Castan Centre for
Human Rights Law
Annual Report
2013
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law.monash.edu.au/castancentre
Content
About the Castan Centre
3
2013 in review
4
Castan Centre programs:
5
Public education
5
Student programs
7
Policy8
Research11
Human rights training consultancies
13
Teaching and supervision
14
“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 Leste
2
About the Castan Centre
Since Michael Kirby AC CMG officially opened the Castan Centre for Human Rights Law in October
2000, our dedicated staff has strived to create a stronger culture of human rights in Australia.
We at the Castan Centre 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 seven 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.
Indigenous programs, especially the
Aurora Project’s native title capacity
building program.
Human rights training and consultancies
aimed at educating Australian and
international government officials about
human rights.
Teaching, through the oldest human rights
law masters degree in Australia, as well as
a thriving undergraduate human
rights program.
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
3
2013 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 an exciting move, 2013 saw the Centre’s
annual conference held for the first time in
the stunning location of Federation Square’s
Edge theatre. This was our biggest
conference yet, with over 300 attendees
enjoying presentations from an outstanding
line-up of human rights thinkers and public
figures, including our international guest,
Shahzad Akbar, the Legal Director of
the Foundation for Fundamental Rights
in Pakistan, then Attorney-General Mark
Dreyfus QC, Eva Cox AO and the ABC’s
Jonathon Holmes.
Alongside the conference, our vibrant
and challenging public education program
continued through our public lectures.
Speakers included Professor Gillian Triggs,
the President of the Australian Human
Rights Commission, Professor Dinah
Shelton, Commissioner of the Inter-American
Commission on Human Rights, and the
Hon. Adam Bandt MP, the Federal member
for Melbourne. With a diverse range of
topics, and free entry, our public lecture
series makes a significant contribution to
an informed and vigorous public debate
about human rights.
The Centre also contributes to public debate
through its policy work. Most significantly,
the Centre informs policy debate at the
federal, state and territory level through
its submissions to parliamentary inquiries.
Utilising the Centre’s world-class expertise
on human rights, we provided advice on
a wide range of topics, including electoral
reform, migration law, amendments to sexual
discrimination laws, reproductive health and
anti-terrorism laws. Complementing this
direct engagement with government, the
Centre also helped inform public conversation
by engaging with print and radio 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.
2013 also saw significant activity on our
YouTube channel, with 42 videos being
added to take the channel’s total to 115
human rights videos across a myriad
of topics.
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.
Each year, the Global Internship Program
provides outstanding Monash Law students
with the unique opportunity to work for a
leading overseas human rights organisation.
Our 2013 program saw nine students flying
off to eight organisations on four different
continents. On home soil, we also supervised
seven Monash Law students in our-house
internship program, who gained invaluable
experience and insight into the Centre’s
day-to-day work in research, policy and
public education. Students from across
Victoria (and one law school in New South
Wales) had the opportunity to tackle the
Victorian Charter of Human Rights in the
Centre’s human rights moot competition,
now in its seventh successive year. In addition
to our regular student programs, the Centre
also collaborated with the Progressive Law
Network, a law student run organisation,
to create a comprehensive public interest
law careers guide funded by the Victoria Law
Foundation. The guide, now available online,
is a wonderful resource for students, career
counsellors and early career lawyers looking
to make a difference through the law.
As ever, all of the Centre’s work is
underpinned by its outstanding research
capabilities, which lead to 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 new horizons
in 2014.
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.
4
Castan Centre programs
Public education
In pursuit of our mission to promote and protect human rights through public scholarship, the Centre
endeavours to reach the widest possible audience through our public education program. To help us
realise this goal, we have ensured that most of our public events are free-of-charge and tickets to our
annual conference as cheap as possible. Since its establishment in 2000, the Centre has hosted
more than 150 conferences, public lectures, roundtables and careers seminars.
Public lectures
Our 2013 calendar was packed with public
lectures and forums, featuring 27 speakers
across 13 events throughout the year.
As ever, the topics covered were broad
and fascinating, ranging from the rights
of athletes, to refugee policy, prisoners’
rights and the fragile situation in Sudan.
Alongside Professor Dinah Shelton,
a Commissioner of the Inter-American
Commission on Human Rights, we
showcased a number of exciting and
distinguished Australian guests, including
the President of the Australian Human
Rights Commission, the CEO of Greenpeace
Australia and federal and state MPs.
■■
Panel forum – ‘Forced Labour and Human
Trafficking: the Criminalisation of Labour
Exploitation’, 17 May 2013. Panelists:
■■ Associate Professor Jennifer Burn,
Director of Anti-Slavery Australia, Faculty
of Law, University of Technology Sydney
■■ Professor Susan Kneebone, Emeritus
Associate, Castan Centre for Human
Rights Law.
■■
Lecture – Professor Alex Bellamy, Griffith
Asia Institute, Griffith University, ‘Sudan –
10 years after’, 30 May 2013. Panel forum –
‘ASIO’s Catch 22: Asylum in Limbo’,
17 June 2013. Panelists:
■■ Matthew Albert, Melbourne Barrister
■■ Jane Dixon SC, President of Liberty
Victoria
■■ Dr Patrick Emerton, Associate of the
Castan Centre for Human Rights Law
The 2013 public lectures were:
■■
■■
■■
Panel forum – ‘Seeking security: Refugee
policy in a time of complexity and change’,
13 February 2013. Panelists:
■■ Associate Professor Harry Minas,
Centre for International Mental Health,
Melbourne School of Population Health,
University of Melbourne
■■ Alex Pagliaro, Campaigns Coordinator,
Amnesty International
■■
Panel forum – ‘Children’s Ground: A model
that could end inter-generational poverty
in Australia’, 19 March 2013. Panelists:
■■ Rosemary Addis, Social Innovation
Strategist, Australian Department
of Education, Employment and
Workplace Relations
■■ Jane Vadiveloo, CEO of Children’s
Ground
■■
■■
■■
Panel forum – ‘The Public Interest Law
Careers Guide Launch’, 20 August 2013.
Panelists:
■■ Jill Prior, Victorian Aboriginal Legal
Service
■■ Felicity Millner, Environment Defenders
Office
■■ Victorian Public Service Graduate
Schemes
■■
Lecture – Professor Dinah Shelton,
Commissioner of the Inter-American
Commission on Human Rights, a Holding
Redlich Distinguished Visiting Fellow,
‘Do we need a human rights body for the
Asia-Pacific? Lessons from around the
globe’, 12 September 2013.
