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McMaster, Don. "Detention, deterrence, discrimination : Australian refugee policy /." Title page, abstract and contents only, 1999. http://web4.library.adelaide.edu.au/theses/09PH/09phm167.pdf.
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Davies, Evan. "Mandatory detention for asylum seekers in Australia : an evaluation of liberal criticism." University of Western Australia. Political Science and International Relations Discipline Group, 2007. http://theses.library.uwa.edu.au/adt-WU2007.0202.
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This thesis evaluates the policy of mandatory detention for asylum seekers maintained by successive Australian governments against several core liberal principles. These principles are derived from various accounts of liberal political thought and the major themes and criticisms inherent in the public debate over the policy. The justifications of the policy given by the Australian government and the criticisms enunciated by scholars, refugee advocates and non-government organisations with respect to the policy strongly correspond with the core liberal principles of fairness, protecting the rights of the individual, accountability and proportionality. The claims of the critics converge on a central point of contention: that the mandatory detention of asylum seekers violates core liberal principles. To ascertain the extent to which the claims of the critics can be supported, the thesis selectively draws on liberal political theory to provide a framework for the analysis of the policy against these liberal principles, a basis for inquiry largely neglected by contributors to the literature. This thesis argues that, on balance, the mandatory detention policy employed by successive Australian governments violates core liberal principles. The claims of the critics are weakened, but by no means discredited, by the importance of the government's maintenance of strong border control. In the main, however, criticisms made by opponents of the policy can be supported. This thesis contributes to the substantial body of literature on the mandatory detention policy by shedding light on how liberal principles may be applicable to the mandatory detention policy. Further, it aims to contribute to an enriched understanding of the Australian government's competence to detain asylum seekers.
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Malavaux, Claire. "Cultivating indifference : an anthropological analysis of Australia's policy of mandatory detention, its rhetoric, practices and bureaucratic enactment." University of Western Australia. School of Social and Cultural Studies, 2007. http://theses.library.uwa.edu.au/adt-WU2008.0120.
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This thesis is based on a particular domain of anthropological inquiry, the anthropology of policy, which proposes that policy be contemplated as an ethnographic object itself. The policy I consider is Australia's refugee policy, which advocates the mandatory detention of
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Frank, Heather M. "Evaluating the effectiveness of an anger management program in a detention facility /." View online ; access limited to URI, 2007. http://0-digitalcommons.uri.edu.helin.uri.edu/dissertations/AAI3225317.
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Phillips, Kristen. "Immigration detention, containment fantasies and the gendering of political status in Australia." Curtin University of Technology, School of Communication and Cultural Studies, Faculty of Media Culture and Creative Arts, 2009. http://espace.library.curtin.edu.au:80/R/?func=dbin-jump-full&object_id=129031.
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This thesis is about border politics, in more than one sense. It looks at the recent period of anxiety about the control of Australian national borders (approximately, from the late 1990s until the 2007 Federal election), and attempts to understand how certain assumptions about women as potential reproductive bodies permeated biopolitical discourses in Australian national culture during this period. I employ the term ‘containment’ in order to make sense of this cultural moment. With reference to the work of theorists of modernity such as Michel Foucault and Zygmunt Bauman, I argue that containment is a key discourse in modern cultures—a way of thinking and speaking about confinement, control, management and order. It structures how we think about the management of populations and is a central part of the justification for the confinement of problem populations by modern political authorities. As such, then, it describes the ways in which the use of immigration detention for unlawful non-citizen asylum seekers has been thought about and accepted as reasonable in Australian national culture.However, a discourse of containment has also been central to the thinking about gendered bodies in modernity, in particular to assumptions about the control of women’s bodies. The assumptions about the containment of women in the modern gender order are directly linked to ideas about political status, citizenship and sovereignty in modern nation-states. Drawing on Giorgio Agamben’s notion of ‘bare life’—the life that is excluded from the protections of citizenship and thus left unprotected from violence—I attempt to make sense of the connections between the immigration detention camp as a site where the modern state exerts control over the life of the nation, and that modern state’s attempts to control reproductive and reproducing bodies. The reducing of certain people to the status of bare life is, then, a gendered process. Women and men are stripped of political status in different ways because they are assumed to have, or potentially have, different kinds of political status.
