ORCID Profile
0000-0003-0431-9492
Current Organisations
Australia and New Zealand Society of International Law
,
Deakin University
,
Crockett Chambers
,
University of Salford
,
Libertas Chambers
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Publications
Is the Law an Ass When It Comes to Mules? How Indonesia Can Lead a New Global Approach to Treating Drug Traffickers as Human Trafficked Victims
Publisher: Cambridge University Press (CUP)
Date: 04-10-2016
DOI: 10.1017/S2044251316000230
Abstract: Indonesia has enacted laws which provide mandatory protection for victims of human trafficking. It also has mandatory drug laws which, in some cases, lead to the death penalty. This legislative conflict together with investigative and prosecutorial failure risks the execution of human trafficked victims who are used as drug mules in organized crime. In countries where there is no statutory defence to criminal conduct, there is a need to approach criminal conduct in a way that protects victims. This includes mechanisms to ensure non-prosecution and non-punishment. The recent reprieve for Mary Jane Veloso, albeit temporary at the time of writing, is an opportunity for Indonesia to lead a new global approach to victim protection.
A review of the law surrounding female genital mutilation protection orders
Publisher: Mark Allen Group
Date: 02-07-2020
DOI: 10.12968/BJOM.2020.28.7.418
Abstract: Performing female genital mutilation (FGM) is prohibited within the UK by the FGM Act of 2003. A mandatory reporting duty for FGM requires regulated health and social care professionals and teachers in England and Wales to report known cases of FGM in under 18-year-olds to the police. An application to the court for an FGM protection order (FGMPO) can be made to keep in idual women and girls safe from FGM. This paper reveals the significant disconnect between the number of FGMPO applications and known recorded cases of FGM. The introduction of FGMPOs requires critical exploration as there is insufficient evidence to show that FGMPOs are effective in protecting women and girls from FGM. It is therefore unclear what impact, if any, FGMPOs are having upon the protection of women and girls at risk of FGM. The barriers to the implementation of FGMPOs and possible solutions are discussed.
Failure to evaluate introduction of female genital mutilation mandatory reporting.
Publisher: BMJ
Date: 08-06-2016
Mandatory reporting of female genital mutilation in children in the UK
Publisher: Mark Allen Group
Date: 02-06-2018
DOI: 10.12968/BJOM.2018.26.6.377
Abstract: While female genital mutilation (FGM) has been illegal in the UK since 1985, research estimated that in 2015 there were over 100 000 women and girls resident in the UK subjected to FGM. To determine the effect of changes in the legislation of 2015, which made reporting of FGM in girls under 18 mandatory. Freedom of Information requests were sent to all 45 UK police authorities, asking the number of cases of FGM reported between specific dates, victims' ages, the occupation of the person reporting and the age and gender breakdown of the police force. Similar requests were sent to health and social care organisations. Of 45 police authorities in the UK, six initially responded, with three stating that no cases of FGM had been reported. The remaining police authorities either provided partial information or declined the request. However, other sources indicated over 6000 reported cases between October 2014 and October 2015. The ability of frontline professionals and policymakers to obtain, interpret and use data is affected by the secrecy that surrounds FGM, the complexities of investigation and the absence of a significant numbers of prosecutions.
Moral judgments under uncertainty: risk, ambiguity and commission bias
Publisher: Springer Science and Business Media LLC
Date: 24-08-2023
DOI: 10.1007/S12144-023-05050-W
Abstract: Previous research on moral dilemmas has mainly focused on decisions made under conditions of probabilistic certainty. We investigated the impact of uncertainty on the preference for action (killing one in idual to save five people) and inaction (saving one but allowing five people to die) in moral dilemmas. We reported two experimental studies that varied the framing (gain vs loss), levels of risk (probability of gain and loss) and levels of ambiguity (imprecise probability information) in the choice to save five in iduals by sacrificing one. We found that participants preferred actions with uncertainty (risk/ambiguity) over inaction. Specifically, we found that participants preferred actions with precise probability information (risk) over inaction, and they preferred actions with modest or high levels of ambiguity over actions with precise probabilities, especially when moral dilemmas had a loss frame. We also observed commission bias in Study 2. We discussed the implications for research in moral decision-making.
The drive for virtual (online) courts and the failure to consider obligations to combat human trafficking – A short note of concern on identification, protection and privacy of victims.