■■
Lecture – Brendan Schwab, Director of
International Player Relations, ‘The Rights
of Athletes’, 23 September 2013. Panel
forum – ‘Marriage Equality in Australia.
Where to from here?’, 24 October 2013.
Panelists:
■■ The Hon. Adam Bandt MP,
Federal Member for Melbourne
■■ Rodney Croome, National Director
of Australian Marriage Equality
■■ The Hon. Clem Newton-Brown MP,
State Member for Prahran.
■■
Castan Centre for Human Rights
Law/King and Wood Mallesons Annual
Lecture – Professor Gillian Triggs,
President of the Australian Human Rights
Commission, ‘Human Rights and Business:
Why human rights matter to successful
businesses’, 22 November 2013.
Panel forum – ‘Prisoners and human rights
– the potential and the reality’, 8 August
2013. Panelists:
■■
Lecture – David Ritter, CEO of Greenpeace
Australia, ‘Rainbows in the Court Room:
How can the law protect our environment?’,
12 March 2013.
■■
Dr Kim Pate, Executive Director,
Canadian Association of Elizabeth
Fry Societies
Debbie Kilroy, CEO of Sisters Inside
Associate Professor Bronwyn Naylor,
Associate of the Castan Centre for
Human Rights Law
Panel forum – ‘The International Women,
Peace and Security Agenda: Academic
Leadership, Australian Research’,
15 August 2013. Panelists:
■■ Noel Campbell, Assistant Secretary,
International Organisations Branch,
Department of Foreign Affairs and Trade
■■ Dr Sharon Pickering, Professor of
Criminology and Australian Research
Council Future Fellow on Border Policing,
Monash University
■■ Dr Ronli Sifris, Monash University Law
School Lecturer and Castan Centre for
Human Rights Law Associate
■■ Dr Lesley Pruitt, McKenzie Postdoctoral
Research Fellow, University of Melbourne.
5
Dinah Shelton discusses the possibility of an
Asia-Pacific human rights body.
Federal MP Adam Bandt discusses gay
marriage as State MP Clem Newton-Brown
looks on.
Conference
In 2013 our annual conference moved to the
spacious and light-filled venue at the Deakin
Edge in Federation Square. With over 300
attendees, this was our biggest conference
yet, and remains the only annual human rights
conference in Australia, and is a vital fixture
on the Australian human rights calendar.
Speakers at the conference were:
■■
■■
The Hon. Mark Dreyfus QC, thenCommonwealth Attorney-General,
‘Australia, Human Rights and the
International Rule of Law’.
Shahzad Akbar, Legal Director of the
Foundation for Fundamental Rights
in Pakistan, and a Reprieve Fellow,
‘US drone attacks in Pakistan:
the civilian toll’.
Eva Cox reviews the state of women’s rights
in Australia.
■■
Associate Professor Paula Gerber, Castan
Centre Deputy Director, ‘The UN’s work in
the area of GLBT rights: What is it doing?
What should it be doing?’.
■■
Eva Cox AO, Professorial Fellow, Jumbunna
Indigenous House of Learning, UTS,’
Women’s rights: progress or stalled?’.
■■
■■
David Manne, Executive Director of
the Refugee Immigration Legal Centre,
‘Refugees, the rule of law and the ethics
of protection’
Megan Mitchell, National Children’s
Rights Commissioner, ‘Children’s rights:
Everyone, everywhere, everyday’.
Former Media Watch host Jonathon Holmes
argues that judges shouldn’t regulate the press.
■■
Judy Courtin, PhD student at the Faculty
of Law, Monash University, ‘Sex crimes and
the Catholic Church: Will a Parliamentary
Inquiry and a Royal Commission deliver
justice to victims, survivors and their
families?’
■■
Jonathon Holmes, Host of Media Watch,
ABC1, ‘Regulating the media: who’s to
judge? (Please, not judges)’.
■■
Professor Sarah Joseph, Castan Centre
Director, ‘The great free speech wars’
Special thanks goes to the Conference
sponsors – Allens Linklaters and
Oxfam-Monash Partnership.
Akbar has an animated discussion with Centre
Director Sarah Joseph.
6
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
Each year, the Centre’s Global Internship
Program is a highlight of our activities.
The 2013 program saw nine students
flying off to eight leading human rights
organisations on four different continents.
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 research for submissions to
Parliamentary committees, drafting articles
for the bi-annual newsletter, preparing
headnotes for the Oxford Reports in
International Law project 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 2013 Global Interns were:
■■
Laura John, Human Rights First,
New York City
■■
Ellyse Borghi, Center for Constitutional
Rights, New York City
■■
Adrianne Walters, United National Special
Rapporteur on the Right to Health, Delhi
■■
Henrietta Champion de Crespigny,
Plan International, Haiti
■■
Lisa Harrison and Nicola Greenberg,
Oxfam and Lawyers for Human Rights,
Durban
■■
Naomi McClellan, Human Rights
Advocacy Centre, Accra
■■
Kristine Tay, International Commission
of Jurists, Geneva
■■
Leah O’Keefe, International Women’s
Rights Action Watch – Asia Pacific,
Kuala Lumpur and Geneva.
Our 2013 In-house interns were:
■■
Summer internship (January):
Nathan Van Wees and Candice Colman
■■
Semester 1 (2013): Claerwen O’Hara
and Asher Hirsch
■■
Semester 2 (2013): Sandra Murray,
Sally Harris and Kate Mulvaney
Global interns (L – R): Henrietta Champion
de Crespigny, Ellyse Borghi, Leah O’Keefe,
Kristine Tay, Lisa Harrison, Naomi McClellan,
Nicola Greenberg, Laura John.
The 2013 interns from Monash University
were Ineke Dane, Madeleine Reilly, Liam
Grigg, Sophie McLeod, Nyssa Meyer,
Rebecca Naylor, Felicity Royds and Kate
Taylor (Summer 2013/14 intake) and Alainnah
Calabro, Shanti Fatchen, Michelle O’Toole
and Tal Shmerling (Winter 2013 intake).
Human Rights Moot competition
Nine teams from Victorian law schools and
one from the University of Sydney competed
in the seventh annual Human Rights Moot.
The preliminary rounds were held at the
Melbourne offices of Clayton Utz, with the
final taking place at the Victorian Court of
Appeal before her honour, JusticePamela
Tate SC of the Court of Appeal, the
Honourable Justice Michael Croucher of
the Supreme Court and Fred Prickett of
Clayton Utz. The competition once again
gave students the opportunity to test their
advocacy and legal analysis skills on a
scenario that engaged the Victoria Charter
of Human Rights and Responsibilities Act
2006, with a team from the University
of Melbourne the eventual winners.