I therefore consider how ideas about women as reproductive bodies were integral to the discourse and practices of containment which underpinned the use of immigration detention in Australia. These ideas were important at a number of levels. Firstly, ideas about women as reproductive bodies infused the thinking about national borders, border control and the management of national reproduction. Secondly, a racially inflected discourse about ‘women and children’ was of central importance in shaping the ways in which male and female asylum seekers in immigration detention were treated. In the techniques used to control and manage gendered asylum-seeking bodies, key modern assumptions about women as reproductive bodies, the family, sovereignty and violence are revealed. Furthermore, I argue that many popular culture texts which attempt to make sense of, or critique, Australian national border politics have reinforced the same gendered ideas about containment, the same naturalised assumptions about the reproduction of the nation, which underpinned exclusionist border politics and the use of immigration detention. Examining the intersection of gendered and national discourses of containment in national border politics reveals the gendered violence which infuses the modern social order.
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Fiske, Lucy. "Insider resistance : understanding refugee protest against immigration detention in Australia, 1999 – 2005." Thesis, Curtin University, 2012. http://hdl.handle.net/20.500.11937/440.
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Protests by detainees in Australia’s immigration detention centres made regular headline news between 1999 and 2005. Journalists interviewed government ministers, senior departmental officials, refugee advocates, mental health experts and many others. Only rarely were detainees able to speak directly for themselves and explain their own actions. The primary task of this research has been to reunite the words of former detainees with their actions. Through interviews with former detainees, alongside a broad range of secondary sources, such as government media releases, news reports, inquiry reports and court transcripts, this thesis presents an alternative record of protests and other events inside detention centres. Detainees’ thoughts, words and actions are outlined in thematic chapters addressing human rights and the human subject of human rights, power and resistance in detention, escapes and breakouts, hunger strike and riot.Testimony from former detainees confirms that despair was widespread within immigration detention centres. However, it also reveals a discursive struggle for reinstatement as rights bearing human beings. Detainees engaged in collective and individual critique of their position within Australian and global politics, of the flow of power within detention centres, of their public representation and of the risks and potential benefits of possible protest actions. Interviews with former detainees revealed a diverse political consciousness and both strategic and principled thinking which drove protest action. The interviews also uncovered important insights into the interplay of reason and emotion in resistance undertaken by those directly experiencing injustice.Hannah Arendt argued that becoming a refugee entails a loss of ‘the right to have rights,’ which amounts to an expulsion, not only from a political community, but from humanity itself. In this research, the work of Hannah Arendt is used to expose the ways in which Australia’s regime for responding to asylum seekers who arrive by boat strips people of their status as ‘full’ human beings and is therefore fundamentally dehumanising. The words and deeds of detainees however, extend Arendt’s work on human rights and support the argument that certain characteristics of ‘naked humanity,’ including thought, speech and action, cannot be removed and that detainees remained discursive agents throughout their period of detention. Detainees used critical and strategic understandings of power to engage in a struggle for restoration as rights bearing human beings.
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Browning, Julie. "States of exclusion : narratives from Australia's immigration detention centres, 1999-2003." University of Technology, Sydney. Faculty of Humanities and Social Sciences, 2006. http://hdl.handle.net/2100/441.
