Non-Discrimination Laws and Religious Freedom: Current Conflicts and Future Directions. Achieving the right balance between adequately protecting religious freedom while staying true to principles of non-discrimination is far from easy. This project will advance understanding and analysis of religious freedom and equal treatment in Australia, in principle, in law and empirically. In the context of community tensions along ethno-religious lines, it will benefit Australia to have the issues at st ....Non-Discrimination Laws and Religious Freedom: Current Conflicts and Future Directions. Achieving the right balance between adequately protecting religious freedom while staying true to principles of non-discrimination is far from easy. This project will advance understanding and analysis of religious freedom and equal treatment in Australia, in principle, in law and empirically. In the context of community tensions along ethno-religious lines, it will benefit Australia to have the issues at stake described and clarified. The project will identify the relevant interests at stake and develop policy recommendations for their protection. The aim is to contribute to inter-religious (and inter-cultural) harmony, as an element of safeguarding Australia.Read moreRead less
Improving the Effectiveness of Australia's Anti-Discrimination Laws. The effectiveness of Australia's anti-discrimination laws in reducing discrimination and developing acceptance of diversity has been limited by reliance on a complaints-based enforcement model, narrow drafting and technical judicial interpretations. The laws will be analysed and evaluated against overseas laws and by a survey of stakeholders and users. Results will significantly develop the literature, and produce recommendat ....Improving the Effectiveness of Australia's Anti-Discrimination Laws. The effectiveness of Australia's anti-discrimination laws in reducing discrimination and developing acceptance of diversity has been limited by reliance on a complaints-based enforcement model, narrow drafting and technical judicial interpretations. The laws will be analysed and evaluated against overseas laws and by a survey of stakeholders and users. Results will significantly develop the literature, and produce recommendations for improvement of the legislation to protect the community better from discrimination and encourage harmony with diversity, essential to Australia's future. All equal opportunity legislation throughout Australia will be analysed, with a focus on the Victorian Equal Opportunity Act 1995.Read moreRead less
An Australian alternative to Bills of Rights and the promotion of human rights responsibilities. It is important for Australia to have an effective strategy for domestic human rights protection. The project explores one such strategy involving the constitutional adoption of an Australian Charter of Rights that retains and develops exisiting democratic rights and responsibilities and provides incentives to the Parliament to enact comprehensive human rights legislation relating to political, socia ....An Australian alternative to Bills of Rights and the promotion of human rights responsibilities. It is important for Australia to have an effective strategy for domestic human rights protection. The project explores one such strategy involving the constitutional adoption of an Australian Charter of Rights that retains and develops exisiting democratic rights and responsibilities and provides incentives to the Parliament to enact comprehensive human rights legislation relating to political, social and economic power.Read moreRead less
Fair Procedures for Refugee Status Determinations. Australia, and other Western countries are experiencing an upsurge in the number of persons seeking refugee status. This project will answer the call of a recent Senate Legal and Constitutional Affairs Committee for an urgent independent review to determine which procedures will best achieve accurate outcomes for refugee (asylum) applicants. The study will compare procedures and standards in Australia, Canada, the UK, USA, Germany and France a ....Fair Procedures for Refugee Status Determinations. Australia, and other Western countries are experiencing an upsurge in the number of persons seeking refugee status. This project will answer the call of a recent Senate Legal and Constitutional Affairs Committee for an urgent independent review to determine which procedures will best achieve accurate outcomes for refugee (asylum) applicants. The study will compare procedures and standards in Australia, Canada, the UK, USA, Germany and France and propose acceptable benchmarks and standards for cost effective and socially cohesive procedures within Australia and internationally. As a result of this research Australia is anticipated to play a leading role in the implementation of global solutions to this issue.Read moreRead less
Safeguarding human rights in China: A study of the role of legal aid policy. While China is a well-known Australia n trading partner its efforts to safeguard human rights are not well known. China's legal aid, the focus of this study, promotes human rights in China by assisting women, children, the elderly and disabled with legal advice and education, and representation in court cases. This project describes the innovative Chinese policy, assesses its role in promoting human rights, and propose ....Safeguarding human rights in China: A study of the role of legal aid policy. While China is a well-known Australia n trading partner its efforts to safeguard human rights are not well known. China's legal aid, the focus of this study, promotes human rights in China by assisting women, children, the elderly and disabled with legal advice and education, and representation in court cases. This project describes the innovative Chinese policy, assesses its role in promoting human rights, and proposes practical reforms to further improve legal aid. By improving human rights and the legal system it will also promote the stable conditions in China needed for Sino/Australian trade.Read moreRead less
