Castan Centre for
Human Rights Law
law.monash.edu.au/castancentre
Annual Report 2014
Contents
About the Castan Centre.........................................................................................1
About Ron Castan AM QC ......................................................................................1
2014 In Review ..........................................................................................................2
Castan Centre programs.........................................................................................3
Public education.........................................................................................................3
Public lectures..............................................................................................................3
Conference...................................................................................................................5
Gala dinner...................................................................................................................6
Have you got that right?...............................................................................................7
Student programs......................................................................................................8
Global Internship Program............................................................................................8
In-house Internship Program........................................................................................9
Native Title Internships .................................................................................................9
Human Rights Moot Competition.................................................................................9
Policy...........................................................................................................................10
Submissions to parliamentary committees..................................................................10
Media............................................................................................................................11
Social media.................................................................................................................12
Research.....................................................................................................................13
Books and edited collections.......................................................................................13
Book chapters..............................................................................................................13
Journal articles.............................................................................................................13
Papers..........................................................................................................................13
Grants awarded............................................................................................................14
Ongoing grants.............................................................................................................14
Research consultancies...............................................................................................14
Other............................................................................................................................14
Teaching and supervision ........................................................................................15
Postgraduate units........................................................................................................15
Undergraduate.............................................................................................................15
PhD, SJD and LLM major thesis completions..............................................................15
PhD...............................................................................................................................15
SJD...............................................................................................................................16
Honours........................................................................................................................16
Masters by research.....................................................................................................16
LLB research................................................................................................................16
Our People.................................................................................................................17
Awards.........................................................................................................................17
Funding.........................................................................................................................18
Our supporters.............................................................................................................18
The Castan Centre is
unique in that it blends
the intellectual rigour of
human rights law and
brings human rights to
life in practical ways.
As a place of learning
and action, I have
had a long and warm
association with the
Centre.
– Jose Ramos Horta, President of Timor
About the Castan Centre
Since Michael Kirby AC CMG officially opened the Castan Centre for Human Rights Law in October
2000, our dedicated staff have strived to create a stronger culture of human rights in Australia. At the
Castan Centre we believe that human rights must be respected and protected, allowing people to
pursue their lives in freedom and with dignity. In our pursuit of a stronger human rights culture for
Australia, we work in six broad areas:
Public education, including numerous
public lectures, roundtables, conferences
and workshops featuring prominent
Australian and international human rights
figures, and an increasing social media
presence.
Policy, through submissions to
parliaments, direct representations to
governments and contributions to public
debates on important issues.
Student programs aimed at tertiary and
secondary students, including internship
programs, mooting competitions, and
careers seminars.
Research leading to the publication of
monographs, textbooks, handbooks and
practical guides on a variety of human
rights issues.
Teaching, through the oldest human rights
law masters degree in Australia, as well
as a thriving undergraduate human rights
program.
Human rights training and consultancies
aimed at educating Australian and
international government officials about
human rights.
About Ron Castan AM QC
Ron Castan was a passionate advocate for
the recognition and protection of human
rights and a distinguished member of the
Victorian Bar. He is best remembered for
his role as lead counsel on the landmark
Mabo case, which recognised native title
over land. Ron toiled on the case for over
10 years and, according to Greg McIntyre,
a lawyer who worked with Ron on the
matter, he ‘effectively under-wrote the
whole claim’.
Prior to the Mabo case, Ron worked
on the landmark Gove and Koowarta
land rights cases, and helped found the
Victorian Aboriginal Legal Service. His
commitment to human rights extended
beyond Indigenous issues. He was a
member of the Victorian Equal Opportunity
Commission and President of the Victorian
Council for Civil Liberties (now Liberty
Victoria). Ron led the campaign against
the Australia Card in the 1980s and was
a key player in negotiations over the Wik
native title legislation in the 1990s. He died
in 1999.
The Castan Centre
is a jewel in
the crown of
Australian law
– The Hon. Michael Kirby AC CMG,
former High Court judge
‘There was a sort of
a ruthlessness in Ron
Castan. A ruthlessness
on behalf of justice.’
– Thomas Kenneally AO
1
2014 in review
By Professor Sarah Joseph, Castan Centre Director
Monash University seeks to improve the
human condition by advancing knowledge
and fostering creativity. It does so through
research and education and a commitment to
social justice, human rights and a sustainable
environment.
– Monash University Statement of Purpose
In 2014 our annual conference once again
hosted over 300 attendees at the spacious
and light-filled Deakin Edge in Federation
Square. Our conference remains the
only annual human rights conference
in Australia, and is a vital fixture on the
Australian human rights calendar. As
always, the speakers were of a very high
standard, headlined by the Hon. Michael
Kirby AC CMG who had just finished as
Head of the UN Commission of Inquiry on
Alleged Human Rights Violations in the
Democratic People’s Republic of Korea,
and Jillian C. York, Director of International
Freedom of Expression at the US-based
Electronic Frontier Foundation. Jillian was
our inaugural Visiting Activist under a new
program generously funded by Maurice
Blackburn.
Running throughout the year, our vibrant
and challenging public education program
highlighted some of the most important
human rights issues, both here and around
the world, including digital surveillance,
hate speech laws, rights of persons with
disabilities and LGBTI rights. Our 2014
calendar was packed with public lectures
and forums, featuring 23 speakers across
12 events.
The Centre also contributes to public
debate through its policy work. Utilising the
Centre’s world-class expertise on human
rights, we provided advice to governments
and parliamentary committees on a wide
range of topics, including electoral reform,
migration law, detention of asylum seekers
and foreign fighters. Alongside this direct
engagement with government, the Centre
also helped inform public conversation by
engaging with Australian and international
TV, radio and print media. The Centre’s
media presence was augmented by its
innovative work on social media, which
saw significant increases in the Centre’s
Twitter and Facebook followers and rapid
growth in its YouTube content. Furthermore,
for the first time in 2014, we released an
annual temperature check on national and
international human rights, entitled the
‘Castan Centre Human Rights Report’.
As a university-based human rights centre,
nurturing students’ passion for human
rights and shaping tomorrow’s human
rights leaders is a vital part of what we do.
2014 was the year that our human rights
mooting competition went truly national,
with 16 teams from around the country
competing. Our leading Global Internship
Program again sent future human rights
leaders around the world, while on home
soil, we provided research opportunities
to passionate Monash Law students.
Three hundred ‘friends of human rights’
attended our 2014 fundraising Gala Dinner
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Let people be who they are: LGBTI
rights are human rights, Professor
Michael O’Flaherty, Director of the
Irish Centre for Human Rights at the
National University of Ireland
in October coming from all walks of life.
A highlight of the evening was the keynote
speech by the Australian Federal Race
Discrimination Commissioner, Dr Tim
Soutphommasane, on freedom.
The Castan Centre took a great leap into
the unknown in 2014, producing a series of
human rights videos called ‘Have You Got
That Right?’. The videos use humour to
answer important human rights questions
‘quickly, clearly and in a way that won’t
put you to sleep’, as the tagline goes.
The videos address important, engaging
issues such as ‘is there a right to marriage
equality?’ and ‘do I have a right to be free
from government surveillance?’.
In addition to our specific student
programs, Centre academics form the
backbone of the longest-running Masters
course in Australia devoted to human
rights law, as well as the rich offerings in
the area available at Monash University
at the undergraduate level. As ever, all of
the Centre’s work is underpinned by its
outstanding research capabilities, which
produced a large number of books, journal
articles, conference papers and research
consultancies on human rights in Australia
and overseas.
As the Centre continues to grow, we
look forward to further strengthening our
core work, and expanding to even wider
horizons in 2015.
Castan Centre programs
Public education
The Castan Centre provides one of the country’s premier public education
programs featuring Castan Centre academics and visiting experts from a
range of fields on vital human rights topics. We make our events accessible
to as many people as possible by making most events free-of-charge, ‘live
tweeting’ events and posting video, audio and papers online wherever
possible.
Public lectures
Our 2014 calendar was packed with public
lectures and forums, featuring 23 speakers
across 12 events. As always, the topics
covered a broad range of fascinating issues
and featured nine international guests
including Kenneth Roth, Executive Director
of Human Rights Watch and Professor
Michael O’Flaherty, Director of the Irish
Centre for Human Rights at the National
University of Ireland.