Publisher: Elsevier BV
Date: 08-2018
Mifepristone by prescription: not quite a reality in the Northern Territory of Australia
Publisher: Elsevier BV
Date: 10-2016
Game Theory and the Human Trafficking Dilemma
Publisher: Informa UK Limited
Date: 16-12-2019
New member of the professional board
Publisher: Elsevier BV
Date: 08-2015
Using Data to Combat Human Rights Abuses [Leading Edge]
Publisher: Institute of Electrical and Electronics Engineers (IEEE)
Date: 2014
Physical punishment of children : time to end the defence of reasonable chastisement in the UK, USA and Australia
Publisher: Brill
Date: 20-06-2017
DOI: 10.1163/15718182-02501007
Abstract: As at March 2016, 49 states had reformed their laws to clearly prohibit all corporal punishment of children (United Nations 1989) in all settings, including the home (Global Initiative to End All Corporal Punishment of Children, n.d.) By January 2017 this number had reached 52. As the trend moves towards abolition, it is not an acceptable position for the United Kingdom ( uk ), the United States of America ( usa ) and Australia (Poulsen, 2015) to remain missing from that list. Whilst they are, effectively, a child (a person aged under 18 years of age), is the only person in all three countries that it is legal to hit. This article seeks to restate arguments in this area in a simple way to restart the debate in a modern context where understanding of child abuse is perhaps more widespread than it ever was in the past. On 20 October 2014 a report, Living on a Railway Line, was launched in the uk to mark the 25th anniversary of the signing of the un Convention on the Rights of the Child, which took place on 20 November 1989 (Rowland, 2014). It recommended removing the defence of reasonable chastisement in relation to the punishment of children. This article seeks to build on that agenda in a comparative context taking a three way perspective from the uk , the usa and Australia. It concludes that moves to prevent family violence are progressive but the position of a society where physical punishment of children is permitted yet child abuse is forbidden is not a tenable one. Reducing the number of cases of child abuse must begin with a clear message from society that physical punishment of children, whatever the circumstances, is unacceptable. The situation is serious enough to introduce aspirational legislation to remove justifications for physical punishment of children with the aim of modifying behaviour within society.
The role of technology in the fight against human trafficking: Reflections on privacy and data protection concerns
Publisher: Elsevier BV
Date: 04-2016
Death and the Dowry System: India’s Women and Female Children at Global Risk of Gendercide Over Money
Publisher: Walter de Gruyter GmbH
Date: 2017
Abstract: Increasing globalization means that some actions or events transcend national boundaries and often require harmonization of responses. This is increasingly apparent in the context of violence against women and girls as movement of people and culture creates new challenges. News of accusations of dowry harassment against actress Smita Bansal caused a sensation in December 2015. The allegations arose during her brother’s orce in London. It was suggested that her family had taken away jewelry and money from her sister-in-law during marriage to her brother. The allegations were refuted. True or otherwise, the issue of dowry has been catapulted onto the world stage. Whilst the demanding and giving of dowry has been effectively illegal in India since 1961 (The Dowry prohibition Act, 1961), the practice continues and has been exported globally with migration. No similar provisions appear outside India to protect extra territorial dowry demands or harassment. Research is scant but news reports suggest that women are burned, poisoned, beaten and forced to commit suicide. Female children suffer infanticide and foeticide when dowry is unpaid or deemed insufficient. This paper explores these issues.
A slippery and inconsistent slope: How Cambodia's draft cybercrime law exposed the dangerous drift away from international human rights standards
Publisher: Elsevier BV
Date: 10-2015
Access to extraterritorial evidence: The Microsoft cloud case and beyond
Publisher: Elsevier BV
Date: 08-2015
The rule of law online: Treating data like the sale of goods: Lessons for the internet from OECD and CISG and sacking Google as the regulator
Publisher: Elsevier BV
Date: 10-2014
Related Organisations
Carmelite Chambers
Location: United Kingdom of Great Britain and Northern Ireland
Australia And New Zealand Society Of International Law
Location: Australia
Inns Of Court School Of Law
Location: United Kingdom of Great Britain and Northern Ireland
University Of Salford
Location: United Kingdom of Great Britain and Northern Ireland
Libertas Chambers
Location: United Kingdom of Great Britain and Northern Ireland
Kingston University
Location: United Kingdom of Great Britain and Northern Ireland
Related Funding Activities
No related grants have been discovered for Felicity Gerry KC.