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Last Monday, the Royal Commission commenced its three-week forensic examination of the causes of child sexual abuse and cover up in the Catholic Church in Australia over the last 60 years. The statistics were horrifying. Every case represented a person who claims as a child to have been abused by a person of authority in a Catholic institution. Whichever way the statistics are interpreted in comparison with other institutions, they are appalling. We need to hold the victims clearly in focus.
I have no idea how many students I've taught in two countries. I remember, usually, the high achievers and their troublesome and often troubled opposites, but most are a blur: the human memory has its limits. On the other hand I think I can name all the teachers I ever had: this, of course, is much easier to do. There was more evidence of this today. I was in the Kalamata post office, waiting my turn and clutching a fistful of cards bound for Australia, when a bearded young man asked me a question.
One distinctively Catholic practice is personal confession in which an individual confesses to God their sins and seeks forgiveness in the presence of and at the hands of a priest. Some groups and individuals are proposing to the royal commission that the seal of the confessional no longer be inviolable. I was quoted in The Australian saying, 'If a law is introduced to say that a priest should reveal a confession, I'm one of those priests who will disobey the law.' Being also a lawyer, let me explain.
So the High Court finally has its first woman chief justice. Mainstream media have seized upon this as a remarkable achievement for the legal profession and as 'a fair go' for the empowered woman of 2016. Kiefel's attainment of her highest goal should be recognised as no such lesser win. It is right and proper recognition of the suitability of a solidly trained and experienced lawyer, and the product of this individual human being's commitment to the law and its customs, protocols and conventions.
'No matter what the economic, political and legal problems confronted by modern day India, our response can be improved by an application of the key principles and norms developed in the international law of trade and human rights, helping to enunciate the realm of law, regulation and political accountability, enhancing public scrutiny providing the right environment for doing business.' Frank Brennan presents the 25th JRD Tata Oration, Xavier School of Management, Jamshedpur, India, 26 November 2016.
Technicalities seldom withstand moral grievance. So it is with Philippine president Rodrigo Duterte's justification for allowing the remains of a reviled dictator to be buried at Libingan ng mga Bayani - the Heroes' Cemetery. Young Filipinos, observing recent political disorder, had begun wondering whether Marcos was really that bad. But the disgusted response of millenials and others to the sneaky burial suggests that the pushback against historical revisionism is paying off.
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.
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.
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.
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.
'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.
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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