We acknowledge our moot sponsor, Clayton
Utz, which has generously supported the
competition since its inception in 2007.
We acknowledge the support of the 2013
Global Internship supporters: Daniel and
Danielle Besen, Sylvia & Michael Kantor,
the Dara Foundation, the Nordia Foundation,
the Monash Law Faculty’s Student Mobility
Fund, the Monash University Office of the
Deputy Vice Chancellor (Education) and
MyriaD Consultants, which conducts the
pre-departure cross-cultural training.
Clayton Utz Partner in Charge Fred Prickett,
the Honourable Justice Pamela Tate and the
Honourable Justice Michael Croucher.
7
Human Rights Careers Series and Guide
As a university-based human rights centre,
we have always felt a strong commitment
to providing support and opportunities
to students interested in human rights.
Naturally, Monash students have the
opportunity to study human rights subjects,
but we have always tried to support and
inspire students in other ways, particularly
through mentoring, advice and internships –
both with us at the Centre and with likeminded organisations overseas through
our Global Internship Program.
For many years, we have also provided
information for students interested in human
rights careers, principally through our annual
careers series and our web page with
information on volunteering and internship
opportunities. However, we have always
wished that we had the resources to produce
something more comprehensive for students
wanting to work in the field. We were
therefore understandably delighted when
the Progressive Law Network approached
us with their idea of a comprehensive public
interest law careers guide funded by the
Victoria Law Foundation.
The online guide produced by the
Progressive Law Network in collaboration
with the Centre is a wonderful resource for
students, career counsellors and early career
lawyers looking to make a difference through
the law. The guide was launched at a public
event at the Monash Law Chambers in the
CBD. Speakers featured:
■■
Jill Prior, Victorian Aboriginal Legal Service
■■
Felicity Millner, Environment Defenders
Office
■■
Victorian Public Service Graduate Scheme
The Progressive Law Network’s Penelope
Swales speaks to a packed audience at
the launch of the Public Interest Law
Careers Guide.
Policy
One major focus of the Centre is to utilise research to inform public policy debates on vital human rights
issues. In 2013 the Centre used 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, engagingregularly with traditional and mainstream media, and continuing the Centre’s
high profile social media presence.
Submissions to Parliamentary committees
Media
One of the most important ways in which the
Centre informs policy debate is through its
engagement with federal, state and territory
parliamentary committees. 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 2013 were:
■■
■■
■■
P. Emerton, Appearance before the
Independent National Security Legislation
Monitor to give evidence on the terrorism
financing provisions of the Criminal Code
(Cth), April 2013
A. Fletcher and T. Penovic, Submission
to the Senate Legal and Constitutional
Affairs Committee Migration Amendment
(Unauthorised Maritime Arrivals and Other
Measures) Bill 2012, December 2012
(evidence given by Penovic. T on
31 January 2013)
P. Gerber, A. Sifris, S. Joseph, and
M. Smith, Submission to the NSW
Legislative Council Standing Committee
on Social Issues, Inquiry into Same Sex
Marriage Law in NSW, March 2013
■■
A. Fletcher, Submission to Senate Legal
and Constitutional Affairs Committee on
the Sex Discrimination Amendment
(Sexual Orientation, Gender Identity and
Intersex Status) Bill 2013, April 2013
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 53 mentions, which included:
■■
P. Gerber, Submission to the Office of the
High Commissioner for Human Rights on
Birth Registration, November 2013
■■
■■
B. Naylor and A. Fletcher, Submission to
the Senate Standing Committee on Legal
and Constitutional Affairs on a Justice
Reinvestment Approach to Criminal
Justice in Australia, March 2013
S. Joseph, ‘Australia’s “Freedom
Commissioner”’, Radio interview
with Breakfast on Radio Adelaide,
20 December 2013
■■
S. Joseph, ‘The NSW political
donations case: the implied freedom
of political communication strikes
again (after 21 years)’, The Conversation,
20 December 2013
■■
S. Joseph, ‘Tim Wilson and the
Balancing Act of Human Rights’,
The Drum, 19 December 2013
■■
S. Joseph quoted, ‘Classical liberal’
takes rights post, The Australian
Financial Review, 18 December 2013
■■
P. Emerton, ‘Would spying on
East Timor by the Australian Secret
Intelligence Service be illegal?’
ABC News FactCheck, 12 December 2013
■■
■■
B. Naylor and A. MacKay, Submission to
ACT Human Rights Commission on Human
Rights Audit and Review of Treatment of
Women at AMC, August 2013
T. Penovic and R. Sifris, Submission
to the Tasmanian Legislative Council
on Reproductive Health (Access to
Terminations) Bill 2013, July 2013
(evidence given on 3 September 2013)
8
■■
■■
■■
P. Emerton quoted, ‘The right to protest
is slowly being curtailed, Latest casualty:
Tasmania’, The Guardian,
11 December 2013
P. Gerber with Amalia Fawcett, ‘What can
Australia learn about birth registration
from other countries?’ Plan International,
2 December 2013
S. Joseph, ‘Spies know more about us...
but we know more about them’,
The Conversation, 26 November 2013
■■
M. O’Sullivan, ‘What would a truly
regional asylum arrangement look like?’,
The Conversation, 23 July 2013
■■
A. Dastyari, ‘Unapologetic Rudd
anticipates legal challenge to new policy’,
The Age Newspaper, 23 July 2013
■■
A. Dastyari, ‘Australia plan violates UN
Refugee Convention, says law lecturer’,
Radio New Zealand International
interview, 22 July 2013
■■
M. O’Sullivan, ‘The PNG solution:
as harsh as it is unprecedented’,
The Age, 22 July 2013
■■
R. Sifris, ‘Tasmania Decriminalises
Abortion’, New Matilda, 25 November 2013
■■
S. Joseph, ‘Our Prime Minister’s Sri Lanka
performance: a human rights disaster’,
The Conversation, 19 November 2013
■■
A. Dastyari, ‘What are Australia’s
obligations under the Refugee
Convention?, Mamamia, 19 July 2013
■■
S. Joseph interviewed, High Court
Constitutional Challenges, Radio Adelaide,
19 November 2013
■■
■■
S. Joseph, ‘The High Court – coming to a
Centre Stage near you’, The Conversation,
18 November 2013
A. Dastyari, ‘Is Australia’s new asylum
policy the harshest in its history?’
