Papers
Making Indigenous Australians ‘disappear’: Problems arising from our birth registration systems
(2009) 34(3) Alternative Law Journal Volume 157
This article explores problems that are being encountered by some Indigenous Australian in realising their right to birth registration and obtaining a copy of their birth certificate. It analyses these obstacles in light of international and domestic human rights laws, in particular the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic). The author concludes that Australia’s laws and policies regarding birth registration are disproportionately disadvantaging Indigenous Australians, with the lack of birth certificates, a real and substantive barrier to their enjoyment of the rights and privileges of Australian citizenship.
Making Visible the Problem of Invisibility
(2009) 83(10) Law Institute Journal 52
There are a number of aborigines who are unable to prove their identity; either because their birth was never registered, or because they cannot satisfy the Registrar of Births, Deaths and Marriages’ prerequisites for obtaining a birth certificate. This article explores how the Victorian Charter of Human Rights and Responsibilities Act 2006 addresses this problem.
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Jack & Jill or Jack & Bill: The case for same-sex adoption
Co-authored with Adiva Sifris. (2009) 34(3) Alternative Law Journal 168
This article examines the discriminatory legislation which prohibits same-sex couples from adopting children in many jurisdictions. New South Wales is used as a case study to highlight inconsistencies between the treatment of heterosexual prospective parents and same-sex parents. This is contrasted with the legal recognition of same-sex parents pursuant to recent amendments to the Federal Family Law Act 1975 and various State Acts.
The Hitch Hiker's Guide to the New United Nations Human Rights Council
(2007) 10 Flinders Journal of Law Refrm 241
The United Nations established the Commission on Human Rights in 1946, to protect and promote human rights but, the history of the last 60 years, demonstrates all too clearly that this body has failed in its aims. Words like 'Rwanda', 'Darfur', 'Srebrenica', 'Abu Ghraib', and 'Pinochet' immediatelty evoke images of grave human rights abuses that the Commission failed to respond to. It was the Commission's failures which motivated the UN General Assembly to pass a historic resolution on 15 March 2006, dismantling the Commission and replacing it with a new body - the Human Rights Council. This abolition of the Commission and creation of the Council is, without doubt, one of the most significant reforms regarding the way in which human rights are promoted and protected, within the history of the UN.
This article considers why there was a need for such dramatic change and, the exact nature and extent of the change. It provides an overview of the reforms by examining five specific aspects of the Commission that were widely criticised, namely: its membership and size; the complaint processes; the abuse of the no-action procedure; the role of non-governmental organisations; and the operation of special procedures.
Human Rights Reform in the United Nations: The Good, the Bad and the Ugly
(2006) 31(2) Alternative Law Journal 88
Recently there has been extensive criticism of the effectiveness of United Nations (UN) human rights bodies. In particular the Commission on Human Rights has been described as 'irrelevant' and 'positively destructive' because it has failed to act decisively when governments suppress human rights which they are legally bound to uphold. These kinds of accusations prompted Secretary General Kofi Annan to initiate a program of reform, a flagship of which, was to abolish the Commission and replace it with a new body to be known as the Human Rights Council. The author reviews the work of the old Commission on Human Rights and looks at the newly established Human Rights Council.
BLACK RIGHTS/WHITE CURRICULUM: HUMAN RIGHTS EDUCATION FOR INDIGENOUS PEOPLES
(2004) 9(1) Deakin Law Review 61
In December 1994 the United Nations proclaimed both the Decade for Human Rights Education (1995-2004) and the Decade of the World's Indigenous People (1995-2004). Despite the fact that these two initiatives are running in tandem, very few people have drawn any correlation between the two. There is a growing body of academic work relating to human rights education, and many scholars have published work dealing with indigenous issues, yet scant attention has been paid to HRE for indigenous people. The two subjects have been treated as if they run in parallel lines, with little thought being given to how the two intersect or relate to each other.
This socio-legal research seeks to redress this oversight, at least in part, by answering the question - how appropriate is the international movement for HRE for indigenous people? In other words, do indigenous people require different HRE from that which is intended for the dominant culture?
The conclusion reached is that, not only are there very few Human rights education programs for indigenous people, but many of the ones that do exist, while well intentioned, are not appropriate for an indigenous audience.
The suitability of the curricula used to teach HRE to indigenous people, and the manner in which the curricula are delivered, are critically analysed.
The paper concludes with an evaluation of the HRE programs being offered to indigenous people and some criticisms of the models, curricula and methodology being employed.
Prevention is Better than Cure: The UN and Human Rights Education
A research project undertaken pursuant to a grant fromthe Geneva Academy of International Humanitarian Law and Human Rights to commenorate the 60th anniversary of the UDHR.
For over 60 years, human rights education (HRE) has been a focal point of the UN’s efforts to promote respect for human rights. It seems that the UN recognises the potential for HRE to play a significant role in the prevention of human rights abuses. This paper examines the methods adopted by two UN
bodies to monitor and promote HRE. In particular, the approach of a treaty committee (the Committee on Economic, Social and Cultural Rights), is contrasted with the approach of an inter-governmental body (the new Human Rights Council), to determine whether the tactics of these different UN organs
are consistent or conflicting. The paper concludes with some
recommendations about how the UN might reform its practices regarding the promotion of HRE in order to more effectively use HRE as a preventive tool.
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Rebuilding the Law in Kosovo
(2002) 76(1) Law Institute Journal 72
A decade of Serbian repression led to the decimation of the legal system and legal education in Kosovo. The author was able to play a small part in the rebuilding of a law school curriculum in this war-torn country. This article recounts her experience of teaching Human Rights Law at the University of Prishtina in 2001.
How to Stop Engineers from Becoming "Bush Lawyers": The Art of Teaching Law to Engineering and Construction Students
(2009) 1(4) Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 179
Law forms a core part of most engineering and construction programs. The way that these subjects are taught varies dramatically, and too often focuses on trying to teach students complex aspects of the law, such as contract, tort and trade practices. This paper suggests that the aim of including law subjects in construction and engineering degrees needs to be clearly understood as this determines the content of the law subject. It is argued that the reason for including a law subject should be not to teach students the law, but rather to train them to recognise when legal issues arise in their work, and how to respond to such issues. With this aim in mind, a model curriculum is proposed, and insight given into how to most effectively implement such a course.
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