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Keywords: Qc

  • AUSTRALIA

    Seven warnings for Queensland as it considers a human rights act

    • Frank Brennan
    • 31 October 2016
    3 Comments

    'First warning: if you're going to be serious about a Human Rights Act, make sure that your government departments are sufficiently resourced and encouraged to produce meaningful statements of compatibility. Second warning, especially in a unicameral legislature: make sure that your parliamentary committee on human rights has sufficient muscle and status to arrest the progress of any bill until it has been thoroughly scrutinised for human rights compliance.' Frank Brennan's remarks at the Fringe Conference of the 2016 Queensland ALP Convention.

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  • AUSTRALIA

    Human rights acts after Brexit

    • Frank Brennan
    • 28 October 2016
    7 Comments

    Even prior to Brexit, the Conservatives were wanting to replace the UK Human Rights Act with weaker legislation. They have been worried about what they perceive to be a loss of sovereignty. But even the British Conservatives remain committed to some form of human rights act. I commend the Queensland parliament for undertaking its present inquiry, and sound a cautious note of optimism about the modest gains which might be made by the enactment of a human rights act in Australia.

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  • AUSTRALIA

    The criminal law 30 years on

    • Frank Brennan
    • 13 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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  • RELIGION

    Religious freedom in an age of equality

    • Frank Brennan
    • 23 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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  • AUSTRALIA

    Patrick Dodson's Senate mandate

    • Frank Brennan
    • 15 April 2016
    21 Comments

    The royal commission into Aboriginal deaths in custody, which signed off on its final reports 25 years ago this Friday, definitely improved the systems for supervision of persons in detention, reducing the risk of deaths in custody. It also led to better coronial procedures. But it failed to reverse Indigenous imprisonment rates and it did little to counter the underlying causes of Indigenous imprisonment. Back then, Patrick Dodson saw police as the main problem. Now, he thinks it's the legislators.

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  • RELIGION

    Meeting Pope Francis

    • Frank Brennan
    • 25 January 2016
    22 Comments

    Hailing from Argentina, Francis puts his trust neither in ideological Communism nor in unbridled capitalism. We need to enhance international security, building the rule of law within multilateral organisations, and fostering the climate for investment sensitive to the triple bottom line - economic, social and environmental. I return from Rome grateful that we have a pope prepared to open these questions, accompanied by senior prelates happy to mix it with business and community leaders.

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  • AUSTRALIA

    A Human Rights Day tribute to the Northern Territory's Tony Fitzgerald

    • Frank Brennan
    • 10 December 2015

    I first met this Tony on my regular visits here to Darwin when he was working at the North Australian Aboriginal Legal Aid Service and then when he set up the mediation services under the auspices of Anglicare. In later years I knew him when he was your Anti-Discrimination Commissioner. He was a quiet, considered, gentle, strong and principled man. On Human Rights Day, it is only fitting that I honour Tony by offering some reflections on the architecture for human rights in Australia, on the contemporary human rights controversies, and on the way forward for better protection of the human rights of Aborigines and asylum seekers, two marginalised groups who had a special claim on Tony's sympathies.

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  • RELIGION

    How do we navigate medico-legal questions without a bill of rights?

    • Frank Brennan
    • 03 December 2015

    The consideration of medico-legal problems in the public square of a pluralistic democratic society keeping pace with profound technological change is often marked by simplistic assertions, precluding considerations of comprehensive world views, whether religious or philosophical. It is now commonplace for doctors to be told to leave their consciences at the door, as their patients are consumers and they are suppliers and of course the market decides. Debates about law and policy are often resolved with simplistic assertions about individual rights and autonomy, with little consideration for the public interest, the common good, and the doctor-patient relationship. Even conscience is said to be a matter for contracting out. This evening I ask whether there are more compelling ways to resolve medico-legal dilemmas, while conceding a limited role for law in determining the range of acceptable answers.

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  • ARTS AND CULTURE

    The amazing grace of Joan Baez

    • Tim Kroenert
    • 10 September 2015
    4 Comments

    Folk legend and renowned human rights activist Joan Baez's fire hasn't dimmed. Today she rages at the 'disgusting' state of race relations in America — 'police violence, mass arrests of people of colour, torture in prisons' — half a century on from the Selma civil rights marches, in which she took part. Yet amid these horrors, Baez still finds herself able to be moved by examples of 'amazing grace'.

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  • The inviolable inherent dignity of Aylan Kurdi

    • Frank Brennan
    • 07 September 2015
    11 Comments

    I believe in Aylan's inviolable, inherent dignity as a human being like all of us, no matter what side of a national border we might live. I believe that a globe of 7.3 billion people with inviolable, inherent dignity confronts huge challenges and real evil when almost 60 million people are displaced. I believe that secure national borders for a country as geographically and jurisprudentially isolated as Australia confronts an enormous moral challenge, and that we are falling short, badly and selfishly.

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  • AUSTRALIA

    Dyson Heydon and the PM's quest for political purity

    • Binoy Kampmark
    • 25 August 2015
    14 Comments

    The spectacle is a strange one. Heydon has to rule on an application that directly concerns his own fitness to be in the position. It recalls the situation Lord Hoffmann found himself in after his links with Amnesty International perceptibly compromised his views on extraditing Chile's former military ruler Augusto Pinochet. Even the best jurists can fall foul of the bias rule.

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  • AUSTRALIA

    Constitutional change that will improve indigenous quality of life

    • Frank Brennan
    • 01 July 2015
    6 Comments

    Those Aborigines who are most at home in modern Australia tend to be those with a secure foothold in both the Dreaming and the Market. Those who are most alienated and despairing are those with a foothold in neither. Constitutional change alone won't make things better. But a good Constitution is a better complement to other measures – such as a statutory charter – than a bad one.

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