The Guardian Newspaper (UK),
originally in The Conversation,
19 July 2013
■■
■■
■■
M. Castan, Master of Ceremonies and
speaker at a public forum on Constitutional
Recognition, 31 May 2013, Filmed by NITV
and broadcast on 6 November
A. McBeth interview with Tom Elliott, Death
penalty for Australians arrested for drug
smuggling in Vietnam, 3AW drive program,
31 October 2013
B. Naylor, ‘Smoking in prisons: Whose
rights?’, Right Now, 25 October 2013
■■
G. Boas, ‘Lampedusa deaths: look at how
Europe responded’, The Age, 17 October
■■
P. Gerber, ‘Journos Need Human Rights
Training’, New Matilda, 17 October
■■
B. Naylor, ‘Women and veiling: the elephant
in the courtroom’, The Conversation,
1 October 2013
■■
B. Naylor, ‘NSW prison smoking bans
extended’, ABC Drive with Waleed Aly,
30 September 2013
■■
P. Gerber, ‘Decriminalising homosexuality
worldwide: should Australia get involved?’
The Conversation, 23 September 2013
■■
S. Joseph, ‘Public servants and free
speech’, The Conversation, 14 August 2013
■■
B. Naylor, ‘A wake-up call for parents who
smack their children’, The Conversation,
6 August 2013
■■
S. Joseph, ‘The PNG Solution – Cruel to be
... Cruel’, The Conversation, 25 July 2013
■■
A. Dastyari, ‘PNG legal challenge very
likely’, The Sydney Morning Herald
interview, 23 July 2013
■■
A. Dastyari, ‘Explainer: Australia’s
obligations under the UN Refugee
Convention’, The Conversation,
Reproduced by SBS, 18 July 2013
■■
S. Kneebone quoted,’ Is Abbott wrong
to talk of ‘illegals’?’, SBS, 26 April 2013
■■
J. Kyriakakis, ‘Shell Has No Case To
Answer On Nigeria’, The New Matilda,
24 April 2013
■■
A. Dastyari, Radio interview with Barry
Nicholls on the Drive program, ABC South
West WA to discuss asylum seekers arriving
in Geraldton on 15 April 2013
■■
A.McBeth,’Refugee tribunal a check against
the culture of no’, The Drum, 21 March 2013
■■
B. Naylor quoted, ‘Violence, feminism and
criminal justice’, Overland, 13 March 2013
■■
J. Debeljak Interview with Sunanda Creagh,
News Editor, The conversation, quoted in
article New Laws Clamp Down on Forced
Labour and Forced Marriage,
27 February 2013
■■
R. Sifris, Radio interview with 3CR
on Women’s Reproductive Rights,
Discrimination and CEDAW,
12 February 2013
■■
T. Penovic, Radio recording by Triple J
of evidence provided to the Senate Legal
and Constitutional Affairs Legislation
Committee on the current inquiry into
the Migration Amendment (Unauthorised
Maritime Arrivals and Other Measures)
Bill 2012, 31 January 2013 (also played
on Radio National)
■■
M. O’Sullivan, ‘FactCheck Q&A:
towing back the boats and the mining tax’,
The Conversation, 17 July 2013
■■
Opinion piece by A.Dastyari in the Age,
‘Abbott’s copycat tow-back plan won’t
stop the boats’, 13 July 2013
■■
■■
Azadeh Dastyari, ‘The Return to Rudd:
a turn for the worse on asylum seeker
policy?’, Online Opinion, 11 July 2013
S. Joseph, ‘The Whitehaven hoax:
ratbag act or legitimate protest?’,
The Conversation, 15 January 2013
■■
S. Joseph, ‘The Media is Offended by the
new Discrimination Bill’, The Conversation,
10 January 2013
■■
P. Emerton interviewed, ‘Outdated Interpol
advice raises red flag for Federal Police’,
ABC PM, 14 June 2013
■■
P. Emerton interviewed, ‘Interpol shortens
asylum-seeker’s charge sheet’, SBS World
News Radio, 14 June 2013
■■
S. Gray, ‘Sparse memoir of a stolen life’,
review of Ali Cobby Eckermann ‘Too afraid
to Cry’, Weekend Australian Review,
1 June 2013
■■
S. Kneebone interviewed, ‘International
students targeted by human traffickers’,
ABC Newsline, 24 May 2013
■■
P. Gerber, ‘The ethics of enforced child
vaccinations’, Crikey, 23 May 2013
■■
S. Kneebone, ‘International students
targeted by human traffickers’, Australia
Network News interview, 17 May 2013
■■
P. Gerber, Radio interview with Radio
National ‘UN Critical of Australia’s lax
ID policy’, 6 May 2013
■■
P. Gerber, Radio interview on 2SER
on gay marriage, 1 May 2013
9
Social Media
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:
■■
■■
■■
■■
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 13 links
to human rights news, views and reports
each day.
A Facebook page (facebook.com/the
castancentre), which predominantly
publicises the Centre’s latest goings-on,
including upcoming events, blog posts
and media stories, policy papers and
parliamentary submissions.
A YouTube channel, which hosts videos
of many of our public events, plus shorter
interviews conducted with human
rights experts.