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This thesis interrogates immigration detention as a space of intricate ambivalence - one which seeks to exclude, but which is also entreated to protect. The focus is so-called ‘unauthorised’ asylum seekers detained both within Australia and offshore on the Pacific island of Nauru between 1999 and 2003 - when the numbers of detained asylum seekers reached its maximum and the government introduced offshore processing centres. Australia’s immigration detention regime sits awkwardly with the discourse of universal human rights and brings into sharp conflict two robust political values: the right of endangered people to seek refuge and the right of the nation to determine who will enter. Focusing on the experiences of detainees reveals immigration detention as a complex regime through which the state’s dominating power targets the stateless, non-white, male body. This targeting is intentional, serving to secure sovereign borders and to rearticulate the naturalised ties between the national population and the modern state. Immigration detention holds the seeker in a limbo that sets parameters for the seeker’s experience of ongoing and intensifying insecurity. It specifically and intentionally fractures the identity of detainees: masochistic actions and collective protests, from hunger strikes to breakouts, reflect the common currency of anxiety and violence. The creation of offshore camps was, in part, a response to ongoing protests within onshore detention and the failure of onshore detention to stop boat arrivals. My chief focus here is the largest Pacific camp, ‘Topside’, on the island of Nauru. Unlike the onshore detention centres where publicised protests and breakouts screamed of continuing detention of asylum seekers, those on Nauru were effectively silenced. The thesis explores purpose as inscribed within the body of the exile. To give up hope for asylum is to face the possibility of endless wandering and death. Mechanisms of resistance, whether explicit protest or more passive waiting, are parts of the continuing struggle by the detained against mechanisms of exclusion and exception. The detained carve out small openings to contest their exclusion and to reassert an identity as survivors. There is a complex and fluid interplay between such resistance and government policies aiming to silence protest and limit identity – and ultimately to deter all unauthorised boat arrivals.
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Nilsson, Ebony Grace. "The ‘Enemy Within’: Left-wing Soviet Displaced Persons in Australia." Thesis, University of Sydney, 2020. https://hdl.handle.net/2123/24375.
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In the wake of the Second World War, Soviet displaced persons (DPs) from Europe and Russians displaced from China were resettled across Western nations. Their migration coincided with the escalating geopolitical tensions of the early Cold War, which in an Australian context turned migrants of Soviet origin into potential ‘enemy aliens.’ Soviet DPs have generally been considered virulently anti-communist, as indeed many were. Others developed their anti-communist narratives as they negotiated displacement, emphasising beliefs which were expedient and keeping quiet about those that were not. But despite the pressures of the early Cold War, a minority of Soviet DPs actively engaged with left-wing politics after arriving in Australia. These DPs’ political activities resisted the Australian government’s expectations of migration assimilation. Their convictions oriented them back toward a Soviet homeland and resulted in dual loyalties which appeared dangerous in Cold War Australia. Thus, left-wing DPs negotiated not only politics, but state suspicion regarding their loyalties and the surveillance of the Australian Security Intelligence Organisation (ASIO).
This dissertation reconstructs the political and social experiences of individual Soviet DPs throughout the processes of displacement and migration. Through biography and individual experience, it traces the development of politics across continents and the interactions with intelligence which resulted. I argue that despite the Australian state’s expectation that migrants would assimilate and develop loyalty (solely) to their new home, some DPs maintained their dual loyalties and orientation toward an ‘enemy’ homeland, co-existing with attitudes to Australia that ranged from alienation to acceptance.
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Sia, Lavina Si Xuan. "Suboptimal sleep among persons with a mental illness in Australia." Thesis, Sia, Lavina Si Xuan (2019) Suboptimal sleep among persons with a mental illness in Australia. Masters by Coursework thesis, Murdoch University, 2019. https://researchrepository.murdoch.edu.au/id/eprint/60869/.
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Background: Persons with a mental illness commonly report experiencing suboptimal sleep and several sociodemographic factors have been shown to be associated with suboptimal sleep. However, there is a lack of research exploring these in a representative sample of Australian adults, especially those with a mental illness. The present study aimed to (i) describe the prevalence of suboptimal sleep in a representative sample of Australian adults, categorised according to recently published sleep duration and quality guidelines (Hirshkowitz et al., 2015; Ohayon et al., 2017), and whether prevalence rates varied between persons with and without a mental illness; and (ii) examine associations between suboptimal sleep and sociodemographic factors and explore variations in such, according to mental health status.
Method: A cross-sectional study was done using data from the National Social Survey (n = 1265) with a representative sample of Australian adults. Multivariable logistic regression analyses were used to investigate associations between various sociodemographic factors and suboptimal sleep parameters.
