Search Results: High Court

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  • AUSTRALIA

    Asylum seeker's long wait for judgement day

    • Shira Sebban
    • 17 October 2016
    12 Comments

    Finally he is having his day in court. After 13 months languishing in limbo in immigration detention, he has been given the opportunity to be heard. Hopefully, it won't be long now before his case is determined and his torment resolved. Or so I thought. But in today's Australia, asylum seekers are not treated the same way as you or me. I meet him not as originally planned in the courtroom itself, but in the bowels of the building where he has been confined for the second day in a row to a tiny cell.

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  • AUSTRALIA

    The criminal law 30 years on

    • Frank Brennan
    • 12 October 2016
    2 Comments

    With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.

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  • AUSTRALIA

    Being clear eyed and misty eyed about human rights and asylum seekers

    • Frank Brennan
    • 05 October 2016
    8 Comments

    Australia's policy is unique and unrepeatable by other nations because it requires that you be an island nation continent without asylum seekers in direct flight from the countries next door and that you have access to a couple of other neighbouring island nations which are so indigent that they will receive cash payments in exchange for warehousing asylum seekers and proven refugees, perhaps indefinitely. The policy over which Turnbull presides is not world best practice. It's a disgrace.

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  • INTERNATIONAL

    Another win for 'David' Timor against 'Goliath' Australia

    • Frank Brennan
    • 26 September 2016
    19 Comments

    Timor has scored another win in the international legal forum, this time before a five-member Conciliation Commission convened under the auspices of the Permanent Court of Arbitration. In response, George Brandis and Julie Bishop regurgitated the Canberra mantra: 'We have a strong interest in Timor-Leste's stability and growing prosperity, and in providing a stable and transparent framework for investment in the Timor Sea.' They have no idea just how patronising this sounds in Dili.

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  • ENVIRONMENT

    International ecocide law could criminalise Reef destruction

    • Bronwyn Lay
    • 22 September 2016
    3 Comments

    Last year I sat in the offices of one of the judges of the International Criminal Court as we spoke about the possibility of ecocide law becoming an international crime against humanity. An international law against ecocide at its simplest is the criminalisation of mass destruction of the environment due to human action. At that time I heard that the obstacles were not legal, but political. Last week the ICC announced it may hold corporate executives and governments legally responsible for environmental crimes.

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  • RELIGION

    Religious freedom in an age of equality

    • Frank Brennan
    • 22 September 2016
    18 Comments

    'No good will be served by a royal commission auspiced by the state telling a Church how it judges or complies with its theological doctrines and distinctive moral teachings. By all means, set universal standards of practice expected of all institutions dealing with children, but do not trespass on the holy ground of religious belief and practice.' Fr Frank Brennan SJ addresses the Freedom for Faith Conference in Melbourne, 23 September 2016.

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  • RELIGION

    Plebiscite the only way forward for Turnbull on marriage equality

    • Frank Brennan
    • 05 September 2016
    23 Comments

    Once Turnbull went to the election with a commitment not to legislate for same sex marriage except after the conduct of a successful plebiscite, it was inevitable that the only way forward to resolving the issue during the life of this parliament would be by enacting legislation to authorise a plebiscite. A conscience vote during the life of this parliament, and without a plebiscite, would leave the opponents of same sex marriage rightly feeling that the government had breached an election commitment.

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  • INTERNATIONAL

    The Catholic Church's view on human rights

    • Frank Brennan
    • 04 September 2016
    1 Comment

    'I am a Jesuit amongst Dominicans contemplating the Church's view of human rights. I am a human rights practitioner rather than a theologian, aware that human rights discourse is increasingly more universal and secular. Contemplating, preaching and enacting human rights in the 21st Century Church and World, I come asking two questions.' Frank Brennan's keynote presentation in Salamanca Spain to the International Congress of Dominicans in the Promotion and Defence of Human Rights: Past, Present, Future on the occasion of their 800th anniversary.

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  • INTERNATIONAL

    The cost so far of Filipinos' gamble on thug rule

    • Fatima Measham
    • 17 August 2016
    13 Comments

    I fret more than ever for friends and family in the Philippines. If life is so expendable, who can be safe? What if my brother-in-law is mistakenly identified as a drug 'pusher'? What if my dad goes to a cockfight and armed vigilantes do a drive-by? It is disheartening that many Filipinos seem to approve of Duterte's methods. This is the purge many had wanted. They see the current campaign as a necessary, painful transition to better things. They are wrong. Nothing personal, just history.

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  • AUSTRALIA

    Don Dale abuse is a symptom of a sick justice culture

    • Julie Kimber
    • 26 July 2016
    13 Comments

    The 4 Corners report into the treatment of children in a NT juvenile justice facility is a stark and grotesque demonstration of state abuse of power. As a result John Elferink, NT Corrections Minister, has been sacked, and the Prime Minister has announced a royal commission into the actions at Don Dale. This is a good start, but there is much more to be done. We need to question a culture that willingly imprisons the most vulnerable, and puts up with a system where not all are equal before the law.

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  • INTERNATIONAL

    Frank Brennan on John Molony's Don Luigi Sturzo: The Father of Social Democracy

    • Frank Brennan
    • 25 July 2016
    3 Comments

    John traces the political ascent and descent of Sturzo whose first public office was as mayor of his own town. The chapter headings mark each step up and down the Everest of Italy's experiment with democracy and fascism: the emergence of political Catholicism in Italy; the dream takes shape; democracy without direction; democracy in decline; the search for a leader; the stick and the carrot; the voice of the watchman; and enter the night. Sturzo goes into exile; Mussolini takes over; and the Vatican is well pleased because the Roman Question is finally resolved in 1929 with the Lateran Treaties negotiated by Mussolini and Pope Pius XI, each of whom got what they were looking for.

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  • AUSTRALIA

    The changing face of the law across generations

    • Frank Brennan
    • 24 July 2016
    7 Comments

    Next year marks the 50th anniversary of the amendment to the Constitution which took out the adverse references to Aborigines. Following our recent election, we are assured at least six, and possibly seven, members of our national parliament who proudly claim an Aboriginal or Torres Strait Islander heritage. They are represented in all parties and none. How good it would be if our elected Aboriginal politicians could come together across party lines and propose an amendment to the Constitution which recognises them.

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