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 2012 figures in brackets) were:
■■
I. Cooper, ‘2013 Reconciliation Week Blog
– Southern Dreaming: A Reconciliation
Retrospective’, 27 May 2013
■■
E. Contini and M. Castan, ‘Victorian children
to be seen and not heard’ 5 February 2013
■■
J. Courtin, ‘Will a new pontiff signify a better
approach to child abuse?’, 15 March 2013
■■
A. Dastyari, ‘Circumventing the system: no,
not the asylum seekers, the government’,
29 April 2013
■■
A. Dastyari, ‘The Return to Rudd: a turn
for the worse on asylum seeker policy?’,
1 July 2013
■■
A. Dastyari, ‘Abbott’s copycat tow-back
plan won’t stop the boats’, 17 July 2013
■■
A. Dastyari, ‘Explainer: Australia’s
obligations under the UN Refugee
Convention’, 19 July 2013
■■
A. Dastyari, ‘Is Australia’s new asylum policy
the harshest in its history?’, 22 July 2013
■■
■■
■■
■■
S. Joseph, ‘PNG plan: cruel to be … cruel’,
29 July 2013
■■
S. Joseph, ‘Public servants and free
speech’, 15 August 2013
■■
S. Joseph, ‘Latest Case Law Trends: the
International Covenant on Civil and Political
Rights’, 28 October 2013
■■
S. Joseph, ‘The High Court – coming to a
Centre Stage near you’, 19 November 2013
■■
S. Joseph, ‘Our Prime Minister’s Sri Lanka
performance: a human rights disaster’,
20 November 2013
■■
S. Joseph, ‘Spies know more about us …
but we know more about them’,
27 November 2013
■■
S. Joseph, ‘Thoughts on Nelson Mandela’,
13 December 2013
■■
A. Durbach, ‘Violence against women is
becoming more violent: special International
Women’s Day post’, 8 March 2013
S. Joseph, ‘Tim Wilson, the Australian
Human Rights Commission, and
“balancing” human rights’,
20 December 2013
■■
A. Fletcher, ‘Sex Discrimination Act
amendments – crucial, but flawed’,
22 April 2013
S. Kagan, ‘A trafficking jam: how can China
better address the problem serious problem
of labour trafficking?’, 23 January 2013
■■
A. Fletcher, ‘Hurting the most vulnerable:
the Disability Discrimination Act does not
apply to immigration law’, 15 May 2013
The Koori Woman, ‘2013 Reconciliation
Week Blog – On Reconciliation’,
3 June 2013
■■
J. Kyriakakis, ‘Shell Has No Case to Answer
on Nigeria’, 26 April 2013
■■
C. Leslie, ‘Jeopardising access to justice
for people experiencing mental illness’,
3 April 2013
■■
A. Fletcher, ‘Prisons – Help or Hindrance?’,
30 October 2013
■■
A. Fletcher, ‘Sending People Back to Face
Torture or even Death’, 10 December 2013
■■
K. Galloway, ‘The unravelling of civil liberties
in Queensland’, 6 November 2013
A. McBeth, ‘Refugee tribunal a check
against the culture of no’, 21 March 2013
■■
A. McBeth, ‘Human Rights in the Federal
Budget Part 1: Creative Accounting and
Overseas Aid’, 17 May 2013
■■
A. McBeth, ‘Human Rights in the Federal
Budget Part 2: The Attorney-General’s
Department’, 22 May 2013
■■
S. Morris, ‘2013 Reconciliation Week
Blog – Why we need constitutional reform:
recognition and equality before the law’,
29 May 2013
■■
■■
P. Gerber, ‘The ethics of enforced child
vaccinations’, 23 May 2013P. Gerber,
‘Decriminalising homosexuality worldwide:
should Australia get involved?’,
24 September 2013
■■
5,080 followers on Twitter (3,731).
■■
3,068 followers on Facebook (1,374).
■■
31,638 hits on its main blog site for the
year (31,684).
■■
P. Gerber, ‘Why Journalists Need Human
Rights Training’, 18 October 2013
■■
6,262 hits on its Global Interns blog site
for the year (6,043).
■■
■■
■■
6,992 views on its YouTube site for the
year (6,674).
P. Gerber, ‘Is the criminalisation of
homosexuality in the Commonwealth a relic
of the British Empire?’, 20 November 2013
P. Gerber and A Fawcett, ‘What can
Australia learn from other countries about
Birth Registration?’, 28 November 2013
C. O’Hara, ‘Children’s Ground: A model
that could end intergenerational poverty
in Australia’, 16 April 2013
■■
A. Hirsch, ‘Rainbows in the Court
Room: How the Law Can Protect Our
Environment’, 25 March 2013
L. O’Shea, ‘2013 Refugee Week Blog:
Oceans apart: compassion, politics and
refugees’, 19 June 2013
■■
G. Orr, ‘Can Julian Assange be elected
to Australia’s Parliament, and can Craig
Thompson stay there?’, 5 February 2013
■■
M. O’Sullivan, ‘Push Backs’ of Boats
to Indonesia’, 18 July 2013
■■
Centre staff produced the following posts
for the main blog site in 2013:
■■
■■
R. Ball, ‘Human rights and religion in
Australian law: where does the balance
lie?’, 30 January 2013
■■
R. Clarke, ‘Appeals to racism do not
advance us: special International Day
for the Elimination of Racial Discrimination
post’, 21 March 2013
■■
S. Joseph, ‘The media is offended by the
new discrimination bill’, 11 January 2013
■■
S. Joseph, ‘The Whitehaven hoax: ratbag
act or legitimate protest?’, 14 January 2013
10
■■
M. O’Sullivan, ‘The PNG solution: as harsh as
it is unprecedented’, 23 July 2013
■■
R. Sifris, ‘Tasmania decriminalises abortion’,
29 November 2013
■■
A. Pagliaro, ‘There goes the neighbourhood:
Australia and New Zealand destroying hope
of a regional approach to asylum seekers’,
12 February 2013
■■
J. Taylor, ‘2013 Refugee Week Blog:
Hope. It’s all I’ve got left’, 20 June 2013
■■
N. Van Wees, ‘From state security to human
security: frameworks for refugee protection’,
15 February 2013
■■
L. Walsh, ‘Racism demands action from
all of us’, February 14 2013
■■
A. Walters, ‘The right to health, sexual
violence and social change in India’,
18 January 2013
■■
■■
■■
L. Pearson, ‘2013 Reconciliation Week Blog –
Symbolism, change and reconciliation’,
30 May 2013
D. Ritter, ‘Thermal coal exports killing
our future’, 18 April 2013
R. Sifris, ‘The major reproductive rights
developments from OP CEDAW cases’,
16 January 2013
Centre Manager Marius Smith interviews
Federal MP Adam Bandt for our
YouTube channel.
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, conference papers, submissions to parliamentary inquiries,
policy papers and opinion pieces.