Results: Findings showed that suboptimal sleep, in both duration and quality, affects a considerable proportion of Australian adults (5%-20%), and a significantly higher proportion of those with a mental illness (6%-39%). Consistent with previous research, sociodemographic characteristics associated with a greater likelihood of suboptimal sleep in persons without a mental illness include age, gender, marital status, employment, educational attainment, and Aboriginal and/or Torres Strait Islander status. For persons with a mental illness, males (OR = 3.82; p < 0.001), adults aged 18 to 65 (aged 18-24: OR =12.15, p < 0.05; aged 24-65: OR = 3.00; p < 0.001), and individuals with an unpaid employment (OR = 3.75; p < 0.05), were more likely to report experiencing suboptimal sleep.
Conclusion: Understanding the prevalence of suboptimal sleep and sociodemographic variables associated with suboptimal sleep in persons with a mental illness can have both broader public health and clinical implications for assessment, screening and early intervention of subgroups that are more likely to report suboptimal sleep, given the bidirectional relationship between sleep and mental health.
Keywords: Sleep; Prevalence rates; Mental illness; Sociodemographic characteristics
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Yu, Ping. "Administrative model v. adjudication model : the impact of administrative detention in the criminal process of the People's Republic of China /." Thesis, online access from Digital Dissertation Consortium access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?3224316.
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Kaguongo, Waruguru. "Prisoners' rights: the role of national human rights institutions in Africa." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/991.
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"This dissertation seeks to investigate: (a) whether national human rights institutions are best suited to oversee the improvement of prison conditions; (b) why national institutions are in a better position than others working in this field to monitor the respect of prisoners' rights; and (c) some of the ways in which national institutions can achieve this objective. This will entail an examination of the nature of prisoners' rights and prison conditions and, thereafter, the general character and elements that define national human rights commissions in terms of organization and establishment. These elements will be considered with a view to finding out whether they offer any advantages that can positively influence the conditions of prisons and prisoners and if so, how. It is recognized that national institutions are not the only ones involved in seeking to improve prison conditions. It will be argued however, that even with the existence of the other bodies, there still exists the need for national institutions to be expressly mandated to inspect and monitor the adherence to standards on prisoners' rights. The argument will again be based on the examination of the unique characteristics that these institutions possess as distinguished from other bodies, and the potential these characteristics have to ameliorate the conditions in which prisoners find themselves. ... Chapter one introduces the study and the questions that have prompted the study. Chapter two looks at the nature of pisons, how they began to be and what purposes they serve. This chapter also examines the conditions of prisons in Africa. The scope of chapter three is prisoners' rights, what they are, their justification and the legal regime that regulates their observance. Chapter four focuses on the implementation aspect by looking into what national human rights instiutions are. The final chapter will examine how national institutions have utilized or might utilize their characteristics in favor of the protection of the human rights of prisoners. Conclusions and recommendations will then follow." -- Chapter 1.Prepared under the supervision of Dr. Jean Allain at the Political Science Department, American University in Cairo, Egypt
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Cheng, Jinhua. "A threefold legal campaign : the central state, local bureaucracies, and social forces relating to the Sun Zhigang case /." View abstract or full-text, 2005. http://library.ust.hk/cgi/db/thesis.pl?SOSC%202005%20CHENGJ.
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Ghezelbash, Daniel. "Shifting sands and refugee boats: The transfer of immigration control measures between the United States and Australia." Thesis, The University of Sydney, 2015. http://hdl.handle.net/2123/14035.
