Righting
the wrong: Achieving reparations for the Stolen Generations
by John T Rush QC
The life stories of Lorna Cubillo and Peter Gunner - the two representatives of the stolen generations at the centre of Cubillo and Gunner v Commonwealth of Australia [2000] FCA 1084 - are detailed, stories that the trial judge, O'Loughlin J, accepted as the circumstances of their removal and detention. The defeat of their claims is briefly discussed and a call is made to right the wrong done to them and the many other members of the stolen generations.
Repairing the
damage: Achieving reparations for the Stolen Generations
by Andrea Durbach
The difficulties posed by litigation for the stolen generations and the need for redress for victims of forcible removal policies, formed the basis of a Public Interest Advocacy Centre proposal for the establishment of a Stolen Generations Reparations Tribunal. 'Repairing the damage - achieving reparations for the stolen generations' explores the development of a mechanism which offers a culturally appropriate and compassionate response to the injustices endured by members of the stolen generations.
Who's the addict?
The need for pokie reform in Victoria
by Paul Ronalds
This article discusses the regulation
of gambling in Victoria and examines recent reforms introduced by the Bracks
Government. It also looks at recommendations of the Inter-Church Gambling Taskforce
to the way gambling is conducted in Victoria.
Homelessness
and human rights: Engaging human rights discourse in the Australian context
by Dianne Otto
This article examines the effectiveness of the 'indirect' (political rather than judicial) methods of implementation employed by Australian governments to fulfil their international human rights obligations by using the national Supported Accommodation Assistance Program (SAAP) as a case study. The case study reveals that the main problems with indirect approaches to human rights implementation are the lack of independent accountability mechanisms and the related absence of effective remedies in the event of a violation. Despite these shortcomings, the author suggests that there are many ways in which indirect implementation can be strengthened and urges critical engagement with Australian governments towards this end.
Living
in public space: a human rights wasteland?
by Cassandra Goldie
This article tells the story of Sam and John, two homeless men living in public space around Darwin in the Northern Territory. In August 1996, there were over 105,000 homeless people across Australia. The author examines the human rights of people living in public space.
Drug
courts: Sentencing responses to drug use and drug-related crime
by Arie Freiberg
This article discusses Victoria's new drug court, which focuses on identifying and addressing the underlying causes of drug use and drug-related crime. It is the fifth such court in Australia. They are part of an emerging trend in judicial administration that has seen the development of what have been termed 'problem-oriented courts'. They represent a move away from a focus on individuals and their criminal conduct to offenders' problems and their solutions.
Detention
of asylum seekers: Interpreting the Migration Act
by Anoushka Bondar
In four cases currently before the
Federal Court of Australia in which the legality of the detention of individual
asylum seekers is contested, interlocutory orders have been made by the Court
for the release of the asylum seekers, pending the hearing and determination
of each substantive proceeding. In the hearing of each interlocutory application,
several issues arose for consideration which required an interpretation of provisions
of the Migration Act 1958 (Cth), including whether the Court's power
to make the orders sought pursuant to s.23 of the Federal Court Act 1976
(Cth), was removed or limited by provisions of that Act. Ultimately, the
question of the grant of relief turned on whether the balance of convenience
favoured the grant of the relief sought, and in each case, significant weight
was given to the continued deprivation of the liberty of the applicant and the
harm which had ensued from that detention.
Capital
Punishment: Death for the most deserving
by Greg Heaton
This brief discusses two recent US cases that have narrowed the categories of people who can be given the death penalty in the United States. One case, Atkins v Virginia, decided that mentally retarded people cannot be executed and a second, Ring v Arizona decided that judges alone cannot impose the death sentence as this violates the constitutional right to trial by jury.
Human Rights:
After Johannesburg; can human rights be privatised too?
by Adam McBeth and David Kinley
This brief examines the implications
under international human rights law for the 'partnerships for sustainable development'
emerging from the recent World Summit for Sustainable Development in Johannesburg,
and for the general trend towards private provision of social services.
Humanitarian
Law: Teaching international humanitarian law and values to secondary school
students
by Kobi-Renée
Leins
A report on a 'refugee game' used by the International Red Cross to educate secondary school students about what it means to be a displaced person, asylum seeker or refugee.
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