Publications by Centre staff in 2013 were:
Books and edited collections
■■
M. Castan, Contemporary Perspectives on
Human Rights Law in Australia, Thomson
Reuters, Sydney Australia. (with P. Gerber)
■■
P. Gerber, Understanding Human Rights:
Educational Challenges for the Future
(2013) Edward Elgar Publishing, UK
Contemporary Perspectives
■■
■■
S. Joseph, The International Covenant
on Civil and Political Rights: Cases
Materials and Commentary (OUP, 3rd
ed, 2013), 989 pages (main author with
Melissa Castan)
■■
J. Debeljak, Does Australia need a bill of
rights?, in Contemporary Perspectives on
Human Rights Law in Australia, eds Paula
Gerber and Melissa Castan, Thomson
Reuters, Pyrmont NSW Australia,
pp. 37-70, 2013
■■
P. Emerton, The particularism of human
rights discourse, in Human Rights: Old
Problems, New Possibilities, eds David
Kinley, WojciechSadurski and Kevin Walton,
Edward Elgar Publishing, Cheltenham UK,
pp. 113-144, 2013
■■
R. Sifris, Reproductive Freedom,
Torture and International Human Rights:
Challenging the Masculinisation of Torture
(Routledge, 2013)
Book chapters
■■
■■
M. Castan, ‘The Current Human Rights
Landscape’ Chapter 1 in P. Gerber and
M. Castan (eds) Contemporary Perspectives
on Human Rights Law in Australia (2013)
Thomson Reuters (with) P. Gerber
M. Castan, ‘The High Court and Human
Rights: Contemporary Approaches’
Chapter 4 in P. Gerber and M. Castan
(eds) Contemporary Perspectives on
Human Rights Law in Australia (2013)
Thomson Reuters (with P. Gerber)
■■
■■
S. Kneebone, ‘Protecting Trafficked
Persons from Refoulement: Re-examining
the nexus’ in Satvinder Juss and Colin
Harvey eds, Contemporary Issues in
International Refugee Law (Edward
Elgar 2013)S. Kneebone, ‘Transnational
labour migrants: whose responsibility?’
in Rubenstein. K. ed., Allegiance and
Identity in a Globalised World
(Cambridge University Press 2013)
■■
P. Gerber, ‘Human Rights Education in
the Australian Curriculum’ Chapter 22
in Gerber, Paula and Castan, Melissa (eds)
Contemporary Perspectives on Human
Rights Law in Australia (2013) Thomson
Reuters 531-555 (with A. Pettit)
S. Kneebone, ‘Surrogate Protection
under the Refugee Convention and the
Responsibilities of States to Displaced
Persons’ in Kneebone S.Y, Stevens,
D., and Baldassar, L., (eds) Refugee
Protection and the Role of Law:
Conflicting Identities (Routledge, 2013)
■■
P. Gerber, ‘Marriage Equality in Australia’
Chapter 9 in Gerber, Paula and Castan,
Melissa (eds) Contemporary Perspectives
on Human Rights Law in Australia (2013)
Thomson Reuters 199-221. (with A. Sifris)
J. Kyriakais, ‘Boat people and the Body
Politic’ Chapter 14 in Paula Gerber and
Melissa Castan (eds), Contemporary
Human Rights Issues in Australia
(Thomson Reuters, 2013) (with T. Penovic)
■■
B. Naylor, ‘Protecting the human rights
of prisoners in Australia’, in Contemporary
Perspectives on Human Rights Law in
Australia, eds Paula Gerber and Melissa
Castan, Thomson Reuters, Sydney NSW
Australia, pp. 395-416, 2013
■■
A. McBeth, ‘The Shift Towards Emerging
Economy Financing of Development
Projects: Implications for Human Rights
Standards’, in R Maguire and B Lewis (eds),
Shifting Global Powers: Challenges and
Opportunities for International Law, 2013
■■
S. Joseph, ‘Trade Law and Investment
Law’, in Dinah Shelton (ed), The Oxford
Handbook of International Human Rights
Law (OUP, 2013), pp 841-870
■■
S. Kneebone, ‘Introduction: Disciplinary
Perspectives on Conflicting Identities’ in
Kneebone S.Y., Stevens, D., and Baldassar,
L., (eds) Refugee Protection and the Role
of Law: Conflicting Identities (Routledge,
2013) (with L. Baldassar and D Stevens)
11
■■
■■
■■
■■
■■
A. McBeth, ‘What do Human Rights Require
of the Global Economy?’, in D Reidy and
C Holder (eds), Human Rights: The Hard
Questions, Cambridge University Press,
UK, 2013
M. O’Sullivan, ‘Territorial Protection:
Cessation of Refugee Status and Internal
Flight Alternative Compared’, in S. Juss
(ed.), Research Companion to Migration
Theory and Policy, (Ashgate, 2013)
T. Penovic, Boat people and the body
politic, in Contemporary Perspectives on
Human Rights Law in Australia, eds Paula
Gerber and Melissa Castan, Thomson
Reuters, Pyrmont NSW Australia,
pp. 333-370, 2013
R. Sifris, ‘Is Australia respecting a
woman’s right to reproductive freedom?:
Ananalysis of recent legal developments’
in Paula Gerber and Melissa Castan (eds),
Contemporary Human Rights Issues in
Australia (2013) Thomson Reuters
R. Sifris, A woman’s right to choose:
human rights and abortion in Australia,
in Contemporary Perspectives on Human
Rights Law in Australia, eds Paula Gerber
and Melissa Castan, Thomson Reuters,
Pyrmont NSW Australia, pp. 251-27, 2013
■■
■■
■■
■■
■■
■■
M. Castan ‘Law Reform or Deform?’,
(2013) 38(4) Alternative Law Journal 1.
