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'We need to be more focused on grace, Christ and God's word, rather than just on law, the Church and papal utterances. But today, I will draw more on law, the Church and the Pope to point us towards those more fruitful domains: grace, Christ and God's word. Our future visioning needs to focus more on the gospel imperatives including the option for the poor and the dignity of all persons, including those who are non-believers.' Address to Catholic Health Australia's Catholic Governance Symposium, 27 March 2017
The commission's forensic scrutiny of past actions of church officials in no way constitutes an interference with the freedom of religion. Its spotlight is to be welcomed, provided only that it is shone on a truly representative sample of all institutions which have been found wanting and provided the same light filter is applied to all institutions. I do however have a problem with the commission making findings on issues like the want of compassion when those findings are made only against a Church.
No-one doubted Trump's ascendancy would deeply fracture the world as we know it. But few of us could have anticipated the swiftness with which his orders would impact some of the world's most disadvantaged citizens: vulnerable, impoverished women. With just one signature, the newly-installed president snatched from these women access to services that are essential to their physical and mental wellbeing and their economic prospects - and, in so doing, endangering countless lives.
The Minister has committed to improving youth detention facilities, the appointment of 100 more staff, and revision of Victoria's youth detention policy. But in doing so, she has sheeted home blame to the former government, and has accused lawyers for the children of pandering to ideology. The government's discourse continues the tough-on-crime narrative rather than acknowledging the causes and contexts of juvenile offending and the consequences of appalling facilities on the youth who are detained.
One distinctively Catholic practice is personal confession in which an individual confesses to God their sins and seeks forgiveness in the presence of and at the hands of a priest. Some groups and individuals are proposing to the royal commission that the seal of the confessional no longer be inviolable. I was quoted in The Australian saying, 'If a law is introduced to say that a priest should reveal a confession, I'm one of those priests who will disobey the law.' Being also a lawyer, let me explain.
Technicalities seldom withstand moral grievance. So it is with Philippine president Rodrigo Duterte's justification for allowing the remains of a reviled dictator to be buried at Libingan ng mga Bayani - the Heroes' Cemetery. Young Filipinos, observing recent political disorder, had begun wondering whether Marcos was really that bad. But the disgusted response of millenials and others to the sneaky burial suggests that the pushback against historical revisionism is paying off.
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.
'First warning: if you're going to be serious about a Human Rights Act, make sure that your government departments are sufficiently resourced and encouraged to produce meaningful statements of compatibility. Second warning, especially in a unicameral legislature: make sure that your parliamentary committee on human rights has sufficient muscle and status to arrest the progress of any bill until it has been thoroughly scrutinised for human rights compliance.' Frank Brennan's remarks at the Fringe Conference of the 2016 Queensland ALP Convention.
Even prior to Brexit, the Conservatives were wanting to replace the UK Human Rights Act with weaker legislation. They have been worried about what they perceive to be a loss of sovereignty. But even the British Conservatives remain committed to some form of human rights act. I commend the Queensland parliament for undertaking its present inquiry, and sound a cautious note of optimism about the modest gains which might be made by the enactment of a human rights act in Australia.
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.
I fret more than ever for friends and family in the Philippines. If life is so expendable, who can be safe? What if my brother-in-law is mistakenly identified as a drug 'pusher'? What if my dad goes to a cockfight and armed vigilantes do a drive-by? It is disheartening that many Filipinos seem to approve of Duterte's methods. This is the purge many had wanted. They see the current campaign as a necessary, painful transition to better things. They are wrong. Nothing personal, just history.
Next year marks the 50th anniversary of the amendment to the Constitution which took out the adverse references to Aborigines. Following our recent election, we are assured at least six, and possibly seven, members of our national parliament who proudly claim an Aboriginal or Torres Strait Islander heritage. They are represented in all parties and none. How good it would be if our elected Aboriginal politicians could come together across party lines and propose an amendment to the Constitution which recognises them.
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