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Policy makers are increasingly drawing on practices in other jurisdictions when developing immigration law and policy. This is due in part to the fact that the objectives of governments are converging as they seek to attract what they perceive as ‘good’ migrants, such as skilled workers and investors, and to deter ‘bad’ migrants, such as asylum seekers and irregular arrivals. In this thesis, I examine transfers of law and policy that have the objective of deterrence. I focus on the transfer of three measures between the United States and Australia. These are long-term mandatory detention, maritime interdiction, and extraterritorial processing of asylum claims. I compare and analyse the history and implementation of these measures. Referring to interviews carried out with key policy makers, I argue that the similarities in the way these policies have been implemented in the United States and Australia are the result of a process of legal and policy transfer. The analysis of these case study transfers is undertaken with a view of developing a deeper understanding of the transfer process and providing lessons for policy makers involved in future transfers. In particular, I examine the factors which contribute to the success or failure of transfers. I focus on the ‘legal dimension’ of success—that is, the ability of transferred law and policy to survive judicial challenges in the receiving jurisdiction. I also raise general concerns about transfers of restrictive immigration measures. I criticise the opaque nature of the forums in which these transfers occur and question the quality of the information relied upon by policy makers in the transfer process. I argue that at times, transfers of restrictive immigration measures are motivated by competition, as countries seek to outdo the deterrent measures introduced in comparator jurisdictions. This competition has given rise to a ‘race to the bottom’ that has the potential to unravel the international refugee protection regime.
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Ladzinski, Ursula Cecylia. "No Ordinary Life: Early migrant experiences of second generation displaced persons in Australia." Thesis, Curtin University, 2016. http://hdl.handle.net/20.500.11937/55064.
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Using grounded theory methodology and interviews, this study explores the experiences of second generation displaced persons from Polish and German background who grew up in Australia post-World War Two. Many of this cohort, from their early years, experienced: limited social, economic, and cultural capital; assimilation; and lived in war-affected families. It was, therefore, important that they became resilient and adaptable. Emergent from the research are the theoretical concepts of “parallel lives” and “circle of protection”.
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Perry, Katherine Nicole. "Detesting brutality British Parliament and the method of detention during the state of emergency in Kenya, 1952-1960 /." View electronic thesis (PDF), 2009. http://dl.uncw.edu/etd/2009-3/rp/perryk/katherineperry.pdf.
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Iakobishvili, Ekaterine. "Exploring the applicability and limitations of international human rights law to the protection of transgender persons : a case study on detention." Thesis, University of Essex, 2018. http://repository.essex.ac.uk/21964/.
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This thesis explores and analyses the applicability and limitations of human rights law as it applies to transgender persons. As such limitations are most evident in a strictly sex segregated spaces, the thesis proposes a case study on detention to illustrate potential conflict between the binary models of the sexes, gender fluidity and application of international human rights law to those with transgender or non-binary gender identity. For this, the thesis reviews international human rights law sources, queer theory literature and transgender and non-binary gender studies. This research examines the issues of transgender and non-binary identities and their recognition in law, including developments in international human rights law and the recognition of transgender identities in human rights instruments. The thesis considers issues such as underlying principles of human rights, and substantive rights applicable to transgender persons while surveying the national jurisprudences to assemble and fully examine the available models of transgender recognition in law. The case study on detention analyzes the lived experiences of transgender prisoners and their life stories. It examines the international standards on the treatment of transgender prisoners and their human rights. The scope and applicable framework of protection is also discussed, considering the tension between binary nature of prisons and transgender persons’ non-binary gender. Overall, this thesis initiates a discussion about the binary/non-binary dichotomy in the prison context and asks a series of questions as to how transgender and non-binary gender identities can be accommodated in the prison context. It concludes with a number of recommendations for a deeper understanding of sex/gender and prison dichotomy both in theory and practice. The thesis also offers practical recommendations to international human rights mechanisms to provide specific guidelines on the application of human rights law to transgender and other non-binary gender prisoners.
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Tannam, Gerard Desmond. "The police and their dealings with mentally-abnormal persons." Thesis, [Hong Kong : University of Hong Kong], 1992. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13302632.
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Rivas, Lorena. "Stuck in Survival Mode: The Impact of Australian Immigration Detention on Women's Physical, Mental and Social Wellbeing." Thesis, Griffith University, 2022. http://hdl.handle.net/10072/419698.
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Irregular migration policies differ across western nations, nevertheless, a practice almost all have in common is the use of immigration detention. The detention facilities are intended to deter, manage, and deport unauthorised arrivals. Australia’s approach to immigration detention has been unique compared to other countries for two main reasons. Firstly, in recent decades Australia has utilised long-term, indefinite detention rather than holding people in immigration detention facilities for the shortest time possible. The amount of time people are held within these facilities by the Australian government has increased considerably over the past decade from an average of 81 days in 2013 to 689 days in 2021. Second, Australia’s use of offshore detention facilities in the Republic of Nauru and Manus Island to house detainees has been exceptional, though other countries such as the United Kingdom recently appear to be adopting this approach too.