M. Castan, ‘Interconnectedness,
Multiplexity and the Global Student:
The Role of Blogging and Micro Blogging
in Opening Students’ Horizons’, (2012)
20 Journal of the Australasian Law
Teachers Association 177-188, March
2013, (with K. Galloway and K. Greaves)
■■
M. Castan, ‘Closing the gap on the
constitutional referendum’, Indigenous
Law Bulletin, vol 8, issue 4, pp. 12-15
■■
M. Castan, ‘Gatecrashing the research
paradigm: effective integration of online
technologies in maximising research impact
and engagement in legal education’ (2013)
Journal of the Australasian Law Teachers
Association, pp. 91-99, (with K. Galloway
and K. Greaves)
■■
P. Gerber, ‘General Comment 16 on the
Business Sector and Children’s Rights:
What is its standing and impact?’ (2013)
14(1) Melbourne Journal of International
Law 93-128 (with J. Kyriakakis and
K. O’Byrne)
■■
P. Gerber, ‘Should gay men still be labelled
criminals?’ (2013) 38(2) Alternative Law
Journal 82-86. (with K. O’Byrne)
■■
R. Joyce, Sovereignty and imperial law,
Law, Culture and the Humanities [P],
vol 9, issue 3, Sage Publications Ltd,
UK, pp. 475-487, 2013
A. McBeth, ‘Mapping Accountability
Processes in Cambodia’ (2013) 75
Development Bulletin 115 (with R. Bottomley)
M. O’Sullivan, The ‘best interests’ of
asylum-seeker children: who’s guarding
the guardian?, Alternative Law Journal [P],
vol 38, issue 4, Legal Services Bulletin
Co-Operative Ltd, Clayton Vic Australia,
pp. 224-228, 2013
T. Penovic, ‘Parliamentary Contortions
Following the High Court’s Malaysian
Declaration Decision’, (2013) 20 Australian
Journal of Administrative Law 109 in
Discrimination and Refugees Section
■■
S. Joseph, ‘Protracted Lawfare: Chevron
v Ecuador’, Vrije Universiteit, Amsterdam,
24 June 2013
■■
S. Joseph, ‘The Free Speech Wars’,
Castan Centre for Human Rights Law
Annual Conference, The Edge, Federation
Square, Melbourne, 26 July 2013
■■
S. Joseph, ‘Social media and Human
Rights’, University of Nottingham, 9 October
■■
S. Joseph, ‘A Human Rights Reading of
the Tintin Adventures’, Law and Humanities
“Interpellations” conference, ANU,
6 December 2013
■■
S. Kneebone, ‘Human trafficking and forced
migration in the Greater Mekong Subregion’
Global Ideas Forum Melbourne University
on, August 2013
■■
S. Kneebone, ‘Forced Marriage in Domestic
and International Law: What does “Forced”
Mean?’ to Good Shepherd symposium,
The Right to Refuse: Examining Forced
Marriage in Australia, 3 September 2013
■■
S. Kneebone, ‘Regional Engagement
and Effective Protection in South East Asia’,
Law Faculty, Warwick University,
10 October 2013
■■
S. Kneebone, ‘Regional Engagement and
Effective Protection: The Australian Way’,
30 October 2013
■■
S. Kneebone, ‘ASEAN and Refugee
Protection’, Refugee Law Initiative,
5 November 2013
■■
S. Kneebone, ‘Bali Process’, Comparative
regional protection frameworks for refugees:
Norms and norm entrepreneurs, Refugee
Law Initiative, School of Advanced Studies,
London, 15 November 2013
■■
S. Kneebone, ‘The Refugee Convention
and Human Rights Protection under
Australian Law’, Refugee Law Initiative
Conference (with L. Kirk), November 2013
■■
S. Kneebone, ‘Human and Organ
Trafficking’, Africa Think Tank conference
Melbourne University, December 2013
■■
J. Kyriakakis, ‘Multinational Corporations,
Legal Personality and International
Crimes’, presented at Non-State Actor
Responsibilities: Empirical Findings
and Theoretical Considerations, a joint
International Conference of Kwantlen
Institute for Transborder Studies (ITS)
and Political Science Department, the
Non-State Actor Committee of the
International Law Association, International
Law Association – Canada, Leuven Centre
for Global Governance Studies, and the
Flemish Fund for Scientific Research
Belgium. Held at Kwantlen University,
Vancouver, Canada, 26 – 28 June 2013
R. Sifris, ‘The Legal and Factual Status of
Abortion in Australia’ (2013) 38 Alternative
Law Journal 38(2) 108-112
Papers
■■
Journal articles
■■
J. Kyriakakis, Developments in international
criminal law and the case of business
involvement in international crimes,
International Review of the Red Cross [E],
vol 94, issue 887, Cambridge University
Press, Switzerland, pp. 981-1005, 2013
■■
■■
■■
M. Castan, ‘The Matrix as the Gatekeeper:
Effective integration of online technologies
in maximising research impact and
engagement’, (with K. Galloway and
K. Greaves), ALTA Conference,
October 2013
M. Castan, ‘Engaging Indigenous
Perspectives in Australian Constitutional
Law Education’, ALTA Conference,
October 2013
A. Dastyari, ‘Detention by any other
Name Just as Unlawful?’ Law and Society
Conference, Boston, Massachusetts,
United States, 29 June 2013
J. Debeljak, ‘Remedial Interpretation,
the Principle of Legality and Proportionality:
A comparative study of the UK Human
Rights Act and the Victorian Charter of
Human Rights’ (Presented at the Society
of Legal Scholars Annual Conference 2013,
University of Edinburgh, Edinburgh,
4 September 2013)
■■
P. Gerber, ‘State Based Marriage Laws,
the Constitution and Federal Inaction’
LIV Young Lawyers’ annual law reform
event, Melbourne
■■
P. Gerber, ‘The UN’s work in the area of
GLBT rights: What is it doing? What could
it be doing?’ Castan Centre Annual Human
Rights Conference, Melbourne
■■
P. Gerber, ‘Marriage Equality in Australia’
at Women’s Rights seminar, Victorian
Women Lawyers
■■
S. Joseph, ‘Tintin, Politics and Human
Rights’, Louvain-La-Neuve Faculty of Law,
Louvain-la-Neuve, Belgium, 10 May 2013
(repeated at Free University of Brussels,
10 October 2013
12
■■
■■
M. O’Sullivan, ‘The Ethics of Burden –
Sharing 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
Ongoing grants
■■
G. Boas, International Criminal Justice:
Law, Policy and its Relevance to Australia’s
security, with W. Schabas and M. Scharf
(Monash University 2010-2013)
(ARC 2010-2014)
■■
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
B. Naylor, Stockholm Criminology
Conference, ‘Comparative social and legal
developments in dealing with corporal
punishment of children’ 10-12 June 2013
■■
J.Debeljak and R. Joyce, Australian
Research Council Linkage Infrastructure
Equipment and Facilities Grant, entitled
The International Law Library on WorldLII:
New content and facilities for the leading
repository and citator for international law,
2014-15. 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.
■■
Human rights report for BHP Billiton
Illawarra in September 2013.
■■
B. Naylor, ‘Would you employ a person
with a criminal record?’ ACSO Conference
Melbourne, 8 October 2013
■■
B. Naylor, ‘Justice Reinvestment: is this the
answer?’ ACSO Conference Melbourne,
9 October 2013
■■
A. Sifris, ‘The Hague Child Abduction
Convention “Garnering” the Evidence:
The Australian Experience’ presented at
the Southwestern Law School symposium
‘The Future of Children in International Law’,
22 February 2013
■■
S. Kneebone, ‘Law, Governance and
Regulation of the Intra-regional Labour
Migration in South East Asia: An Agenda for
Protection and Development’, ARC Linkage
Grant ($170,000), 2009-ongoing
■■
S. Kneebone, ‘Delivering Effective
Protection to Victims and Prevention of
Human Trafficking in the Greater Mekong
Sub-Region’, ARC Linkage Grant,
($150,000), 2009-ongoing
■■
A. McBeth, Monash-Oxfam Partnership,
‘Community-driven accountability: steering
multi-level accountability systems from the
ground up,’ Cambodia-based research
project, with S Marshall (Monash BusEco),
K Macdonald (Melbourne Arts), P Taylor
McKeown and M Simon (both Oxfam),
$298,754 in funding, 2012 – 14.