The 2014 public lectures were:
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Lecture – Shui Meng Ng, the wife
of Sombath Somphone, Enforced
Disappearances in Asia: the cast of
Sombath Somphone, 6 March 2014.
Panelists:
–– Andrew Beswick, Director of
Community Engagement for Amnesty
International Australia
–– Andrew Nette, Organiser of Shui
Meng’s visit to Australia
–– Moderator: Dr Adam McBeth,
Associate Professor, Faculty of Law,
Monash University, Deputy Director,
Castan Centre for Human Rights Law.
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Lecture – Kenneth Roth, Executive
Director of Human Rights Watch,
Surveillance and the Right to Privacy
in a Digital Age, 2 April 2014.
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Panel forum – A Special Castan Centre
Event: Freedom Forum, 9 April 2014.
Panelists:
–– Professor Sarah Joseph, Castan
Centre Director
–– Joe Caputo OAM JP, Chair of
Federation of Ethic Communities’
Councils of Australia
–– Professor Wendy Bacon, Professorial
Fellow at the Australian Centre for
Independent Journalism, UTS
–– Moderator: Damien Carrick, Presenter
of ABC Radio the Law Report
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Lecture – Kimberley Brownlee, Associate
Professor of Legal and Moral Philosophy
at the University of Warwick, Being
social: The human right against social
deprivation, 16 April 2014.
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Lecture – Professor Gavin Phillipson,
Chair in the Law at the University of
Durham, Hate speech laws: What they
should and shouldn’t try to do, 23 April
2014.
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Panel Forum – Afghanistan at a
crossroads, 16 May 2014.
Panelists:
–– Col Najibullah Samsour, Chief of Police
of District 10 in Kabul
–– Ms Zulaikha Rafiq, Director of the
Afghan Women’s Educational Centre
–– Mr Mohammad Sharif, Policy and
Advocacy Officer at Oxfam in
Afghanistan
–– Chaired by: Professor Jacqui True,
Associate Dean of Research (ARTS),
Monash University.
Lecture – Karima Bennoune, Professor
at the University of California, Your Fatwa
does not apply here: Untold stories from
the fight against Muslim fundamentalism,
28 May 2014.
Castan Centre for Human Rights Law/
King & Wood Mallesons Annual Lecture
– Professor Emeritus Ron McCallum AO,
‘Nothing About Us Without Us’: National
Responses to the CRPD Six Years On, 22
August 2014.
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Panel forum – Arthur, Martha and
everyone else: equality now for intersex,
trans and gender diverse people, 7
October 2014.
Panelist:
–– Tony Briffa, former mayor and current
vice president of Australia’s two
intersex advocacy groups.
–– Sally Goldner, Executive Director
TransGender Victoria and presenter
of 3 CR’s Out of the Pan
–– Kenton Penley Miller, Education
Consultant with VEOHRC.
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Panel Forum – Prison Overcrowding and
Human Rights, 6 November 2014.
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Panelist:
–– Deborah Glass OBE, the Victorian
Ombudsman
–– Dr Bronwyn Naylor, Associate
Professor in the Law Faculty at
Monash University
–– Dr Gideon Boas, Associate in the Law
Faculty at Monash University and a
Barrister at the Victorian Bar
Lecture – Professor Michael O’Flaherty,
Director of the Irish Centre for Human
Rights at the National University of
Ireland, a Holding Redlich Distinguished
Visiting Fellow, Let people be who they
are: LGBTI rights are human rights, 20
November 2014.
Symposium – Australia Achieving
Universal Birth Registration, 2 December
2014.
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A packed audience at our special
Freedom Forum
Kenneth Roth, Executive Director of
Human Rights Watch and Castan
Centre Director Professor Sarah
Joseph
Kimberley Brown asks, “Do we have a
right against social deprivation?”
Conference
In 2014 our annual conference once again
hosted over 300 attendees at Deakin Edge
in Federation Square. Our conference
remains the only annual human rights
conference in Australia, and is a vital fixture
on the Australian human rights calendar.
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Waleed Aly, Age Columnist, host of
Drive on ABC Radio National and
Lecturer in politics at Monash University,
‘The Australian Freedom Debate.
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Elaine Pearson, Australia Director at
Human Rights Watch, Shut out and shut
up: The Consequences of Australia’s
border protection polices.
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Professor George Williams AO,
Foundation Director of the Gilbert + Tobin
Centre of Public Law at the Faculty of
Law, University of New South Wales,
The High Court: the Constitution and
Human Rights.
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David Yarrow, Victorian Bar, The Australian
Way of Indigenous Consent.
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Dr Ronli Sifris, Monash University Law
School, Castan Centre Associate,
Reproductive Rights: Recent
Developments.
Speakers at the conference were:
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The Hon. Michael Kirby AC CMG, Chair of
the UN Commission of Inquiry on Alleged
Human Rights Violation in the Democratic
People’s Republic of Korea, Human
Rights abuses in North Korea.
Associate Professor Adam McBeth,
Castan Centre Deputy Director There Ain’t
no Votes in Aid: the Impact of the ‘New
Aid Paradigm’ on Human Rights.
Michael Kirby, fresh from presenting
the UN report of the commission
of inquiry into human rights abuses
in North
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Dr Cassandra Goldie, CEO of the
Australian Council of Social Services
(ACOSS) Addressing poverty and
inequality in Australia: Current social
policy challenges.
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Jillian C. York, Director of International
Freedom of Expression Electronic Frontier
Foundation, Internet Spying: The Impact
on Societies.
Castan Centre Director Professor
Sarah Joseph and Elaine Pearson,
Australian Director at Human
Rights Watch listen to Jillian C York,
Director for International Freedom of
Expression at the Electronic Frontier
Foundation
Special thanks go to the Conference
sponsors – Holding Redlich, Maurice
Blackburn Lawyers, Corrs Chambers
Westgarth Lawyers, Eureka Street, the
National Australia Bank, Cambridge
University Press and Online Opinion.
Waleed Aly captivated the audience
with his discussion of free speech
Comedian Claire Hooper was our host
for the evening
Guests enjoy pre-drinks on the deck
overlooking Albert Park Lake and the
Melbourne CBD skyline
Gala dinner
Have you got that right?
Three hundred friends of human rights
attended our 2014 fundraising Gala Dinner
coming from all walks of life, including
lawyers, academics, students and
representatives from the corporate and
community sectors.
The Castan Centre took a great leap into
the unknown in 2014, producing a series
of human rights videos using a combination
of live action and green screen animation.
A highlight of the evening was the keynote
speech by Dr Tim Soutphommasane, the
Australian Federal Race Discrimination
Commissioner. His speech focused on
the central theme of freedom — freedom
to express one’s identity, to live with
dignity, and to participate equally in
Australian society, free from bigotry and
discrimination.
The evening was also an opportunity to
give our supporters a sneak peak of the
‘Have you got that right?’ project.
Creative partners Jumbla have
created a visually arresting style
for our videos and website
Have You Got That Right? is an innovative
series of videos answering important
human rights questions “quickly, clearly and
in a way that won’t put you to sleep”. The
aim of the series is to put rights in context
by referring to topical issues rather than
simply trying to explain each human right.
So, instead of asking “what is the right
to non-discrimination?” we ask “is there
a right to marriage equality?” Instead of
asking “What is the right to privacy?”, we
are asking “do I have a right to be free from
government surveillance?”.
shooting gets underway with Actor
Matt Furlani in our Marriage Equality
episode
Dr. Tim Soutphommasane delivers the
keynote speech.
So far 10 videos have been produced and
are being released over 2014/2015 with
extra resources available for those who
wish to investigate further also available on
the website www.haveyougotthatright.com.
The next series of 10 videos is currently
in production.
The ‘Have you got that right?’ project
would not be possible without the generous
support of The Newman’s Own Foundation,
The Victoria Law Foundation, our creative
partners Jumbla, the Nordia Foundation,
the Monash Vice-Chancellor and
thousands of hours of pro-bono assistance
by industry professionals.
Actor Nicolette Minster and Creative
Director Robert Hall address the issue
of surveillance in an advertisement
for our new tongue in cheek product
‘Total Watch’
5
Student programs
As a university-based human rights centre, nurturing students’ passion
for human rights is a vital part of what we do. The Centre was founded by
academics who have devoted their careers to teaching human rights law,
and from the outset the Centre has sought to increase engagement with
students beyond the classroom.
