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Keywords: Bill Of Rights

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  • AUSTRALIA

    High Court not the answer to Nauru depravity

    • 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

    2015 in review: Justice in recognition for Aboriginals

    • Frank Brennan
    • 15 January 2016
    9 Comments

    It is now more than three years (and three prime ministers) since the expert panel set up by the Gillard government reported on how the Constitution might be amended to provide recognition of Aboriginal and Torres Strait Islander peoples. When I read the report, my heart sank. It had put forward a comprehensive, but unachievable and unworkable proposal for change. The lesson from 1967 is that a modest change carried overwhelmingly by the Australian people provides the impetus for change.

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  • AUSTRALIA

    2015 in review: Melbourne medicos' refugee heroism

    • Justin Glyn
    • 11 January 2016
    4 Comments

    Health care professionals at the Royal Melbourne Children's Hospital have begun to do what could not be achieved by reports from the UN Special Rapporteur on Torture and Australia's Human Rights Commission. The doctors and staff are refusing to release children they treat back to the detention which caused their problems in the first place. By this brave act has begun the slow task of pouring daylight (always the best antiseptic) into this gaping wound in Australian society.

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  • RELIGION

    Free speech and the plebiscite on same sex marriage

    • Frank Brennan
    • 11 December 2015
    39 Comments

    Chris Puplick, a former senator and former president of the NSW Anti-Discrimination Board, is one of a rising chorus expressing strong objections to the Australian Catholic bishops daring to evangelise and speak publicly about their views on same sex marriage. I too would be very upset if my bishops were saying, as Puplick claimed in an opinion piece in The Australian, that homosexuals are 'seriously depraved, intrinsically disordered, less than whole and messing with kids'. But they're not.

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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

    'Equal laws and equal rights ... dealt out to the whole community'. How close 161 years on?

    • 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

    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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  • RELIGION

    Discerning the place for the churches in the great moral questions of the age

    • Frank Brennan
    • 27 November 2015
    2 Comments

    '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.

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  • AUSTRALIA

    Government haste lays waste to consultation

    • Leanne O'Donnell
    • 24 November 2015
    7 Comments

    In October last year, in my former role as regulatory manager of iiNet, I responded to a confidential industry consultation paper on the proposed data retention scheme. The Attorney-General's Department provided no response to that 22 page paper beyond an acknowledgment of receipt. It's frustrating to feel like a government is simply going through the motions of 'consultation'. This isn't an isolated case. There's too often a lack of meaningful consultation before bills are introduced into Parliament.

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  • AUSTRALIA

    Justice for Aboriginals grows out of recognition

    • Frank Brennan
    • 19 October 2015
    7 Comments

    It is now more than three years (and three prime ministers) since the expert panel set up by the Gillard government reported on how the Constitution might be amended to provide recognition of Aboriginal and Torres Strait Islander peoples. When I read the report, my heart sank. It had put forward a comprehensive, but unachievable and unworkable proposal for change. The lesson from 1967 is that a modest change carried overwhelmingly by the Australian people provides the impetus for change.

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  • AUSTRALIA

    Contours and prospects for Indigenous recognition in the Australian constitution

    • Frank Brennan
    • 16 October 2015
    2 Comments

    I acknowledge those Aborigines and Torres Strait Islanders who insist that they have never ceded their sovereignty to the rest of us. I join with those Aborigines and Torres Strait Islanders who hope for better days when they are recognised in the Australian Constitution. As an advocate for modest constitutional recognition for Indigenous Australians, I respect those Aborigines and Torres Strait Islanders who question the utility of such recognition. But I do take heart from President Obama's line in his Charleston eulogy for the late Reverend Clementa C. Pinckney: 'Justice grows out of recognition'.

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  • AUSTRALIA

    Melbourne medicos bring detained children into the light

    • Justin Glyn
    • 13 October 2015
    9 Comments

    Health care professionals at the Royal Melbourne Children's Hospital have begun to do what could not be achieved by reports from the UN Special Rapporteur on Torture and Australia's Human Rights Commission. The doctors and staff are refusing to release children they treat back to the detention which caused their problems in the first place. By this brave act has begun the slow task of pouring daylight (always the best antiseptic) into this gaping wound in Australian society.

    READ MORE