to keep Victorian Charter – so long as it’s not a Charter anymore

    by Sarah Joseph On 14 September, the Scrutiny of Acts and Regulations Committee (SARC) of the Victorian Parliament delivered its review of the state’s Charter of Human Rights and Responsibilities.  While SARC does not recommend repealing the Charter, the profoundly disappointing report includes a recommendation that the Charter be gutted so as to deprive it…

  • The SARC review of the Victorian Charter of Rights and Responsibilities – profoundly disappointing

    by Sarah Joseph, Julie Debeljak and Adam Fletcher The Scrutiny of Acts and Regulations Committee of the Victorian Parliament today tabled its report after a review of the Victorian Charter of Human Rights and Responsibilities Act 2006. In essence, the majority of the Committee recommends stripping most of the operative provisions from the Charter, leaving…

  • Mr Rudd is wrong on arbitrary detention

    Sarah Joseph In an interview with The Australia Network’s Jim Middleton on Newsline, Foreign Minister Kevin Rudd responded to an assertion by the UN High Commissioner for Human Rights, Navi Pillay:  she had stated on ABC’s 7:30 that mandatory immigration detention in Australia is arbitrary and in breach of Article 9(1) of the International Covenant…

  • The killing of Osama bin Laden: his right to life and the new torture debate

    The killing of Osama bin Laden: his right to life and the new torture debate

    Sarah Joseph Osama Bin Laden’s killing at the hands of US Navy SEALS on 1 May gives rise to some interesting international law issues. Here, I address some of those issues from a human rights perspective, concerning freedom from torture (regarding the intelligence used to find Bin Laden) and the right to life (regarding his…

  • Humanitarian Intervention in Libya

    by Sarah Joseph This morning, Melbourne time, the UN Security Council passed Resolution 1973/2011, which authorises the taking of “all necessary measures” including a no fly zone but short of occupation, to protect civilians and “civilian populated areas” from Colonel Gaddafi’s government. The UN has essentially authorised “humanitarian intervention” against Gaddafi’s regime. “Humanitarian intervention” refers…

  • Chris Mitchell should put up rather than shut up

    by Sarah Joseph Followers of the Castan Centre Blog would know of the #twitdef imbroglio, ostensibly between the Editor-in-Chief of “the Australian” newspaper, Chris Mitchell, and University of Canberra journalism academic Julie Posetti. It is an interesting tale for the uninitiated, involving threats of a defamation suit over a series of tweets. For background, see my…