Global Internship Program
In-house Internship Program
Native Title Internships
The 2014 program saw six students flying
off to leading human rights organisations
across the world, making a total of 64
interns since the program was introduced
in late 2005.
The Centre strives to give as many students
as possible an experience of working in
human rights policy and research through
our In-house Internship Program. Some
of the many projects the interns worked
on included preparing legal briefs for our
“Have you got that right?” video project,
research for submissions to Parliamentary
committees, drafting articles for the biannual newsletter and assisting at Centre
events.
As part of its collaboration with the Aurora
Project, the Castan Centre supports the
Aurora Native Title Internships, which
send university students from all over
Australia to native title representative
bodies, Indigenous policy bodies and
other organisations focusing on Indigenous
rights.
Interns receive a stipend to cover living
costs, insurance and airfares which offset
the vast majority of interns’ costs, thereby
making the program available to a wide
set of students. Interns also take part
in a cross-cultural training course prior
to departure and then blog about their
experiences while on assignment (see the
social media report in the policy section,
below).
The 2014 Global Interns were:
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Ruvini Leitan, Human Rights First, New
York City.
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Sally Harris, International Women’s
Rights Action Watch – Asia Pacific, Kuala
Lumpur and Geneva.
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Claerwen O’Hara, Center for
Constitutional Rights, New York City.
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Kelsey Paske, United National Special
Rapporteur on the Right to Health, Delhi.
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Isabella Royce, International Commission
of Jurists, Geneva.
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Chandni Dhingra, Bridges Across
Borders/Equitable Cambodia Phnom
Penh
We acknowledge the support of the 2014
Global Internship supporters: Daniel and
Danielle Besen, the Bennelong Foundation,
the Nordia Foundation, the Monash Law
Faculty’s Student Mobility Fund, and
MyriaD Consultants, which conducts
the pre-departure cross-cultural training.
Our 2014 In-House Interns were:
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Summer: Nathan Van Wees, Candice
Colman.
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Semester 1: Stephanie Sprott, Josephine
Langbien.
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Winter: Milli Allan, Nina Calleja, Georgia
Dobbyn.
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Semester 2 : Andrew Brooks, Tienyi
Long, Stephen Moore.
(Front L-R) Kelsey Paske, Chandni
Dhingra, Isabella Royce (Rear
L-R) Ruvini Leitan, Sally Harris,
Claerwen O’Hara)
The 2014 interns from Monash University
were Laura Henderson, Tali Rechtman,
Kate Lyle, Sean Mulchay, Cassandra Martin
and Shanti Fatchen (Winter 2014 intake);
and Margot Eliason, Louise Almeida,
Sophie Brown, Caitlin Murphy and Mark
Gilbert (Summer 2014/15 intake).
Human Rights Moot
Competition
The 2014 Human Rights Moot was our
biggest one yet, with the competition going
truly national for the first time. Sixteen
teams from eleven universities entered,
representing almost every Australian state
and territory. The preliminary rounds and
semi-finals were judged by Victorian Equal
Opportunity and Human Rights Committee
staff members, Clayton Utz lawyers
and barristers, including recently retired
Federal Court judge, Peter Gray, now an
Adjunct Professor at Monash University.
A distinguished bench presided over the
grand final comprising Justice Debbie
Mortimer of the Federal Court, VEOHRC
commissioner Kate Jenkins and Professor
Zifcak Spencer, Allan Myers Chair of Law at
ACU. After a fiercely competitive four days,
the team from Melbourne University were
victorious over the University of Tasmania.
The other semi-finalists were Monash
University and Bond University.
We acknowledge our moot sponsor,
Clayton Utz, which has generously
supported the competition since its
inception in 2007.
6
Policy
In 2014 the Centre utilised its world-class human rights expertise to influence
public debate and government policy by providing impartial and independent
views on important human rights issues to government, engaging regularly
with traditional and mainstream media, and continuing the Centre’s high
profile social media presence.
Submissions to parliamentary committees
Media
The Centre has a long history of influencing
parliamentary debate and securing
amendments to legislation and policy
through its submissions. The Centre’s
submissions in 2014 were:
By engaging with the media, the Centre
reaches a wider audience and can
influence and inform public debate on
human rights issues. The Centre’s media
engagement comprised 43 mentions,
which included:
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S. Kneebone, A. Dastyari, A.Fletcher,
M.O’Sullivan and T.Penovic, Submission
to the Senate Legal and Constitutional
Affairs Committee on the Migration
Amendment (Regaining Control over
Australia’s Protection Obligations) Bill
2013, January 2014.
A. Dastyari, M. O’Sullivan and T.Penovic,
Submission to the Australian Human
Rights Commission National Inquiry into
Children in Immigration Detention, April
2014.
A. Dastyari and T.Penovic, Submission
to the Legal and Constitutional Affairs
References Committee on the Inquiry into
the incident at the Manus Island Detention
Centre from 16 February to 18 February
2014, May 2014.
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P. Emerton and M. O’Sullivan, Submission
to the Senate Legal and Constitutional
Affairs Committee on the Inquiry into
the Migration and Maritime Powers
Legislation Amendment (Resolving the
Asylum Legacy Caseload) Bill 2014,
October 2014.
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P. Emerton, Submission to the
Parliamentary Joint Committee on
Intelligence and Security on the Inquiry
into the Counter – Terrorism Legislation
Amendment (Foreign Fighters) Bill 2014,
October 2014.
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M. O’Sullivan, Submission to the Legal
and Constitutional Affairs Legislation
Committee on the Inquiry into the
Guardian for Unaccompanied Children
Bill 2014, November 2014.
P. Gerber and M. Castan, Submission
to the Queensland Legal Affairs and
Community Safety Committee on the
Justice and Legislation Amendment Bill
2014, December 2014.
P. Emerton, Submission to the Senate
Legal and Constitutional Affairs
Committee on the Inquiry into the
Provisions of the Independent National
Security Legislation Monitor Repeal Bill
2014, May 2014.
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P. Gerber, Submission to the Senate
Legal and Constitutional Affairs
Legislation Committee regarding the
Inquiry into the Foreign Marriages Bill
2014, July 2014.
S. Joseph, Submission to the Legal
and Constitutional Affairs Legislation
Committee on the Inquiry into the
Migration Amendment (Protection and
Other Measures) Bill 2014, July 2014.
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This year’s moot problem saw
prisoner ‘Mark’ arguing that
Corrections Victoria had breached
the Victorian Charter of Human Rights
and Responsibilities Act
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P. Gerber, ‘Calls for national abolition of
gay sex conviction’, Radio interview with
ABC Radio’s PM program, 13 January
2014.
M. O’Sullivan, ‘The man who won’t be
questioned’, New Matilda, 16 January
2014.
A. Dastyari, ‘Explainer: the legal
implications of “tow-backs”’,
The Conversation, 20 January 2014.
A. Dastyari, ‘60th anniversary of refugee
convention’, Radio interview with SBS
World News Australia, 22 January 2014.
P. Gerber, ‘Children and human rights
abuses: coming to an international
stage?’, The Conversation, 30 January
2014.
P. Gerber, ‘More countries with antigay laws than first thought’, The Star
Observer, 7 February 2014.
P. Gerber, ‘Does Israel’s interrogation of
Palestinian boys violate human rights?’,
The Conversation, 11 February 2014
P. Gerber, ‘We should act on Uganda’s
oppression of gays’, The Drum, 18
February 2014.
S. Joseph, ‘Freedom: the government’s
inconsistent approach’, The Age, 8 April
2014.
S. Joseph, “The Biennale Boycott
Blues”, The Conversation 22 March 2014
S. Joseph, ‘Radio discussion’, Radio
National Outsiders, 6 April 2014.
P. Gerber, ‘Campaign for G20 action on
children labour’, Radio interview on SBS
World News Radio, 11 April 2014.
7
Social media
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8
P. Gerber and M. Castan, ‘Children’s
complaints to the UN could embarrass
Canberra but should be heard’, The Age,
20 April 2014.
A. Dastyari, ‘Asylum seekers: we can’t
ignore our international law obligations’,
The Conversation, 30 April 2014.