The rising use of mandatory immigration detention by western nations such as Australia is a controversial topic. Over the past decade, this has been highlighted by media reports, public debate and a growing body of research criticising this policy approach (particularly the length of detention and conditions to which detainees are subject). Current literature details the prevalence of a range of wellbeing issues that detainees experience, either because of or which are exacerbated by their detention in these facilities. Despite the problems of immigration detention being widely recognised, the practice persists. Most of the previous research concerned with the experience of immigration detention focuses on the general immigration detention population, which mainly consists of men. The aim of this thesis was to address the existing gap in the literature by focusing on the experiences of women held in long-term immigration detention in Australia. The research broadly asks what impact long-term immigration detention has on women’s physical, mental, and social wellbeing. Crewe's (2015) framework, which conceptualises the experiences of prisoners and detainees, guided the data collection and analysis with its four dimensions of depth, weight, tightness, and breadth of detention conditions.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Crim & Crim Justice
Arts, Education and Law
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Skinner, Donald. "Factors caregivers believe helped their preschool children to cope with a parent's detention and subsequent events : a study from the Western Cape." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/14324.
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Bibliography: leaves 43-46.An exploratory study of factors that caregivers felt helped their child, in preschool at the time of the detention, to cope with a parent's detention was conducted. It is part of a broader study looking at the consequences for these children of the parent's detention. Semi-structured, depth interviews were conducted with the prime caregivers of the child, in 1986 and then a follow-up study was done in 1988. The original sample contained 19 subjects between the ages of two and six years, from a range of contexts. In the follow-up study 13 caregivers were re-interviewed. The research was done in cooperation with community groups who provided the contacts and gave direction. Caregivers reported a wide range of factors which they felt assisted coping, with varying levels of success. Results are reported in brief before a more detailed discussion is entered into, including case reports. The most commonly cited factor was the availability and use of social support and support structures, which appeared to be extensive in most cases. Family centered coping strategies were reported to be important where they were applied, particularly if the family was able to sit down as a whole and address the problems it faced. Politically centered strategies were also used. The focus in these was on obtaining information on detention so as to make sense of the situation and the use of political structures to give vent to emotions. Other aspects of coping not covered by the above areas include strategies such as keeping a regular routine. As was found in the 1986 study (Skinner and Swartz,L., 1989), security of life following the detention was found to be important in assisting the child to come to terms with the previous stressor.
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Persian, Jayne. "Displaced persons (1947-1952) : representations, memory and commemoration." Thesis, School of Philosophical and Historical Inquiry, 2011. http://hdl.handle.net/2123/10597.
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Santos, Valdirene Ferreira [UNESP]. "Sobre a imigração ilegal na Europa e os espaços de exceção: o caso dos centros de internamento para estrangeiros na Espanha." Universidade Estadual Paulista (UNESP), 2014. http://hdl.handle.net/11449/116064.
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Este trabalho analisa a política de criminalização da imigração irregular dentro do espaço político e social da União Europeia (UE) a partir dos anos 1990, focando a atenção nos centros de detenção especializados para imigrantes ilegais. Discute-se a crescente proliferação desses espaços de confinamento nos países europeus, no contexto de crise do Estado de Bem Estar Social, como uma construção de resposta política securitária às novas formas de marginalidade geradas pelo capitalismo tardio na era da globalização. Nessa perspectiva, procurou-se investigar o papel que os centros de detenção desempenham no âmbito de um conjunto de medidas de exceção contra os imigrantes indocumentados e irregulares, as quais limitam e obstruem o acesso dos não cidadãos europeus mais pobres aos direitos humanos fundamentais, como o direito de ir e vir, e aos serviços sociais oferecidos à população das sociedades de destino. Para explicar o sentido dessa política de exclusão de direitos, e inserção das categorias de imigrantes, consideradas ilegais, no conjunto de dispositivos de controle governamental em regime fechado, centrou-se atenção no estudo de caso dos Centros de Internamento para Estrangeiros na Espanha, como um exemplo dos espaços de exceção que são instituídos pela política de transformação do modelo de Estado-Providência em um paradigma político de Estado penal e carcerário. Em termos metodológicos, além de uma revisão bibliográfica de textos especializados, realizou-se uma análise de documentos referentes à legislação da UE e à legislação da Espanha, acerca da regulamentação da política migratória levada a cabo pelos países desse bloco político e econômico, e do Estado espanhol, em particular, nas últimas décadas. Na etapa da análise documental, ainda explorou-se, de forma exaustiva, relatórios e estudos de organizações não-governamentais, bem como pareceres da ...
