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'I am a Jesuit amongst Dominicans contemplating the Church's view of human rights. I am a human rights practitioner rather than a theologian, aware that human rights discourse is increasingly more universal and secular. Contemplating, preaching and enacting human rights in the 21st Century Church and World, I come asking two questions.' Frank Brennan's keynote presentation in Salamanca Spain to the International Congress of Dominicans in the Promotion and Defence of Human Rights: Past, Present, Future on the occasion of their 800th anniversary.
The 4 Corners report into the treatment of children in a NT juvenile justice facility is a stark and grotesque demonstration of state abuse of power. As a result John Elferink, NT Corrections Minister, has been sacked, and the Prime Minister has announced a royal commission into the actions at Don Dale. This is a good start, but there is much more to be done. We need to question a culture that willingly imprisons the most vulnerable, and puts up with a system where not all are equal before the law.
Once the state legislates to permit assistance with the suicide of a dying, suffering, mentally competent person, the door could well be opened to those who agitate a right to kill and not just a liberty to assist with suicide, and that door could be pushed open onto a class of patients which ultimately will include those who are not dying at all That door is now wide open in Belgium and the Netherlands, while he Canadian Parliament is trying to place appropriate limits. I'm for keeping that door firmly shut.
When my alarm goes off in the morning I reach for my phone: check mail, check ABC, check Twitter. Get up, make filter coffee, pour one. Open my diary and spreadsheet, start working. Pour my second coffee. Eat something, clock calories in. Go for a walk, pick up whatever groceries, clock calories out. Back to work. If whatever I am working on isn't very interesting, this accounting for a day, after day, after day, is fairly sad. But it's also just living a life in 2016.
A bench of five justices of the Supreme Court of Justice, the highest court in Papua New Guinea, has unanimously ruled that the detention of asylum seekers on Manus Island is unconstitutional. Yet again, Australia has been complicit in its Pacific neighbours (PNG and Nauru) prostituting their Constitutions and undermining the rule of law in exchange for a fistful of dollars, with hapless asylum seekers, most of whom are ultimately proved to be refugees, being left to languish.
It is common for people to break the law. People fail to move on when instructed by police, evade tax, drive too fast, keep silent about abuse, trespass on military facilities, and drive when drunk. Many people assert that it is never right to break a law duly enacted by the government. From this principle it follows that anyone offering sanctuary to people who seek protection in Australia is acting wrongly. This blanket condemnation of law breaking runs against our inherited moral tradition.
Following Wednesday's High Court decision, the moral depravity of Australian funded offshore detention of asylum seekers, including children, is to continue. There is no joy to be found in our High Court applying a Constitution even more bereft of human rights protections than that of Nauru. It's time for our politicians to address the political and moral question: what purpose is actually served by sending this mum and her baby back to Nauru, when the boats have already stopped and will stay stop?
A series of protests against a mosque in Bendigo and the launch of an Islamophobic party in Perth may be cause for concern, but only if political leaders fail to invalidate fringe views. Under Tony Abbott, the conflation of Islam and extremism became mainstream. Corrections regarding racial vilification and incitement are most properly determined in the court, so it is not Muslims or lefties who are oppressing these views but the laws that operate in the secular democracy they purport to defend.
Interviewed before the screening of Hitting Home, her program on domestic violence, Sarah Ferguson pointed out that the statistics had scarcely altered in a couple of decades. How far back into our history does this dismal phenomenon reach? 'We could quickly fill the largest building in Sydney with women and children who now, for the sake of food and shelter, but more for the sake of what is called their "good name", are bearing blows, insults, servitude and degradation,' wrote Louisa Lawson in 1889.
I first met this Tony on my regular visits here to Darwin when he was working at the North Australian Aboriginal Legal Aid Service and then when he set up the mediation services under the auspices of Anglicare. In later years I knew him when he was your Anti-Discrimination Commissioner. He was a quiet, considered, gentle, strong and principled man. On Human Rights Day, it is only fitting that I honour Tony by offering some reflections on the architecture for human rights in Australia, on the contemporary human rights controversies, and on the way forward for better protection of the human rights of Aborigines and asylum seekers, two marginalised groups who had a special claim on Tony's sympathies.
The consideration of medico-legal problems in the public square of a pluralistic democratic society keeping pace with profound technological change is often marked by simplistic assertions, precluding considerations of comprehensive world views, whether religious or philosophical. It is now commonplace for doctors to be told to leave their consciences at the door, as their patients are consumers and they are suppliers and of course the market decides. Debates about law and policy are often resolved with simplistic assertions about individual rights and autonomy, with little consideration for the public interest, the common good, and the doctor-patient relationship. Even conscience is said to be a matter for contracting out. This evening I ask whether there are more compelling ways to resolve medico-legal dilemmas, while conceding a limited role for law in determining the range of acceptable answers.
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