J. Kyriakakis, ‘Preventing another Rana
Plaza disaster’, ECU Daily, 4 May 2014.
P. Gerber, ‘Anti-gay preachers
increasingly target Pacific’, Radio New
Zealand International, 20 May 2014.
P. Gerber, ‘Dateline Pacific evening
edition’, Radio interview on Radio New
Zealand International, 20 May.
P. Gerber, ‘Many thousands of Australian
children have no ‘official’ identity’, ABC
Radio National, 9 June 2014.
P. Gerber, ‘US Imposes sanction on
Uganda gay laws’, Radio interview with
ABC Radio World Today, 20 June 2014.
A. Dastyari, ‘Handing over Tamils to the
state they fled breaks international law’,
The Conversation, 3 July 2014.
A. Dastyari, ‘Deterring and denying
asylum seekers in Australia’, CNN, 20
June 2014.
P. Gerber, ‘A Crime to be Gay in the
Majority of Commonwealth Countries’,
Pro Bono Australia’, 21 July 2014.
P. Gerber, ‘Australian rights groups says
Commonwealth has failed LGBTI people’,
Gay News Network, 22 July 2014.
P. Gerber, ‘Encourage, don’t isolate,
homophobic countries at Commonwealth
Games, say …’, Star Observer, 22 July
2014.
P. Gerber, ‘Should Australia legally
recognise same-sex marriages validly …’,
On Line Opinion, 23 July 2014.
P. Gerber, ‘Commonwealth Slammed
over LGBTI rights’, Gay New Zealand, 23
July 2014.
P. Gerber, ‘Australian LGBT group calls
for withdrawal from Commonwealth over
anti-gay laws’, PinkNews.co.uk, 24 July
2014.
P. Gerber, ‘Commonwealth could do with
a rub of the green’, Irish Examiner, 24 July
2014.
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P. Gerber, ‘LGBT Group Suggests
Australia to withdrawal from
Commonwealth’, RIA Novosti, 24 July
2014.
P. Gerber, ‘A Crime to be Gay in Majority
of the Commonwealth’, Jewish Business
News, 27 July 2014.
P. Gerber, ‘World Wide Wave on North
Korea: International law and world politics
getting in the way of basic human rights,
29 July 2014.
P. Gerber, ‘UN improves on LGBTI rights,
despite ignoring many violations’, Star
Observer, 18 August 2014.
P. Gerber, ‘Study suggests UN needs to
improve tracking of LGBTI human rights
abuses’, Gay News Network, 19 August
2014.
M. Castan, ‘Explainer what Indigenous
Constitutional recognition means’,
The Conversation.com, 18 September
2014.
M. O’Sullivan, ‘Explainer does
Cambodia Refugee deal comply with
the convention’, 30 September 2014.
P. Emerton, ‘Anti-Terrorism Laws’, Radio
Interview with ABC 10.00, 23. September
2014.
S. Joseph, ‘Swan Island protesters claim
they were hooded and stripped at ASIS
base’, ABC, 9 October 2014.
‘Is the government allowed to spy on us?’,
Gizmodo, 12 November 2014.
‘Have You Got That Right’, Australian
Video Series Can Tell You the Answer’
Global Voices, 3 November 2014 .
S. Joseph, ‘The Zone transcript:
Professor Sarah Joseph on human rights’,
The Age, 23 November 2014.
Castan Centre Launches Video Project:
‘Have You Got That Right’, LOTL
Magazine, 26 November 2014.
S. Joseph, ‘Reflections on a Dark Week’,
The Age, 19 December 2014.
As increasing numbers of people have
turned to social media for news and
views on myriad issues, the Centre has
increasingly used social media tools to
engage with the general public on human
rights. The Centre is committed to using
some of the most popular platforms
to further its goal of increasing public
education in the area of human rights. For
this reason, the Centre currently operates
the following:
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A Twitter page (twitter.com/castancentre),
which is a trusted source of the latest
news and opinion on human rights
issues. The Centre tweets an average of
29 links to human rights news, views and
reports each day.
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A Facebook page (facebook.com/
thecastancentre), which predominantly
publicises the Centre’s latest goings-on,
including upcoming events, blog posts
and media stories, policy papers and
parliamentary submissions.
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A YouTube channel, which hosts videos
of many of our public events, plus shorter
interviews conducted with human rights
experts.
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Two blog sites: the main site
(castancentre.com) carries opinion
pieces by Centre academics on
various issues while the secondary site
(castanglobalinterns.wordpress.com)
carries reports posted by the Centre’s
Global Interns when they are overseas
on assignment.
We believe that social media is a vital tool
for creating a stronger human rights culture
by engaging with our existing supporters
and reaching new audiences. Our plan is to
strongly expand our social media presence
in the coming years.
Relevant year-end statistics for social
media (with 2013 figures in brackets) were:
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6190 followers on Twitter (5,080).
3,588 followers on Facebook (3,068).
29,863 hits on its main blog site for the
year (31,638).
3,443 hits on its Global Interns blog site
for the year (6,262).
13,481 views on its YouTube site for the
year (6,992).
Centre staff produced the following posts
for the main blog site in 2014:
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M. Smith, ‘Queensland’s voter ID laws
likely to disenfranchise Indigenous
Australians’, 22 January 2014.
A. Dastyari, ‘Explainer: the legal
implications of ‘tow-backs’’, January
2014.
P. Gerber, “Children and human rights
abuses: coming to an international stage’,
30 January 2014.
J. Kyriakakis, ‘Too big to be sued? US
Supreme Court further limits corporate
human rights litigation’, 3 February 2014.
P. Gerber, ‘We should act on Uganda’s
oppression of gays’, 19 February 2014.
P. Gerber, ‘LGBTI Rights and the UN –
where to from here?’, 28 February 2014.
S. Joseph, ‘The Biennale Boycott Blues’,
21 March 2014.
S. Joseph, ‘Rights to bigotry and green
lights to green lights to hate’, 28 March
2014.
A. Dastyari, ‘Why refuges need legal aid’,
7 April 2014.
P. Gerber, ‘Should the west be held
accountable for gay persecution?’,
8 April 2014.
S. Joseph, ‘Freedom: the government’s
inconsistent approach’, 10 April 2014.
P. Emerton, ‘Why Tim Wilson is wrong
about “n_________”, 10 April 2014.
P. Gerber and M. Castan, ‘Is the
Australian government scared of
children?’, 25 April 2014.
S. Joseph, ‘2014 Castan Human Rights
Report: The “freedom” debate, 28 April
2014.
McBeth, ‘2014 Castan Human Rights
Report: Human rights in need of aid’,
29 April 2014.
J. Kyriakakis, ‘2014 Castan Human
Rights Report: Corporations now less
accountable’, 30 April 2014.
P. Emerton, ‘2014 Castan Human Rights
Report: ASIO’s human rights problem,
1 May 2014.
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A. Dastyari, ‘Asylum seekers: we can’t
ignore our international law obligations’,
1 May 2014.
P. Gerber, ‘2014 Castan Human Rights
Report: LGBTI around the world,
A rollercoaster ride!’, 2 May 2014.
A. Dastyari, ‘2014 Castan Human Rights
Report: Asylum seekers punished more
every year’, 5 May 2014.
M. O’Sullivan, ‘2014 Castan Human
Rights Report: Protecting asylum seekers’
core rights’, 6 May 2014.
B. Naylor, ‘2014 Castan Human Rights
Report: Australia’s growing prisons crisis’,
7 May 2014.
J. Debeljak, B. Naylor and A. Mackay
‘2014 Castan Human Rights Report:
Human Rights in ‘closed’ environments,
8 May 2014.
R. Sifris, ‘2014 Castan Human Rights
Report: Reproductive rights still under
threat’, 9 May 2014.
H. Askola, ‘2014 Castan Human Rights
Report: Gender-based violence – beyond
the first 20 years’, 12 May 2014.
M. Castan and S. Gray, ‘2014 Castan
Human Rights Report: Indigenous rights
– hastening too slowly’, 13 May 2014.
P. Gerber, ‘IDAHO Day Post: Why the
Pacific islands are no gay paradise’,
16 May 2014.
P. Gerber, ‘As region’s homophobia turns
deadly, let’s stand up for rights’, 3 June
2014.
