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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.
'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.
It is naive to equate racism with individual acts of bigotry. The current anti-Muslim and anti-Arab sentiment for instance goes deeper than sporadic attacks against individuals. Australian jobseekers with Middle-Eastern sounding surnames must submit up to 64 per cent more resumes than someone with an Anglo name in order to secure an interview. People may not actively engage in racist displays against Arabs, but that doesn't mean they are willing to spend time in close proximity to them.
'The crisis of child sexual abuse in our societies has required that our institutional procedures be more transparent and that we learn from the ways of the world in exercising power openly and justly. This means we have to restructure some of our church arrangements so that power is exercised accountably and transparently. All of us who have positions of influence and power in institutional churches need to be attentive to the voices of those who have suffered within our institutions.' 'Discerning the place for the prophetic voice and pragmatic cooperation of the churches in the great moral questions of the age', address to the Association of Practical Theology in Oceania conference, 26 November 2015.
Unlike France, Australia's Constitution specifically accepts the place of religion in the broader society, with its reference to Almighty God in the Preamble. Its only stipulation is that governments should not privilege one religion over another, or unfairly discriminate. Moreover, our legal system and institutions might be secular in nature, but they draw heavily on Christian ethics and morality.
Quite rightly the Section 18C repeal bill was seen to remove all limits on ‘freedom of speech’ without regard to the vulnerability of those targeted. Andrew Bolt was infuriated, Senator Brandis lost face and his new Human Rights Commissioner Tim Wilson was ‘disturbed’ by the bill being shelved. But the PM is a pragmatist.
'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
How ironic that, even as Attorney General Brandis ensures the rights of 'bigots', the rest of us find our own rights under threat. Liberal state governments continue to roll out laws that affect the more marginalised and less privileged among us. Victoria's new 'anti-protest' laws and Queensland's 'anti-bikie' laws threaten public protest and assembly, which for most of us is how we exercise our freedom of expression.
In a nation still divided bitterly along race lines, blacks, and to a lesser extent Hispanics, bear the brunt of America's prisons-for-profit program. The perils of mandatory sentencing should serve as a warning to NSW, which has announced mandatory minimum sentences as a response to alcohol-fuelled violence. The question is not which drug is more dangerous, but how society chooses to deal with each one and why.
'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.
How clever of you to choose the day of the federal election for me to offer these reflections. I come amongst you, not as a publisher or journalist but as an advocate in the public square animated by my own religious tradition as a Jesuit and Catholic priest engaged on human rights issues in a robustly pluralistic democratic society.
Frank Brennan's address 'Recognising Aboriginal and Torres Strait Islander People in the Constitution' presented at the 18th National Schools Constitutional Convention, The Museum of Australian Democracy at Old Parliament House, 21 March 2013.
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