This paper analyzes the policy of criminalization of irregular migration within the political and social space of the European Union (UE) from the 1990s, focusing attention in specialized centres of detention for illegal immigrants. Discusses the growing proliferation of these spaces confinement in European countries, in the context of crisis the State Social Welfare, as a construction of a security policy response to the new forms of marginality generated by late capitalism in the age of globalization. On this perspective, we sought to investigate the role that the detention centers exercise within a set of emergency measures against undocumented and irregular migrants, which restrict and obstruct the access of non-Europeans poorest fundamental human rights, as the right to come and go, and social services offered to the population of the societies of destination. To explain the meaning of this policy of exclusion rights, and inclusion of categories of immigrants, considered illegal in the whole of government devices of control in a closed system, focused attention on the case study of Internment Centres for Foreigners in Spain as an example of spaces of exception that are imposed by the transformation of the welfare state model in a political paradigm of state penal and correctional policy. In methodological terms, further a bibliographic review of specialized texts, we held an analysis of documents relative to legislation of UE and the legislation of Spain, about the regulation of migration policy pursued by countries that political and economic bloc, and of Spanish state, in particularly, in recent decades. In step of document analysis, still explored exhaustively, reports and studies of non-governmental organizations, as well as reports of the United Nations (UN) and the European Parliament, with the intention of to obtain data and identify standpoint of ...
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Santos, Valdirene Ferreira. "Sobre a imigração ilegal na Europa e os espaços de exceção : o caso dos centros de internamento para estrangeiros na Espanha /." Araraquara, 2014. http://hdl.handle.net/11449/116064.
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Orientador: João Carlos Soares ZuinBanca: Renata Medeiros Paoliello
Banca: Ígor José de Renó Machado
Resumo: Este trabalho analisa a política de criminalização da imigração irregular dentro do espaço político e social da União Europeia (UE) a partir dos anos 1990, focando a atenção nos centros de detenção especializados para imigrantes ilegais. Discute-se a crescente proliferação desses espaços de confinamento nos países europeus, no contexto de crise do Estado de Bem Estar Social, como uma construção de resposta política securitária às novas formas de marginalidade geradas pelo capitalismo tardio na era da globalização. Nessa perspectiva, procurou-se investigar o papel que os centros de detenção desempenham no âmbito de um conjunto de medidas de exceção contra os imigrantes indocumentados e irregulares, as quais limitam e obstruem o acesso dos não cidadãos europeus mais pobres aos direitos humanos fundamentais, como o direito de ir e vir, e aos serviços sociais oferecidos à população das sociedades de destino. Para explicar o sentido dessa política de exclusão de direitos, e inserção das categorias de imigrantes, consideradas ilegais, no conjunto de dispositivos de controle governamental em regime fechado, centrou-se atenção no estudo de caso dos Centros de Internamento para Estrangeiros na Espanha, como um exemplo dos espaços de exceção que são instituídos pela política de transformação do modelo de Estado-Providência em um paradigma político de Estado penal e carcerário. Em termos metodológicos, além de uma revisão bibliográfica de textos especializados, realizou-se uma análise de documentos referentes à legislação da UE e à legislação da Espanha, acerca da regulamentação da política migratória levada a cabo pelos países desse bloco político e econômico, e do Estado espanhol, em particular, nas últimas décadas. Na etapa da análise documental, ainda explorou-se, de forma exaustiva, relatórios e estudos de organizações não-governamentais, bem como pareceres da ...