A. Dastyari, ‘Deterring and denying
asylum seekers in Australia’, 25 June
2014.
M. Castan, ‘Freeing the RDA ‘Free
Speech’ submissions’, 26 June 2014
S. Kneebone, ‘Child workers in Vietnam
face further exploitation’, 27 June 2014.
A. Dastyari, ‘Handing over Tamils to the
state they fled breaks international law’,
4 July 2014.
M. O’Sullivan, ‘Preventing asylum seeker’s
return to harm through the High Court’,
8 July 2014.
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P. Emerton, ‘The High Court’s Sri Lanka
asylum seeker case: the legal issues’,
9 July 2014.
P. Gerber, ‘Ian Thorpe came out, but in in
Australia – a wise decision’, 14 July 2014.
P. Gerber, ‘Commonwealth Games: is it
time to stop playing?’, 22 July 2014.
P. Gerber, ‘Should Australia legally
recognise same-sex marriages validly
performed overseas?, 28 July 2014.
P. Emerton, ‘The High Court reminds
us that immigration detention is not
simply at the government’s pleasure’,
15 September 2014.
M. O’Sullivan, ‘Explainer: Does
Cambodia refugee deal comply with the
convention?’, 1 October 2014.
P. Gerber, ‘Expunging convictions for
gay sex: an old wrong is finally righted’,
17 October 2014.
P. Gerber, ‘Protecting the rights of LGBTI
people: are things getting better or
worse?’, 28 October 2014.
S. Joseph, ‘Have You Got That Right?’,
28 October 2014.
M. O’Sullivan, ‘Questioning the queue:
blocking protection to asylum seekers
in Indonesia’, 19 November 2014.
B. Naylor, ‘Prisons, overcrowding and
human rights’, 24 November 2014.
M. Smith, ‘Four reasons why the CIA
torture program should never have
happened’, 12 December 2014.
Kenneth Roth, Executive Director
or Human Rights Watch, with
Sarah Joseph
9
Research
Much of the work produced by the Castan Centre is underpinned by its
outstanding research capabilities. The Centre’s Director, five Deputy Directors
and nine Associates produce research leading to books, journal articles, and
conference papers.
Publications by Centre staff in 2014 were:
■■
Paula Gerber ‘Commentary on JM v QFG
& GK’ in Heather Douglas, Francesca
Bartlett, Trish Luker and Rosemary
Hunter (eds) Australian Feminist
Judgements: Righting and Rewriting
Law (2014) Hart Publishers 391-396.
■■
B. Naylor, ‘Unconscionability, Education
and Indigenous Women: ACCC v Keshow
‘in Heather Douglas et al (eds) Australian
Feminist Judgments: Righting and
Rewriting Law Hart Publishing, Oxford
UK, 2014, 175-179
■■
S. Joseph, ‘Global Media Coverage of the
Universal Periodic Review (UPR) Process’,
in Hilary Charlesworth and Emma Larking
(eds), Assessing the Universal Periodic
Review (CUP, Cambridge, 2014), 147-166
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A McBeth, ‘What do Human Rights
Require of the Global Economy?’, in D
Reidy & C Holder (eds), Human Rights:
The Hard Questions, (2013, Cambridge
University Press, UK)
M. O’Sullivan, ‘Identifying AsylumSeekers as Potential Refugees: Transfers
and ‘Acquired Rights’ under the Refugee
Convention’ in S. Kneebone et al (eds),
Refugee Protection and the Role of Law:
Conflicting Identities (Routledge, 2014)
Books and edited collections
■■
J. Debeljak, B. Naylor and A. Mackay
(eds), Human Rights in Closed
Environment (Federation Press,
Law in Context, 2014)
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T. Anthony, P. Crofts, T. Crofts, S.
Gray, A. Loughnan, B. Naylor, Waller &
Williams Criminal Law, Text and Cases,
12th edition, Lexis Nexis Butterworths,
Sydney, 2013 (1031 pages).
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S. Joseph and M. Castan, “Federal
Constitutional Law, A Contemporary
View” (2014)
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Bronwyn Naylor, Julie Debeljak and Anita
Mackay (eds), Human Rights in Closed
Environment (Federation Press, 2014)
R. Sifris, Reproductive Freedom,
Torture and International Human Rights:
Challenging the Masculinisation of Torture
(Routledge, 2014)
Book chapters
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10
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H. Askola, ‘Article 5 - Prohibition of
Slavery and Forced Labour’, in Steve
Peers, Tamara Hervey, Jeff Kenner and
Angela Ward (eds), The EU Charter of
Fundamental Rights: A Commentary
(2014, Hart Publishing, Oxford UK)
G. Boas, “Slow poison: joinder and the
death of Milosevic, in The Milosevic Trial:
An Autopsy”, eds Timothy William Waters
(OUP, New York USA, 2014) pp. 106-119.
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J. Debeljak, B. Naylor and A. Mackay,
‘Foreword’ in Bronwyn Naylor, Julie
Debeljak and Anita Mackay, (eds), Human
Rights in Closed Environment (Federation
Press, Law in Context, 2014)
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P. Emerton and T. Handfield, T.,
‘Understanding the political defensive
privilege’ in C. Fabre and S. Lazar (eds),
The Morality of Defensive War (OUP, UK).
■■
A McBeth, ‘The Shift Towards Emerging
Economy Financing of Development
Projects: Implications for Human Rights
Standards’, in R Maguire & B Lewis
(eds),Shifting Global Powers: Challenges
and Opportunities for International Law,
(2013, Routledge, UK)
B. Naylor, ‘Human Rights and Respect
in Prisons: the Prisoners’ Perspective’
in Protecting Human Rights in Closed
Environments Law in Context, Federation
Press (2014)
■■
B. Naylor, ‘Human Rights and People with
Disabilities in Closed Environments’ (with
P. Frawley) in Protecting Human Rights
in Closed Environments Law in Context,
Federation Press (2014)
■■
B. Naylor, ‘Gender, Offending and Mental
Disorder’ in P. Taylor, K. Corteen and S.
Morley.(Eds) A Companion to Criminal
Justice, Mental Health and Risk (Bristol,
UK: The Policy Press, Oct 2014).
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B. Naylor, ‘Prisoner/Patient: Prisons as
Mental Health Institutions’ in Eoin Carroll
and Kevin Walker (eds) Reimagining
Imprisonment in Europe (The Liffey Press,
Dublin 2014) pp195-216.
Journal articles
■■
M. Castan, “Achieving universal birth
registration for Indigenous Australians:
recommendations from the Victorian
Law Reform Commission” (2014) v 8 (14)
Indigenous Law Bulletin 11 – 14
■■
M. Castan, ‘The recognition of indigenous
Australians in the teaching of Federal
Constitutional law, 2014, JALTA pp. 87-99
■■
Azadeh Dastyari, ‘Book Review: The
Liberty of Non-citizens: Indefinite
Detention in Commonwealth Countries,
Rayner Thwaites’, 21 Australian Journal of
Administrative Law230, 2014
■■
M. Davison and P. Emerton, Rights,
privileges, legitimate interests, and
justifiability: Article 20 of TRIPS and plain
packaging of tobacco, 29(3), American
University International Law Review, 505580, 2014.
■■
Julie Debeljak, ‘Proportionality,
Rights-Consistent Interpretation and
Declarations under the Victorian Charter
of Human Rights and Responsibilities: the
Momcilovic Litigation and Beyond’ (2014)
40(2) Monash University Law Review
340-388
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J. Debeljak, ‘The Impact of Charter
Jurisprudence on Human Rights in
Prisons’ [2014] 2 Judicial College of
Victoria Online Journal 153-165
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Julie Debeljak, ‘Proportionality,
Rights-Consistent Interpretation and
Declarations under the Victorian Charter
of Human Rights and Responsibilities: the
Momcilovic Litigation and Beyond’ (2014)
40(2) Monash University Law Review
340-388.
