Welcome to Eureka Street
Looking for thought provoking articles?Subscribe to Eureka Street and join the conversation.
Passwords must be at least 8 characters, contain upper and lower case letters, and a numeric value.
Eureka Street uses the Stripe payment gateway to process payments. The terms and conditions upon which Stripe processes payments and their privacy policy are available here.
Please note: The 40-day free-trial subscription is a limited time offer and expires 31/3/24. Subscribers will have 40 days of free access to Eureka Street content from the date they subscribe. You can cancel your subscription within that 40-day period without charge. After the 40-day free trial subscription period is over, you will be debited the $90 annual subscription amount. Our terms and conditions of membership still apply.
There are more than 200 results, only the first 200 are displayed here.
The Australian Law Reform Commission inquiry into Indigenous incarceration in Australia recognises and validates widely held concerns. On the other hand, it also represents the abject failure of successive governments around the country to pay heed to what we do know about the incarceration of Aboriginal and Torres Strait Islander Australians, including the failure to implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody.
The right wingers who support stripping people of their visas, and separating families in the process, have a point when they say that the US government is not beginning a new persecution, but merely continuing and deepening the persecutions of their predecessors. While previous administrations were more subtle in their actions than Trump's, it is undoubtedly true that the nationals now picked for sanction were those who were already targeted for visa penalties in the Obama years.
This year International Migrants Day has called for children to be released from detention. It is appropriate that an event held in the shadow of Christmas should advocate for children. For they lie at the heart of Christmas. The insistence in the Gospel stories on the obligation to respect and nurture children is not exclusive to Christians. It is echoed in the attention to children and concern for their growth into responsible adults shared by other religions and cultures.
Earlier this year, a Queensland man was found not guilty of intentionally infecting his former girlfriend with HIV. The case was sent back to the District Court to determine a sentence for the lesser charge of grievous bodily harm. At the time of the decision, the not-guilty finding was both welcomed by advocates who see criminal prosecution as reflecting the stigma of the condition, and criticised by others who consider the criminal law an appropriate sanction for harm caused.
'We're not going to allow people who have sought to come by boat to come to Australia through a backdoor and we are not going to allow sham marriages to facilitate that,' said Peter Dutton. Given all the existing checks and hurdles, why have a ban? It would only affect about 2000 people; the other 35,000 who came by boat before 19 July 2013 or were not sent to Nauru and Manus Island are not affected. The true intention is to further punish the people we dumped on our Pacific neighbours.
It didn't take long for me and other Filipino friends to be asked 'How do we Americans deal with this?' There is nothing soothing to say. Trump is not Duterte, of course, and there are differences in governance and law enforcement that (as yet) better protect Americans. But what I know is it is not the office that makes the person presidential. It is a waste of time to expect Trump to change. There will be no post-election unity, despite the conciliatory noises being made. And yet there is no choice but to endure.
'Will this affect my case?' Hassan was worried about the survey that said nearly 50 per cent of Australians wanted to ban Muslims from migrating to Australia. I was working on his protection visa. He had a strong case. 'No,' I replied. Like any large religion, in Islam there are many variations in practice and beliefs, influenced by cultural and historical events. To simply ban them all is a crazy option. You do not ban everyone just because a minority are involved in criminal activity. Or so I thought.
Finally he is having his day in court. After 13 months languishing in limbo in immigration detention, he has been given the opportunity to be heard. Hopefully, it won't be long now before his case is determined and his torment resolved. Or so I thought. But in today's Australia, asylum seekers are not treated the same way as you or me. I meet him not as originally planned in the courtroom itself, but in the bowels of the building where he has been confined for the second day in a row to a tiny cell.
With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.
Last year I sat in the offices of one of the judges of the International Criminal Court as we spoke about the possibility of ecocide law becoming an international crime against humanity. An international law against ecocide at its simplest is the criminalisation of mass destruction of the environment due to human action. At that time I heard that the obstacles were not legal, but political. Last week the ICC announced it may hold corporate executives and governments legally responsible for environmental crimes.
When I read this week that Tony Abbott and John Howard will hear no talk of a Treaty with Aboriginal Australia, my first thought was 'Who listens to these blokes from ancient political history?' Abbott conceded that it is important to recognise Indigenous Australians were here first, 'But once it goes beyond that I think you open up all sorts of other things.' That is true, and those other things to be opened up are incredibly legally exciting and relevant to our times.
Inspired by the person Ignatius, inspired by the person Jesus, we are motivated to make a difference; we are passionate to seek justice for all, especially the poor and the marginalised; we are convinced that we can find God in all things, even in the Don Dale Detention Centre; we know that all persons are called to a deep interior freedom, even those prison guards with hardened hearts; we are convinced that the law of the Lord teaches us right from wrong and that the ways of the Lord inspire us to do and proclaim what is right and to denounce what is wrong, especially when the wrong is done by the powerful upon the powerless.
121-132 out of 200 results.