Keywords: Courts
There are more than 200 results, only the first 200 are displayed here.
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INTERNATIONAL
- Frank Brennan
- 28 April 2016
33 Comments
A bench of five justices of the Supreme Court of Justice, the highest court in Papua New Guinea, has unanimously ruled that the detention of asylum seekers on Manus Island is unconstitutional. Yet again, Australia has been complicit in its Pacific neighbours (PNG and Nauru) prostituting their Constitutions and undermining the rule of law in exchange for a fistful of dollars, with hapless asylum seekers, most of whom are ultimately proved to be refugees, being left to languish.
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MEDIA
There have been attempts by some in the media to mount a moral justification of 60 Minutes' actions. At least they were trying to do the right thing, by helping a mother who would not have been denied custody in Australia But that opens another slimy can of worms. Do we think 60 Minutes would fund a child abduction in Australia, rather than a Muslim country with religious courts, however much the parent they were purporting to help might seem to have been denied custody unfairly?
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RELIGION
- Frank Brennan
- 22 April 2016
16 Comments
The Royal Commission into Institutional Responses to Child Sexual Abuse has now published its Case Study 26 on the Neerkol Orphanage in Rockhampton. It finds that the response by the bishop and by the Sisters of Mercy to victims making complaints prior to 1996 was often inadequate and lacking in compassion. The word 'compassion' or 'compassionate' appears 21 times in the report. I have no problem with church people or other individuals adversely judging church leaders for a lack of compassion. There may even be a case for politicians doing it. But I don't think it's the job of a royal commission.
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ENVIRONMENT
- Bronwyn Lay
- 21 April 2016
15 Comments
In the face of the increasing environmental destruction legally occurring within Australia's borders, chasing actors Johnny Depp and Amber Heard for bringing their undeclared dogs into Australia in breach of biosecurity laws comes across as a curated media stunt. Like everywhere in the world, Australian environmental law is at a crossroads. On one hand government regulations that permit violence against habitat increase, and on the other, legal challenges against this destruction rise.
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AUSTRALIA
- Justin Glyn
- 20 April 2016
9 Comments
Last week, a member of Parliament, Jenny Leong, allegedly faced racist and sexist abuse by police from at least four separate commands. This abuse was linked to her opposition (in accordance with her party's stated policy) to the use of drug sniffer dogs without a search warrant. Whether or not one agrees with Green party policy in this regard, the treatment of Leong ought to rankle. Such ill-treatment at the hands of the executive is, unfortunately, not an isolated phenomenon.
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ARTS AND CULTURE
- Deanne Davies
- 05 April 2016
1 Comment
The breeze spills, engulfing gorges, ruffling trees. The leaves whisper ancestral stories, signalling from hill to hill creation mysteries. The track wends past abandoned tennis courts, their turf is crushed, compacted anthills that salmon gums reclaim. The creek is waterless but when seeded with rain froglets bleat like lambs. Once trees flaming orange were common ... the granite, grey with age, once barren, yet when Earth trembled, it crevassed and soil collected, water funnelled, plants sowed.
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AUSTRALIA
- Fatima Measham
- 01 April 2016
For victims and survivors, the royal commission report into family violence comes as catharsis. For activists and advocates, it is vindication. Perpetrators thrive on impunity. Impunity is built on uncertainty of punishment, cultures of silence, victim-blaming and perceived collusion with figures of authority. Dismantling this is central to violence prevention and ensuring the safety of women and children in the home. The royal commission addresses this goal across 227 recommendations.
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RELIGION
- Frank Brennan
- 23 February 2016
47 Comments
McClellan and his fellow commissioners on the Royal Commission into Institutional Responses to Child Sexual Abuse have a daunting task in the next fortnight, according due process and natural justice to a high profile witness on the other side of the world who has been publicly labeled 'scum', 'buffoon' and a 'coward', being the subject of unauthorised leaks about uninvestigated complaints from a police service which itself is under scrutiny for its past cooperation with the witness and his Church.
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AUSTRALIA
- Frank Brennan
- 04 February 2016
24 Comments
Following Wednesday's High Court decision, the moral depravity of Australian funded offshore detention of asylum seekers, including children, is to continue. There is no joy to be found in our High Court applying a Constitution even more bereft of human rights protections than that of Nauru. It's time for our politicians to address the political and moral question: what purpose is actually served by sending this mum and her baby back to Nauru, when the boats have already stopped and will stay stop?
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AUSTRALIA
- 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
- Frank Brennan
- 04 December 2015
1 Comment
'Tonight, gathered here in the Southern Cross Club in the national capital, gathered as Eureka's children. We affirm that there is room for everyone under the Southern Cross. I hope you will return to Canberra carrying the Southern Cross flag when we proclaim the Australia Republic on 1 January 2020 which will be two elections after Australia last had a monarchist leader of a major political party. Tony Abbott is the last of his type. Whether the prime minister honoured to witness the proclamation is Malcolm Turnbull, Bill Shorten or another matters not.' Annual Dinner for Eureka's Children, Southern Cross Club, Canberra, 3 December 2015.
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RELIGION
- 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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