P. Emerton, Naturalising natural law?
Reflections on Martin Krygier’s Philip
Selznick: Ideals in the World and Kristen
Rundle’s Forms Liberate: Reclaiming
the Jurisprudence of Lon L Fuller, (39),
Australian Journal of Legal Philosophy
161-175, 2014
■■
P. Gerber, ‘Living a life of crime: The
ongoing criminalisation of Homosexuality
within the Commonwealth’ (2014) 39(2)
Alternative Law Journal 78
■■
P. Gerber and J. Gory, ‘The UN Human
Rights Committee and LGBT Rights:
What is it doing? What could it be
doing?’, 14 Human Rights Law Review
(2014)
■■
J. Kyriakakis, ‘Rene Provost and Payam
Akhavan: Confronting Genocide’ (2014)
Criminal Law and Philosophy 1-8 (13 April
2014)
■■
B. Naylor, ‘Australia’s growing prisons
crisis’, The Castan Centre Human Rights
Report, 2014
■■
B. Naylor, J. Debeljak and A. Mackay,
‘Introduction: Implementing Human
Rights in Closed Environments’ in
Bronwyn Naylor, Julie Debeljak and Anita
Mackay, (eds), Human Rights in Closed
Environment (Federation Press, 2014)
■■
M. O’Sullivan, Before the High Court:
Minister for Immigration and Border
Protection v SZSCA: Should Asylum
Seekers Modify their Conduct to Avoid
Persecution?’ 36(3), Sydney Law Review
541-556, 2014
■■
T. Penovic, Privatised immigration
detention services: challenges and
opportunities for implementing human
rights, 30(2) Law in Context Human
Rights in Closed Environments edited by
Bronwyn Naylor, Julie Debeljak and Anita
Macakay, 2014
■■
Paula Gerber, Kristine Tay and Adiva Sifris
‘Marriage: A human right for all?’ (2014)
36 Sydney Law Review 381-405.
■■
Paula Gerber & Melissa Castan ‘Achieving
universal birth registration for Indigenous
Australians: Recommendations from the
Victorian Law Reform Commission’ (2014)
8(14) Indigenous Law Bulletin.
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Paula Gerber and Farinaz Zamani Ashni,
‘Burqa: Human Right or Human Wrong?’
(2014) 39(4) Alternative Law Journal
231-234.
■■
H. Askola, ‘Gender, Family Migration
Rules and Caring for Ageing Relatives’,
International Conference Gender and the
Law: Limits, Contestations and Beyond,
Izmir, Turkey, 5 June 2014.
■■
S. Gray and A. Dao, ‘Imprisoned for
shirts, sex and a Mont Blanc pen:
the corruption case of Singapore
legal academic Tey Tsun Hang’, 15 (1)
Australian Journal of Asian Law 202-3, ,
2014
■■
M. Castan and M. de Zwart, ‘Law
graduates in the age of disruptive
technologies’, ALTA, Bond University, Qld,
11 July 2014
■■
M. Castan and K. Galloway, ‘A feminist
reimagining of legal professional culture’,
ALTA, Bond University, Qld, 12 July 2014
■■
M. Castan, The Case for a transformative
feminist curriculum in Legal Education
Friday 3 October 2014, AWE Conference,
Brisbane, Qld
■■
A. Dastyari, ‘US Migrant Interdiction
Program and the Legacy of Sale in the
United States’ Paper presented at The
Globalization of High Seas Interdiction:
Sale’s Legacy and Beyond, Yale Law
School, United States, 8 March 2014
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S. Joseph, ‘The Fiasco of FIFA’,
Alternative Law Journal, Volume 39, no. 3,
November 2014
J. Debeljak, ‘The Impact of Charter
jurisprudence of Human Rights in Closed
Environments’ (Presented at Human
Rights in Victoria under the Charter: The
Development of Human Rights Law in
Victoria, Co-convened by the Supreme
Court of Victoria, Faculty of Law Monash
University, the Judicial College of Victoria
and the Victorian Law Foundation,
Melbourne, 7-8 August 2014
■■
P. Emerton, The problem of ‘composition’
in legal reasoning, Australian Society of
Legal Philosophy Conference, Murdoch
University, Perth, July 2014.
■■
S. Gray, ‘Catspaw for a body-snatcher?:
the criminal law and nineteeth-century
treatment of Aboriginal human remains’,
paper presented at Sydney Institute of
Criminology Criminal Law workshop,
University of Sydney, 14 February 2014
■■
S. Joseph, “Freedom of speech in
Australia”, EDO CPD Seminar, DLA Piper,
17 March 2014
■■
S. Joseph, “Australia’s Freedom Debate”,
University of Tasmania, 28 March 2014
■■
S. Joseph, “Tintin and the right of selfdetermination”, ANZSIL conference, ANU
Canberra, 4 July 2014
■■
R Joyce, ‘Walter Benjamin and the
Messianic Promise of International Law’,
at the Law and Contemporary Theory
Working Group, Department of Rhetoric,
University of California Berkeley (26
September 2014) and at the Institute for
International Law and the Humanities,
Melbourne Law School (9 October 2014).
■■
R Joyce, ‘A Certain Sovereignty’, Keynote
Address at the Melbourne Doctoral
Forum on Legal Theory, Melbourne Law
School, 1-2 December 2014.
■■
R Joyce, ‘Self-Determination and
Collectives’ Annual Conference of the
Australasian Society of Continental
Philosophy, held at the Australian Catholic
University, Melbourne, 4-6 December
2014.
■■
R Joyce, ‘Future and Critique’, Working
with Law: Critical Futures Workshop,
Institute for International Law and the
Humanities, Melbourne Law School, 9-10
December 2014.
■■
J. Kyriakakis, ‘Business and Conflict: is
there a Role for International Criminal
Law’, hosted by the Australian Red Cross,
NSW Law Week 2014, Marque Lawyers,
Sydney, 15 May 2014
Papers
S. Joseph, ‘Arts boycotts: the
Controversy over the Nineteenth Biennale
of Sydney’, Manifesta 18, November 2014
Richard Joyce, ‘Law’s Outside: A reading
of “Non-Legality in International Law”’,
(2014) 27 Leiden Journal of International
Law 947.
R. Sifris, ‘Threats to Victoria’s Abortion
Laws’, 39 (2), Alternative Law Journal 142,
2014
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11
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12
A. McBeth, ‘All Care, No Responsibility:
The Current State of Extraterritorial
Human Rights Obligations’, Australian
and New Zealand Society of International
Law Conference, Australian National
University, Canberra, July 2014
B. Naylor, Official Response Mechanisms:
a Critique of the Public Inquiry Model in
Ireland, the UK and Australia’ Anne-Marie
McAlinden (Queen’s University Belfast)
and Bronwyn Naylor (Monash University
Australia) Workshop on Sexual abuse in
the church and other institutional settings,
International Institute for the Sociology of
Law Onati Spain, 10 April 2014
B. Naylor, ‘Parental physical punishment
of children: necessary discipline or
human rights violation?’, Monash Prato
Public Lecture, 6 May 2014
B. Naylor, Catherine Flynn and Paula
Fernandez Arias, ‘Children as victims
of justice: children of offenders at their
parents’ arrest, bail and sentencing’,
Australian and New Zealand Society
of Criminology Conference, Sydney,
October 2014
B. Naylor, ‘Family Violence and Defences
to Homicide’, International Criminal Law
Congress, 8-12 October 2014
M. O’Sullivan, ‘UNHCR as Amicus Curiae
before the European Court of Justice’,
Access to Asylum: Current Challenges
and Future Directions, Monash Prato
Centre, May 2014
M. O’Sullivan, Amnesty International CBD
Chapter, Presentation: Australia refugee
law and policy, May 2014
■■
M. O’Sullivan, ‘The Ethics of BurdenSharing through Resettlement: Australia
in the Asia-Pacific Region’ Workshop
on Comparative regional protection
frameworks for refugees: Norms and
norm entrepreneurs, Refugee Law
Initiative, University of London, November
2013 (*invited speaker)
■■
T. Penovic, ‘Queue jumpers’ and the
deviant ‘other’, paper delivered on 15
November 2014 at ‘Australia and its
others: Fear and politics in a multicultural
nation’, RMIT University, 15 November
2014
■■
T. Penovic, Outsourcing protection:
Australia’s bilateral arrangements for
asylum seeker transfer in the Asia Pacific,
presented at a public forum sponsored
by the Croatian Centre for Peace Studies
and the Ivo Pilar Institute of Social
Sciences, entitled ‘The politics of asylum
law in Australia and the European Union’
held at Bogdan Ogrizović Library, Zagreb,
Croatia.
