
Castan Centre
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Based in the Law Faculty at Monash University, The Castan Centre for Human Rights Law seeks to promote and protect human rights through the generation and dissemination of public scholarship in international and domestic human rights law. The Centre maintains this blog to enable frank open discussion about various human rights topics.
Castan Centre
5M ago
Recent cases in the Coroners Court reflect systemic failings in the care of vulnerable people - systemic failings that resulted from a failure to protect, respect, and fulfil human rights, leading to individual's deaths. What different would a Human Rights Act make in such cases ..read more
Castan Centre
5M ago
Iconic rock band Oasis has announced a reunion tour, 16 years after the feuding brothers, Liam and Noel Gallagher, disbanded the band. The brothers announced: “The guns have fallen silent. The stars have aligned. The great wait is over. Come see. It will not be televised.” This reflects the strength and resilience of sibling relationships, which are often the most enduring relationships in our lives, given that we tend to outlive our parents, and partners and children come into our lives much later. It’s our siblings who can be in our lives from cradle to grave ..read more
Castan Centre
5M ago
It’s been a case closely watched by the transgender community and legal minds alike. Last week in the Federal Court of Australia, a judge ruled in favour of trans woman Roxanne Tickle in her anti-discrimination case against a social media app. Much of proceedings have centred around what constitutes a woman under Australian law, and whether someone’s sex can be changed ..read more
Castan Centre
5M ago
The Victorian government has introduced legislation into parliament that will override the Charter of Human Rights and Responsibilities Act 2006 (Vic) (“Charter”). The State Civil Liability (Police Informants) Bill 2024 extinguishes civil actions arising out of the Lawyer X saga, in which criminal barrister Nicola Gobbo became an informant for Victoria Police ..read more
Castan Centre
8M ago
By Paula Gerber and Melissa Castan
Australia is the only Western democracy that does not have a national Human Rights Act, but this may be about to change.
After an inquiry lasting more than a year, the Parliamentary Joint Committee on Human Rights has just delivered its report to parliament. The report sets out 17 recommendations, including that “the government introduce legislation to establish a Human Rights Act”.
The report is a comprehensive 486 pages. Of particular note is that of the 335 submissions received, 87.2% (292) support the adoption of federal Human Rig ..read more
Castan Centre
9M ago
By Joseph Friedman
In July of this year, a group of passionate individuals and criminal justice organisations will launch an ambitious project: Australia’s first national prison newspaper. The paper will be called About Time.
This will be a paper for incarcerated people, by incarcerated people. It will provide a window into the concealed world of incarceration and a voice to the incarcerated. It will be a platform for education and news, expression and hope.
There are approximately 42,000 people in Australian prisons. A staggering 38% of those are pre-trial detainees/remand pr ..read more
Castan Centre
9M ago
By Paula Gerber
Around the world, the human rights of transgender people are under attack. Media reports of trans women being vilified, excluded and discriminated against are frequent, and the consequences of this rise in hatred towards trans people can be deadly.
In the United States, animosity towards trans people is reaching fever pitch with 42 of the 50 states introducing laws that seek to limit trans people’s access to healthcare, participation in sport, use of bathrooms and serving in the military, as well as censoring education about gender identity.
There is i ..read more
Castan Centre
1y ago
By Wayne Atkinson and Kevin Bell
The Voice referendum was a disappointing result for many, but there is hope that much of its vision could be achieved via a different path. The Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs has presented a report to federal parliament calling for the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
The committee was led by Uncle Patrick Dodson, a Yawuru poltician who is retiring from the senate on January 26, the anniversary of Australia’s invasion.
The Decl ..read more
After the Voice defeat, we can never again allow politics to suspend the cause of Indigenous justice
Castan Centre
1y ago
By Paula Gerber and Melissa Castan
In the lead-up to the Voice referendum there was widespread consensus that Australia needed to do more to improve the lives of First Nations peoples but there was significant disagreement about how to go about this.
Australians rejected the proposal for a Voice to Parliament embedded in the constitution. This week marked 100 days since that unsuccessful referendum. By now we expected those who campaigned against the constitutional reform would have stepped up with their proposals about how to improve the lives of Indigenous Australians. Alas, there has b ..read more
Castan Centre
1y ago
By Paula Gerber
The No campaign repeatedly says that Australians should not support the Voice because it is divisive. This fundamentally misconstrues what we are being asked to vote on. The Voice is like a marriage proposal, not a divorce petition. It is about unity, not division.
The call for the Voice comes from the Uluru Statement from the Heart. The final sentence reads “We invite you to walk with us in a movement of the Australian people for a better future.” This is an offer work together for a more harmonious future.
The referendum is akin to Indigenous Australians ‘popp ..read more