■■
B. Naylor, Legal Services Board (Victoria)
(with Dr Deborah Kirkwood, Dr Danielle
Tyson and Mandy McKenzie) ‘Improving
Legal Responses to Domestic Homicides:
A study of Homicides in Victoria 2005
2014’ ($140,000) – 2 years
Grants awarded
■■
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 Asher
Flynn, Arie Freiberg and Jude McCulloch
(at Monash) and Jacqueline Hodgson
(Warwick), $13,398.00 (Monash) and
£7,165.00 (Warwick) – 1 year.
■■
Castan Centre, Newman’s Own
Foundation,The ‘Human Rights in
Three Minutes’ video project, ($42,087)
■■
Castan Centre, Victoria Law Foundation,
Progressive Law Careers Guide ($15,433)
■■
Castan Centre, Victoria Law Foundation,
The ‘Human Rights in Three Minutes’
video project, ($18,250)
Research consultancies
Other
■■
S. Joseph, UN Human Rights Committee:
latest trends under the Optional Protocol”,
International Service for Human Rights,
9 October 2013
■■
B. Naylor, Report on Women Exiting
Prison In Victoria: A Post-Release Study
2011 – 2013 (with Rosemary Sheehan,
Catherine Flynn and Chris Trotter) for
Department of Justice (Vic) 2013.
Human rights training consultancies
The Centre conducts short courses and training programs, predominantly for Australian and international
government officials. In 2013 it conducted the following programs:
■■
Conducted human rights training
courses for DFAT, 16 – 20 September 2013
(J. Kyriakakis, R. Joyce, A. McBeth)
■■
Business and Human Rights training
course, 19 September 2013
(S. Joseph, B. Horrigan and A. McBeth)
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 2013 the following units were offered.
Postgraduate Units
■■
Children’s rights in Australian law,
K. Eastman
■■
Comparative Bills of Rights, A. Ward
■■
Freedom of speech – law, theory and policy,
C. Campbell
■■
Globlisation and international economic law,
F. Garcia
■■
Human trafficking and the law,
S. Kneebone
■■
International Criminal Justice, G. Boas
■■
International humanitarian law, Dan Mori
■■
International human rights law and
development, R. Joyce
■■
International Human Rights Law and
Women, T. Penovic
■■
Overview of international human rights law,
(offered twice each year), H. Askola,
J. Debeljak and K. Eastman
■■
Terrorism and Human Rights, S. Joseph
■■
Victorian charter of rights and
responsibilities, K. Eastman
Undergraduate
■■
Advance Professional Practice
(Human Rights), R. Hyams (Semester 1)
and A. Evans (Semester 2)
■■
International Human Rights Law, A. McBeth
■■
International law, R. Joyce
■■
International criminal law, J. Kyriakakis
■■
Law, Gender and Feminism, J. Richardson
■■
Law and Social Theory, P. Emerton
PhD, SJD and LLM Major
Thesis completions
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.
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 2013 were:
■■
Piers Gooding, Supported decision-making
and mental health law, (B. McSherry
and R. Sifris)
■■
Rod Hagen, Unregistered and Invisible:
An Examination of Indigenous Birth
Certification and Registration in Australia
(M. Castan with L. Russell)
■■
Brendan Loizou, Aboriginal People and
Access to Justice: Are their rights being
protected? (M. Castan with L. Russell)
■■
Anita MacKay, Comparison of two
theoretical frameworks for prison operation
– restorative justice and human rights
(B. Naylor with J. Debeljak)
■■
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)
■■
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)
PhD
■■
Olivia Ball, All the way to the UN:
Is petitioning a UN human rights treatybody worthwhile? (P. Gerber)
■■
Bronwyn Bartal, Rights of the pregnant
woman and the role of the ‘born alive’
rule in the maintenance of those rights
(B. Naylor)
■■
■■
Narumon Changboonmee, The role of
human rights to protect children on the
move to Thailand (S. Kneebone)
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, (J. Debeljak and
S. Joseph)
■■
Sina Etezazian, Ambiguities regarding the
prerequisites for the exercise of self-defence
(G. Boas)
14
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)
Honours
■■
David Burke, Re-visiting Al-Kateb:
Using the Principle of Legality to Prevent
Indefinite Detention, (T. Penovic)
■■
Katie Amanatidis, The ramifications of
the M47 Case on Australian Migration
Law and Policy, (S. Kneebone)
■■
Amber Tan, A Critical Evaluation of Reforms
to National Security Laws & Significance
to Constitutionalism, (HP Lee and S. Gray)
■■
■■
Henrietta Champion De Crespigny,
CRC Right to Participate, (S. Kneebone)
■■
■■
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)
Allainah Calabro, To what extent do
the legal frameworks surrounding birth
registration act as a barrier to Indigenous
Australians?, (M. Castan)
Darcy Daly, The Independence of the
Refugee Review Tribunal: Ministerial
Directions – A Flashpoint of Executive
Overreach, (A. McBeth)
■■
Anuja Krishnamurthy, Domestic violence
and international law, (A. McBeth)
■■
Chaim Levin, The hearsay rule and its
application with a criminal and civil
context, (G. Boas)
■■
James McNicol-Smith, Use of nominal
settlors in commercial trusts, (P. Emerton)
in D Reidy and C Holder (eds), Human
Rights: The Hard Questions, Cambridge
University Press, UK, 2013
■■
SJD
■■
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)
■■
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)
■■
AderajewTeshome, Ethiopia’s Response
to Human Trafficking: Towards Effective
Criminalisation and Protection
(S. Kneebone)
■■
Michael Goddard, Legal Protection of
the Traditional Knowledge of Indigenous
Australians, (R. Joyce)
LLB research
Masters by research
■■
Brendan Ashdown, The role and
importance of Parens Patriae principles
in the superior Civil Courts of Australia,
(T. Penovic)
■■
Mel Keenan, The western legal response
to sorcery in colonial Papua New Guinea,
(M. Castan with G. Powles)
■■
Lauren Peacock, Reconciliation,
reparations and law reform in Australia:
The 2012 recommendations to amend
the constitution to recognise indigenous
Australians, (R. Sifris)
■■
Daniel Stepanenko, Naturalising Human
Rights: A Scientific Foundation for
Human Rights Norms, (J, Debeljak)
15
CRICOS provider: Monash University 00008C
15P-0001
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 January 2015.