■■
T. Penovic, Offshore and Outsourced:
shifting responsibility for the management
of asylum seekers, presented at ‘Access
to Asylum: Current Challenges and Future
Directions’, Monash University Prato
Centre, 29 May 2014.
■■
T. Penovic, Reflections on teaching,
drawing on Pushkin presented at the
2014 Civil Justice Research and Teaching
Conference, University of Tasmania
Faculty of Law, 18 February 2014
■■
R. Sifris, In Conversation with Kim
Rubenstein, Professor and Director of the
Centre for International and Public Law
at the Australian National University’s
College of Law, Canberra, August 2014,
(Gender and the International Prohibition
of Torture)
■■
R. Sifris, Castan Centre for Human Rights
Law’s annual conference (Melbourne,
July 2014) (Reproductive Rights: Recent
Developments)
■■
R. Sifris, La Trobe University, Faculty
of Law (Melbourne, May 2014)
(Reproductive Freedom, Torture and
International Human Rights)
■■
R. Sifris, Monash University, Health
Technoscience and the Human Body:
Socio-Legal Perspectives (Melbourne,
February 2014) (Women’s Reproductive
Rights)
Grants awarded
■■
J. Debeljak and R. Joyce, Australian
Research Council Linkage Infrastructure
Equipment and Facilities Grant, entitled
The International Law Library on World II:
New content and facilities for the leading
repository and citatory for international
law, 2014-2015. The Grant is awarded
with lead Chief Investigators Profs
Andrew Mowbray and Graeme Greenleaf,
and 17 fellow Chief Investigators. The
administering organisation is University
of Technology, Sydney, and the nine
Partner Organisations are UoM, UNSW,
Uos, UWA, Bond, UWS, UoQ, ANU and
Monash. The Grant is worth just over
$650,000, with $284,000 contribution
from the ARC.
Ongoing grants
■■
M. Castan with Moira Peterson,
Management of Documentary Evidence
of Sexual Abuse Project – Royal
Commission into Institutional Responses
to Child Sexual Abuse November 2014 –
June 2015
■■
P. Emerton, Australian Research Council
Discovery Grant, ‘Construing Statutes:
The Interaction between a Statute’s
Linguistic Content and Principles of
Statutory Interpretation’, $258,000 over
2014–16 (with Professor J. Goldsworthy,
Professor T. Campbell, Dr D. Smith,
Professor M. Greenberg).
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P. Gerber and M. Castan, ARC Linkage
on Indigenous Birth registration. 20122014
■■
B. Naylor, Monash-Warwick Alliance Seed
Fund: ‘Access to Justice: A comparative
Analysis of cuts to the civil and criminal
Legal-Aid systems in England, Wales
and Victoria’ (with Dr Asher Flynn, Prof
Arie Freiberg and Prof Jude McCulloc
(Monash) and Prof. Jacqueline Hodgson
(Warwick) A$13,398.00 (Monash) and
£7,165.00 (Warwick). Legal Services
Board (Victoria) (with Dr Kirkwood, Dr
Danielle Tyson and Many McKenzie)
‘Improving Legal Responses to Domestic
Homicides: A study of Homicides in
Victoria 2005-2014’ ($140,000
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B.Naylor, Criminology Research Grants:
‘Community-Based, Victim-Centred
Restorative Justice for Sexual Violence
– A Pilot’ (with Ass/Prof Bebe Loff, Prof
Rory Wolfe and Ms Carolyn Worth)
($50,000)
Research consultancies
■■
S. Joseph, Oxford University Press,
Oxford Reports in International Law,
headnotes and commentary for all
decisions of UN Human Rights treaty
monitoring bodies, $100,000+, ongoing.
Other
■■
P. Gerber, Victorian Civil and
Administrative Tribunal Award ‘In
recognition of outstanding contribution
as an author and to the community of
Victoria’ (2014)
■■
S. Joseph, SACS Leadership Award,
2014.
13
Teaching and supervision
Monash University operates the longest-running Masters course in Australia
devoted to human rights law, in addition to its rich offerings in the area at
the undergraduate level. Since the establishment of the Castan Centre in
2000, student interest in human rights has markedly increased. At the same
time, the number of human rights academics employed in the Monash Law
Faculty has continued to grow, allowing the Faculty to increase the range of
units on offer.
In 2014 the following units were offered.
Doctoral Theses
PhD
Postgraduate units
In addition to formal teaching, Centre
academics supervise postgraduate
students undertaking their degree by
research. Students may undertake a LLM
by research instead of coursework. At
the doctoral level, candidates have two
options: the SJD, for which students must
complete four postgraduate subjects
and write a 50,000 word thesis, and the
PhD, for which students must complete a
100,000 word thesis.
■■
Olivia Ball, All the way to the UN: Is
petitioning a UN human rights treaty-body
worthwhile? (P. Gerber) (completed)
■■
Bronwyn Bartal, Rights of the pregnant
woman and the role of the ‘born alive’
rule in the maintenance of those rights (B.
Naylor)
■■
Jeremy Bracka, Between Myopia and
Utopia: The Applicability of Transitional
Justice to Israel/Palestine (S Joseph with
J Kyriakakis)
■■
Narumon Changboonmee, The role of
human rights to protect children on the
move to Thailand (S. Kneebone)
■■
Bruce Chen, Interpretive Provisions under
Statutory Bills of Rights in Australia, the
Principle of Legality and the Presumption
of Consistency: Comparisons, Contrasts
and Interrelationships (J. Debeljak and J.
Goldsworthy)
■■
Judith Courtin, Mediation and Child
Sexual Assault Perpetrated by Catholic
Clergy: A Procedurally Just Process or a
Panacea? (B. Naylor)
■■
Azadeh Dastyari, Out of sight, out
of right?: the United States’ Migrant
Interdiction Program in international
waters and Guantanamo Bay, Cuba
(A. McBeth with P. Emerton and S.
Kneebone) (completed)
■■
A. Fletcher, Human Rights Scrutiny in the
Australian Parliament, (S. Joseph with J.
Debeljak))
■■
Sina Etezazian, Ambiguities regarding
the prerequisites for the exercise of selfdefence (G. Boas)
■■
Piers Gooding, Supported decisionmaking and mental health law, (B.
McSherry and R. Sifris)
■■
Overview of International Human Rights,
(offered three times a year) H. Askola,
■■
Human rights advocacy: Australian law
and practice, K. Eastman
■■
International refugee law and human
rights, S. Kneebone
■■
Protecting the rights of minorities,
marginalised and vulnerable people, P.
Gerber
■■
Human rights in the global economy, A.
McBeth
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Victims, law and mass atrocity, M. Drumbl
■■
Children’s rights in international law, K.
Eastman
■■
Indigenous rights and international law,
M. Castan
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International Criminal Justice, G. Boas
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International humanitarian law, D. Mori
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International covenant on civil and political
rights, S. Joseph.
Undergraduate
14
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Advance Professional Practice (Human
Rights),R. Hyams(Semester 1) and A.
Evans (Semester 2)
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Comparative Perspectives on Crime and
Punishment, B.Naylor
■■
International Human Rights Law, A.
McBeth
■■
International law, R. Joyce
■■
International criminal law, J. Kyriakakis
■■
Law, Gender and Feminism, J.
Richardson
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Law and Social Theory, P. Emerton.
Research students generally develop
outstanding levels of knowledge in
their chosen field and often progress to
academia, or work in fields related to their
study. For these reasons, we consider
nurturing research students to be a vital
contribution to human rights scholarship
and practice. Candidates for the various
research degrees in 2014 were:
SJD
Rod Hagen, Unregistered and Invisible:
An Examination of Indigenous Birth
Certification and Registration in Australia
(M. Castan with L. Russell)
■■
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Brendan Loizou, Aboriginal People &
Access to Justice: Are their rights being
protected? (M. Castan with L. Russell)
■■
■■
Anita MacKay, Prerequisites for achieving
international human rights compliance
in Australian prisons’ (B. Naylor with J.
Debeljak)
Maria Tanyag, ‘Sexual and reproductive
violence in the Phillippines: A feminist
political economy analysis’ (Jacquie True
and Ronli Sifris)
■■
Noel Villaroman, The intersection of the
human right to religious freedom and
planning laws Building God’s Temple:
Planning Regulations, Places of Worship
and Religious Freedom in Australia (P.
