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In 1994, a year before the Parliament enacted the present section 18C of the Racial Discrimination Act, I wrote in Eureka Street: 'At this time, in this part of the world, thought-police armed with criminal sanctions are not the answer' to racial discrimination. Senator Brandis has now circulated a proposal to amend the existing provisions. What he has produced is the racial hatred law you have when you don't want a racial hatred law.
'Whether or not we have a bill of rights, much of our human rights jurisprudence remains partial, failing to extend rights equally to all. Once we investigate much of the contemporary discussion about human rights, we find that often the intended recipients of rights do not include all human beings but only those with certain capacities or those who share sufficient common attributes with the decision makers. It is always at the edges that there is real work for human rights discourse to do.' Frank Brennan's Blackfriars Lecture
Andrew Bolt's response to Q&A's airing of accusations of racism was surprising. While no human is immune to emotional distress, it seems excessive for a man whose career has taken him to the edge of defamation laws to publicly wither under his opponents' attacks. This matter brings to light the discord between Australian conservatives' rhetoric about liberty and free speech, and the reality their policies and opinions impose.
When I was young, I remember being encouraged to give up lollies or chocolate for Lent. On the eve of the beginning of Lent on Ash Wednesday last week, the Immigration Minister announced he would be effectively giving up granting protection visas for refugees for the duration of Lent, and beyond, until 1 July.
The Federal Government plans to change the Racial Discrimination Act to give preference to free speech over protecting individuals and groups from vilification. It is not surprising that there is strong media support for the changes, as they will give investigative reporters and shock jocks alike the legislative freedom they need to do their job. But the Government must include robust legislation to penalise those who get their facts wrong.
On Saturday Dylan Farrow accused her adoptive father, the filmmaker and actor Woody Allen, of sexual assault for the second time. She first made these allegations when she was seven years old. There is a real ethical concern when allegations that have been denied in court continue to be raised publicly. We need to be able to forge a difficult balance between making space for ongoing doubt and fuelling public vilification.
Those who object to Indigenous people being called 'apes' and to white men painting themselves black are dismissed as being politically correct and denying free speech. But how can Adam Goodes choose not to be offended by comments conceived for the very purpose of justifying crimes against the racial group to which he belongs?
His body itself is a symbol of his inherited power and privilege. He hears women talk about being afraid to go out at night alone. He sees the great strides women have made in the workforce, yet sits in management meetings where nine out of ten leaders are men. He sees bikini clad women on his television screen and feels guilty at admiring their bodies.
'Many Catholics wonder how we can maintain our Christian faith at this time in the wake of the sexual abuse crisis and the many judgmental utterances about sexuality and reproduction. The Church that has spoken longest and loudest about sex in all its modalities seems to be one of the social institutions most needing to get its own house in order.' Frank Brennan's address to the Yarra Institute for Religion and Social Policy, 8 November 2013.
Anti-discrimination acts are meant to protect vulnerable people, not corporations or dominant ideologies. The employers I represent reap the benefits of understanding that diversity and inclusion are brilliant for business and productivity. The Government's new human rights consolidation bill has missed simple opportunities for real improvement.