ORCID Profile
0000-0001-5992-9939
Current Organisation
University of Western Australia
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Publisher: Informa UK Limited
Date: 04-05-2019
Publisher: Informa UK Limited
Date: 02-01-2021
Publisher: Routledge
Date: 24-05-2021
Publisher: SAGE Publications
Date: 03-2017
Abstract: On 23 September 2016, the United Nations (UN) Committee on the Rights of Persons with Disabilities found that the Australian government had breached its obligations under the UN Convention on the Rights of Persons with Disabilities. The case against Australia was brought by Marlon Noble, an Aboriginal man with an intellectual disability who was charged with sexual assault but found unfit to stand trial under the Mentally Impaired Defendants Act 1996 (WA). He was imprisoned indefinitely in 2001 and has been held in civil detention in the community since 2012. This article analyses the current policy and legislative context in Western Australia on this issue and reflects on Australia’s previous responses to in idual human rights complaints to UN Committees.
Publisher: Informa UK Limited
Date: 05-07-2021
Publisher: Edward Elgar Publishing
Date: 10-01-2020
Publisher: Informa UK Limited
Date: 07-01-2020
Publisher: Edward Elgar Publishing
Date: 10-01-2020
Publisher: Informa UK Limited
Date: 04-05-2021
Publisher: Oxford University Press (OUP)
Date: 02-2018
Publisher: SAGE Publications
Date: 25-08-2023
DOI: 10.1177/00113921231194093
Abstract: This article analyses the ways Australia’s overseas ‘public information c aign’ on asylum based around the phrase ‘No way. You will not make Australia home’ has been adopted by far-right movements in Europe. Considering ex les of anti-asylum online video c aigns and activism in a range of European countries, we note semiotic and discursive similarities with the Australian c aign. We discuss the implications of such discursive transfer from official Australian government policy to far-right c aigns promoting a blatantly racist agenda in Europe. We also consider the broader question of the fundamental challenge to international law inherent in the promulgation of information that denies the right to seek asylum in Refugee Convention signatory states.
Publisher: Edward Elgar Publishing
Date: 10-01-2020
Publisher: SAGE Publications
Date: 16-08-2018
Abstract: Western Australia is the Australian state with the highest incarceration rates of Aboriginal people. This article examines the laws and policies governing driving offences, driver’s licensing, and fines in Western Australia and their implications for Aboriginal people. The Aboriginal rate of imprisonment for licensing offences in Western Australia is significantly higher than the rate for non-Aboriginal people, with the overrepresentation being particularly stark within regional areas. Geographical, cultural, financial, and social barriers inhibit the accessibility of driver’s licensing services for Aboriginal people, while an acute need to drive in Aboriginal communities can lead to unlicensed driving. As a result, Aboriginal people are imprisoned for unlicensed or disqualified driving or fine defaults, with harmful impacts on Aboriginal communities. The article makes recommendations for law reform, to be considered in consultation with Aboriginal communities in adherence with Australia’s obligations regarding self-determination, consultation, representation and consent in the United Nations Declaration on the Rights of Indigenous Peoples.
Publisher: Hart Publishing
Date: 2023
Publisher: Stellenbosch University
Date: 2022
DOI: 10.20853/36-1-4844
Abstract: In March 2020, the President of South African announced that the nation would go into full lockdown in the wake of an increase in COVID-19 infections. Academics had, in some instances, only one day to prepare for “emergency remote teaching”. Few academics had taught online before, as South Africa’s internet connectivity is not guaranteed in underprivileged areas, where 80 per cent of the population reside. The online move thus necessitated an entirely novel pedagogy for most academics, with high potential for an escalation of work-related stress and related illness, outcomes we have related in the wider sphere of workplace readjustment during COVID-19, to a state of “pandemia”. In this article, we report on an institutional case study where we surveyed n=136 academics from a university in the Western Cape, South Africa to learn more about impacts of COVID-19 on their work. The data analysis adopts Ryff’s (1995) theory of well-being. Findings indicate that the enforced lockdown due to COVID-19 and the subsequent move to online teaching has had a negative impact on academics’ sense of well-being. However, the emergence of positive, caring relationships between colleagues is reported as a significant outcome of the COVID-19 enforced move to online teaching.
Publisher: SAGE Publications
Date: 16-04-2018
Abstract: Despite growing awareness of the importance of the role of Non-Governmental Organisations (NGOs) in monitoring international human rights law, there is as yet little analysis of the heterogeneous nature of NGOs and of the relationships between NGOs engaging with the United Nations (UN). This socio-legal analysis was drawn from 26 interviews with key stakeholders across the UN, Governments and NGOs. The article analyses, problematises and maps the NGO role, presenting a taxonomy with six categories of NGOs engaging with UN human rights bodies - international facilitative, gatekeeper, imperialist, domestic self-sufficient, domestic dependent and Governmental Non-governmental Organisations (GONGOs). It also considers the role of National Human Rights Institutions in engaging with the UN, vis-à-vis the NGO role. A preferred NGO model of engagement according to those in the UN receiving NGO reports is presented. The article concludes that NGOs play a pragmatic role in addressing limitations of the UN human rights system, and a normative role in contributing to global democratisation and governance.