Gerber) (completed)
■■
■■
■■
■■
■■
Sarah McHutchinson, Improving patient
participation in decision making pursuant
to mental health legislation in Victoria,
Australia, (B. McSherry and R. Sifris)
Reyvi Marinas, Hannah Arendt’s
contribution to thinking about non-citizens
in law and politics (S. Kneebone and M.
Janover)
Shireen Morris, Indigenous recognition,
reconciliation and the case for moving
beyond `race?: to what extent should
Australia embed the principle of equality
before the law in the Constitution, law
and public policy?, (M. Castan and P.
Emerton)
Ferry Murdiansiay, Silent political
intrusions to the Rome Statute of ICC:
Major threat that may impede Indonesia?,
(G. Boas)
■■
Jayani Nadarajalingham, Theorising
collective resistance (P. Emerton with D.
Smith and T. Handfield)
■■
Katie O’Bryan, A comparative legal
analysis of the rights of Indigenous
communities in Australia and other
common law countries such as Canada,
New Zealand and the USA to manage
water, including an analysis of the
international legal framework in which
they exist (M. Castan) (completed)
■■
Len O’Neill, Anarchism and the Liberal
Criminal Justice System, (P. Emerton)
■■
Frances Simmons, Questions of fact and
degree: a study of slavery and people
trafficking prosecutions in Australia, (S.
Gray and S. Kneebone)
■■
Natalie Stroud, The Koori Court of
Victoria: An answer to cultural and
language disadvantage for indigenous
offenders in the criminal justice system?
(M. Castan with K. Burridge)
Amber Tan, A Critical Evaluation of
Reforms to National Security Laws &
Significance to Constitutionalism, (HP Lee
and S. Gray)
■■
Jamie Walvisch, Sentencing Offenders
With Mental Illnesses: A Principled
Approach (P. Emerton with B. McSherry).
■■
Hiruy Wubie, Counter Terrorism and
Human Rights Protection in Ethopia (S
Joseph with J Kyriakakis).
■■
Caroline Aebersold, Investment Law and
Human Rights Law (S. Joseph)
■■
Lyn Coulson Barr, Conciliation and
disability: Assessing capacity and
adapting processes to promote
participation of people with cognitive
impairments in statutory conciliation (B.
Naylor)
■■
Mark Gumbleton, Towards the Abolition
of the Doctrine of Extended Common
Purpose (S. Gray)
■■
Elizabeth King, From Milosevic to
Guantanamo Bay, an examination of
the construction of the due process
norm in the enforcement of International
Humanitarian Law (G. Boas)
■■
Linda Kirk, A rule of law model for
protection status determination by the
Refugee Review Tribunal, (S. Kneebone
and M. Groves)
■■
Lisa Lee, Women, war and gender-based
violence: Protections in international
humanitarian law and prosecutions in
international criminal justice (G. Boas)
■■
Mark Morley, International law, Islamic
jurisprudence and the Constitution of
Pakistan (S. Joseph)
■■
Athena Nguyen, United States
Peacekeepers and Sexual Exploitation (S.
Kneebone and S. Joseph) (completed)
■■
Samantha Renwick, Sentencing
defensive homicide, (B. Naylor with J.
Clough)
■■
Robin Smith, Finding the State’s Soul:
Determining a State’s Genocidal Intent
(G. Boas)
■■
Aderajew Teshome, Ethiopia’s Response
to Human Trafficking: Towards Effective
Criminalisation and Protection (S.
Kneebone).
15
Our people
The Castan Centre is part of the Law Faculty at Monash University.
The Centre is governed by the director and deputy directors, who are all
senior faculty members with teaching and research expertise in human
rights. Centre Associates are Faculty members who are recognised for their
role in assisting the Centre. Day to day operations are carried out by the
director and the administrative staff.
Director
Administrative Staff
Professor Sarah Joseph Director
Marius Smith – Manager
Deputy Directors
Sarah Austin – Project Officer
Ms Melissa Castan
Janice Hugo – Administrator (maternity
leave)
Dr Julie Debeljak
Dr Paula Gerber
Dr Bronwyn Naylor
Dr Adam McBeth
Dr Tania Penovic
Associates (faculty staff)
Dr Heli Askola
Dr Gideon Boas
Dr Azadeh Dastyari
Dr Patrick Emerton
Dr Stephen Gray
Dr Richard Joyce (New appointee from
August)
Dr Joanna Kyriakakis
Dr Maria O’Sullivan
Dr Ronli Sifris
Associates (external)
Dr David Yarrow
Chris Sidoti
Simone Heane – Administrator from May
2014
Patron
The Hon Michael Kirby AC CMG
Academic Advisory Board
Professor Philip Alston, New York University
School of Law
Patrick Dodson, Lingiari Foundation Inc
Elizabeth Evatt, former member, UN Human
Rights Committee; Chair of Board for
Public Interest Advocacy Centre, Sydney
Professor Claudio Grossman, Chair, UN
Committee against Torture (also Dean,
Washington College of Law, American
University)
The Hon Judge Felicity Hampel, County
Court of Victoria
Professor Christof Heyns, UN Special
Rapporteur on extrajudicial, summary or
arbitrary executions, University of Pretoria,
South Africa
Professor Ivan Shearer, former member,
UN Human Rights Committee; Emeritus
Professor, University of Sydney
Judge Christie Weeramantry, retired,
International Court of Justice, founder,
Weeramantry International Centre for
Peace, Education and Research, Sri Lanka
16
MEMBERS
4430
AS AT
31 DECEMBER 2014
Funding
Our supporters
The Centre received its funding from the
following sources in 2014:
Benefactors
($25,000 or more per year)
Supporting Members
($100 or more per year)
The Helen and Bori Liberman Family
Sarah Austin
■■
■■
■■
■■
Donations and Sponsorship: 38%
Events: 18%
Monash University: 27%
Research and Consultancy: 17%
Guardians
($10,000 or more per year)
The Bennelong Foundation
Daniel and Danielle Besen
The Alan and Elizabeth Finkel Foundation
Holding Redlich
Nordia Foundation
Victoria Law Foundation
Michael Black
Sheila Byard
Deborah Candy
Mark Dreyfus
Bruce Dyer
David Garrioch
Marcus Godinho
Justice Elizabeth Hollingsworth
Sue Kee
Champions ($5000 or more per year)
Marika McAdam
David Bardas
Laurence McAdam
Corrs Chambers Westgarth Lawyers
Simon McGregor
Debbie Dadon
Daniel Khoury
Maurice Blackburn Lawyers
The Hon. Chris Maxwell
Believers
($2500 or more per year)
Peter Hanks
Anthony O’Donoghue
Annette Olle
Christy Pearson
Prof Margot Prior
Enthusiasts
($1000 or more per year)
Peter Rashleigh
Margaret Rappolt
Luke Smith
Friends
($500 or more per year)
John Basten
Daniel Saxs
Erika Stahr
Jennifer Strauss
Paul Wand
Catherine Branson
Steven Castan
Peter Gray
Roslyn Guy
Felicity Hampel
Melinda Jackson
Martin Charitable Trust
Leonie Koadlow
17
Further information
For further information, please visit the Monash
postgraduate website at:
monash.edu/law/postgraduate
Postgraduate Coursework Degrees
Monash University Law Chambers
555 Lonsdale Street, Melbourne 3000
Victoria, Australia
Phone 1800 Monash (1800 666 274)
Phone (outside Australia) +613 9902 6011
Email law-postgraduate@monash.edu
International Students
Central Admissions
Monash University
Building A Ground Floor
900 Dandenong Road
Caulfield East 3145
Victoria, Australia
Australia Freecall number 1800 181 838
Phone +61 3 9903 4788 (outside Australia)
Email study@monash.edu
monash.edu/law/study/international
twitter.com/MonashLawSchool
facebook.com/monash.law.school
monash.edu/law
Information sessions are held throughout
the year. Register at law.monash.edu/
future-students/information-sessions/
postgraduate/info-sessions.html
Disclaimer: The information in this brochure was correct at the
time of publication. Prospective students should carefully read
all official correspondence, and other sources of information
(such as websites) to be aware of changes to the information
contained in this document. This information was published
correct as at September 2015.
15P-0811
CRICOS provider code: Monash University 00008C