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By pursuing the refugee swap deal with Malaysia, Australia may be in breach of one of the most serious prohibitions in international law. This raises the question of what Australia's attitude is to other fundamenal norms of international law. This question goes well beyond issues of refugee protection.
In 1994 gay-rights activist Nicholas Toonen succesfully challenged Tasmanian laws criminalising homosexual acts. As Australia considers reforming its privacy laws, the case remains a good illustration of the deeper questions about the balance between state power and competing moral claims.
It is easy to wring our hands and blame the media for bias and shoddy practices. But the truth is we like our fix of gossip and outrage, viewed through our favourite political spectacles, and are not always concerned how we get it. That is why tabloids sell.
Justin Glyn is a Jesuit priest who grew up in South Africa and migrated to New Zealand in 1998. He has practised law in both countries and has a doctorate in international and administrative law from the University of Auckland. After his ordination he will travel to Canada to study a Licence in Canon Law at St Paul University in Ottawa, Canada. He has published articles on theology and an adapted version of his Ph.D thesis was published by Presidian in 2009 under the title Fundamental Rights in Administrative Decision-Making: Peremptory Norms as Objective Standards in Immigration and Refugee Cases.
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