Publisher: Cambridge University Press (CUP)
Date: 15-11-2022
DOI: 10.1017/BHJ.2021.47
Abstract: The business and human rights agenda is gaining momentum internationally, perhaps best evidenced through recent legislative responses to tackling modern slavery. Using a reflexive law lens, we analyse three recent laws – the UK Modern Slavery Act 2015, the French ‘duty of vigilance’ law of 2017, and the Australian Modern Slavery Act 2018 (Cth). The three laws, or their accompanying guidance, share characteristics in terms of reporting requirements: the supply chain risk mapping/assessment and management analysis of subsidiary and supply chain risk and effectiveness. The French Act has a broader scope as it is a due diligence, rather than a reporting law and includes obligations with regard to human rights and fundamental freedoms, health and safety, and the environment. It is the only Act of the three with substantive penalty provisions. All reporting requirements in the French and Australian Acts are mandatory, but the UK Act has limited mandatory reporting requirements. We find that only 22 companies globally will be required to report under all three laws. Using a subset of this dataset, we analysed 59 French vigilance plans and UK modern slavery statements published by nine manufacturing companies. This provided some preliminary analysis of how businesses have reported under the French Droit de Vigilance and the UK Modern Slavery Act (reports under the Australian Modern Slavery Act for these companies were not published at time of writing). Overall, businesses are using less demanding measures such as introducing policies and delivering training more commonly than the somewhat more resource-intensive activities such as audits. The more onerous requirements of the French law were reflected in the content and level of detail in the vigilance plans, compared with the UK modern slavery statements. However, for some companies, there were strong similarities between the UK and French publications, indicating ‘creep’ from the French Act into UK reports or a ‘race to the top’.
Publisher: SAGE Publications
Date: 19-01-2022
DOI: 10.1177/00221856211054586
Abstract: ‘Modern slavery’ describes various forms of severe relational labour exploitation. In the realm of global value chains and global factories that are led by multinational enterprises, modern slavery encompasses practices such as forced labour and debt bondage. Multinational enterprises organise and orchestrate global value chains into global factories that are highly adaptive to market pressures and changes in the external environment. We employ the global factory framework to conceptualise when and how global value chains become more vulnerable to modern slavery. We argue that combinations of the three global value chain characteristics: complexity, appropriation arrangements, and obligation cascadence, jointly form an environment in which modern slavery can evolve and take root. The degree to which forms of modern slavery become visible and recognisable depends on the particular combination of these characteristics. External factors can moderate the relationship between these factors (e.g. involvement of non-governmental organisations) or exaggerate their effect (e.g. a pandemic).
Publisher: OsloMet - Oslo Metropolitan University
Date: 05-09-2019
DOI: 10.7577/HRER.3093
Abstract: Effectively addressing violations of human rights requires dealing with complex, multi-spatial problems involving actors at local, national and international levels. It also calls for a erse range of inter-disciplinary skills. How can tertiary educators prepare students for such work? This study evaluates the coordinated implementation of human rights simulations at seven Australian universities. Based on quantitative and qualitative survey data from 252 students, we find they report that human rights simulation exercises develop their skills. In particular, students report that they feel better able to analyse and productively respond to human rights violations, and that they have a greater awareness of the inter-disciplinary skills required to do so. Overall, this study finds that simulations are a valid, scalable, classroom-based work integrated learning experience that can be adapted for students at undergraduate and postgraduate level, across a range of disciplines and in both face-to-face and online classes.
Publisher: Oxford University Press (OUP)
Date: 23-08-2017
DOI: 10.1093/HRLR/NGX020
Abstract: Non-governmental organisations (NGOs) play an important, albeit limited, role in the United Nations most recent human rights monitoring mechanism, the Universal Periodic Review (UPR). Drawing on empirical data from an Australian case study and interviews with international stakeholders, the study explores the NGO role and influence in this state-centric, peer review mechanism. Case study findings indicate that recommendations made by NGOs, in particular a coalition of domestic NGOs, correlate closely with many UPR recommendations but that United Nations sources are more influential. This suggests that other United Nation human rights mechanisms complement the UPR, so that NGOs should continue to engage with both these and the UPR.
Publisher: SAGE Publications
Date: 22-05-2022
DOI: 10.1177/1037969X221083832
Abstract: Public procurement presents opportunities for improved human rights protection, specifically requiring that suppliers of government goods and services respect human rights. We discuss two recent developments: the introduction of the Modern Slavery Act 2018 (Cth) (MSA) which applies to businesses and Commonwealth entities and particularly, recent moves by the Western Australian government to introduce a procurement debarment regime as part of the Procurement Act 2020 (WA). Noting that these are positive developments, we nonetheless identify ways to strengthen both the MSA and the debarment regime.
Publisher: Informa UK Limited
Date: 12-09-2021
Publisher: SAGE Publications
Date: 13-09-2021
Publisher: Peter Lang UK
Date: 22-12-2018
DOI: 10.3726/B10545
No related grants have been discovered for Fiona McGaughey.