The Asylum Seeker in the Legal System: A Comparative and Theoretical Study. Issues about asylum seekers and the legal system in Australia will be brought more prominently before an international audience of lawyers and political scientists. This should generate further collaborative work between scholars in Australia and overseas. The nation will benefit from the publication of a more fully developed theory about the 'rule of law' which tackles fundamental questions of political morality, and ....The Asylum Seeker in the Legal System: A Comparative and Theoretical Study. Issues about asylum seekers and the legal system in Australia will be brought more prominently before an international audience of lawyers and political scientists. This should generate further collaborative work between scholars in Australia and overseas. The nation will benefit from the publication of a more fully developed theory about the 'rule of law' which tackles fundamental questions of political morality, and the importance of judicial decision-making. It will clarify the important issues, and stimulate discussion of further and better solutions to the issue.Read moreRead less
The Impact of Hate Speech Laws on Public Discourse in Australia. 2009 will mark the 20th anniversary of the enactment of the first Australian laws (NSW) directed at the regulation of hate speech. Although hate speech laws are now firmly embedded in Australia's legal landscape, and have been extended in some jurisdictions to vilification based on religious and sexual orientation, they remain a controversial instrument for supporting Australia's policies on multiculturalism, religious tolerance an ....The Impact of Hate Speech Laws on Public Discourse in Australia. 2009 will mark the 20th anniversary of the enactment of the first Australian laws (NSW) directed at the regulation of hate speech. Although hate speech laws are now firmly embedded in Australia's legal landscape, and have been extended in some jurisdictions to vilification based on religious and sexual orientation, they remain a controversial instrument for supporting Australia's policies on multiculturalism, religious tolerance and respect for difference. An examination of the effects of hate speech laws on public discourse - both intended and unintended - will offer valuable insights about the capacity of law to deliver social cohesion in 21st century Australia.Read moreRead less
Strengthening the Human Rights Focus of Anti-Discrimination Law and Practice. Australian anti-discrimination legislation aims to promote and protect human rights, but its impact has been limited by reliance on private, individualised complaint-handling processes, and by the limited capacity of anti-discrimination agencies to engage in broader inquiries or litigation strategies. This project will determine how to maximise awareness and protection of human rights through the discrimination complai ....Strengthening the Human Rights Focus of Anti-Discrimination Law and Practice. Australian anti-discrimination legislation aims to promote and protect human rights, but its impact has been limited by reliance on private, individualised complaint-handling processes, and by the limited capacity of anti-discrimination agencies to engage in broader inquiries or litigation strategies. This project will determine how to maximise awareness and protection of human rights through the discrimination complaint-handling process, the management of anti-discrimination litigation, and/or the use of other agency functions and powers. By incorporating both the conciliation and litigation aspects of anti-discrimination procedures, systematically examining international models, and involving one of the anti-discrimination agencies as industry partner, the project is designed to contribute significantly to the implementation of human rights in Australia.Read moreRead less
Australia's first bill of rights: Assessing the impact of the Australian Capital Territory's Human Rights Act. The ACT is about to adopt Australia's first bill of rights, the ACT Human Rights Act. This project will document and analyse the implementation of this historic law through its effect on executive and legislative policy and its interpretation by the judicial system. It will also develop a framework for assessing the regulatory impact of bills of rights generally. The project will gen ....Australia's first bill of rights: Assessing the impact of the Australian Capital Territory's Human Rights Act. The ACT is about to adopt Australia's first bill of rights, the ACT Human Rights Act. This project will document and analyse the implementation of this historic law through its effect on executive and legislative policy and its interpretation by the judicial system. It will also develop a framework for assessing the regulatory impact of bills of rights generally. The project will generate monitoring information for the Industry Partner, publicly accessible information for researchers and policy makers and contribute to the scholarly debate about the significance of bills of rights.Read moreRead less
Seeking Asylum Alone: The Treatment of Separated and Trafficked Children in Need of Refugee Protection in Australia. Forced migration is a critical human rights issue. Although increasing in number, children traveling on their own to seek protection abroad have received scant scholarly attention. No systematic research exists on the efficacy of asylum as a mechanism for protecting separated children smuggled or trafficked into Australia. Claims and experiences of such children will be catalog ....Seeking Asylum Alone: The Treatment of Separated and Trafficked Children in Need of Refugee Protection in Australia. Forced migration is a critical human rights issue. Although increasing in number, children traveling on their own to seek protection abroad have received scant scholarly attention. No systematic research exists on the efficacy of asylum as a mechanism for protecting separated children smuggled or trafficked into Australia. Claims and experiences of such children will be catalogued and studied to determine the extent and nature of the disadvantage they face within Australia's refugee system. The findings will contribute to an international project aimed articulating best practice guidelines for the legal treatment of separated children in refugee determination systems around the world.Read moreRead less