Abstract: This paper analyzes the policy of criminalization of irregular migration within the political and social space of the European Union (UE) from the 1990s, focusing attention in specialized centres of detention for illegal immigrants. Discusses the growing proliferation of these spaces confinement in European countries, in the context of crisis the State Social Welfare, as a construction of a security policy response to the new forms of marginality generated by late capitalism in the age of globalization. On this perspective, we sought to investigate the role that the detention centers exercise within a set of emergency measures against undocumented and irregular migrants, which restrict and obstruct the access of non-Europeans poorest fundamental human rights, as the right to come and go, and social services offered to the population of the societies of destination. To explain the meaning of this policy of exclusion rights, and inclusion of categories of immigrants, considered illegal in the whole of government devices of control in a closed system, focused attention on the case study of Internment Centres for Foreigners in Spain as an example of spaces of exception that are imposed by the transformation of the welfare state model in a political paradigm of state penal and correctional policy. In methodological terms, further a bibliographic review of specialized texts, we held an analysis of documents relative to legislation of UE and the legislation of Spain, about the regulation of migration policy pursued by countries that political and economic bloc, and of Spanish state, in particularly, in recent decades. In step of document analysis, still explored exhaustively, reports and studies of non-governmental organizations, as well as reports of the United Nations (UN) and the European Parliament, with the intention of to obtain data and identify standpoint of ...
Mestre
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Makasana, Velile. "The onus of proof and presumption of innocence in South African bail jurisprudence." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020911.
Full textAbstract:
The South African criminal justice process is such that there is an inevitable lapse of time between the arrest of the offender and his or her subsequent trial. The pre-trial incarceration presents a special problem. Between the arrest of the accused and release, the accused is being deprived of his or her liberty in circumstances where no court of law has pronounced him or her guilty. The right to bail is well entrenched in South African criminal justice system both in the Constitution Act and Criminal Procedure Act. Bail is always in the form of contract between the State and the accused, even though at times it may be opposed by the State. In the past the legal position based on the case law was that the presumption of innocence in bail proceedings operated in favour of the applicant even where it was said that there was a strong prima facie case against him or her. This position has slightly changed in that the courts in bail applications are not concerned with guilt, but that of possible guilt only to the extent that it may bear on where the interests of justice lie in regard to bail. The onus of proof in bail applications, other than Schedule 5 and 6 offences is borne by the State. Where Schedule 5 or 6 is applicable the onus is on the applicant. There are different requirements between schedule 5 and 6 that must be met by the applicant before release on bail is granted. In Schedule 5 offences the bail applicant must satisfy the court that the interests of justice permit his or her release. In determining whether the interests of justice permit the release of a particular applicant on bail, the courts are guided by the provisions of section 60(4) to (9) inclusive of section (11B)(c) of the Criminal Procedure Act. In such determination the courts must also take into account of section 60(60)(a) to (g) of the Criminal Procedure Act. In Schedule 6 offences there are two requirements namely: the exceptional circumstances and the interests of justice. The term “exceptional circumstances” does not have a closed definition. Both requirements must be established by means of written or oral evidence to the satisfaction of the court before bail may be granted. As pointed out above, the State may still oppose the release on bail of the applicant. It is now accepted in bail applications that ordinary circumstances may in particular context be blended with exceptional or unusual elements. In such cases the court is expected to apply its independent evaluation of evidence in order to determine whether the exceptional circumstances in the interests of justice permit the release on bail. Similarly to the South African bail jurisprudence the Rome Statute of the International Criminal Court recognises a right of the arrested person to apply for the interim release. It also recognises the need to establish exceptional circumstances for such release. The South African bail jurisprudence recognises the right to bail, and places reasonable and procedural limitations founded on the constitutional values and interests of justice. There are still practical challenges that need to be addressed as a results of the stringent requirements in section 60(11)(a) and (b) of the Criminal Procedure Act that relate to Schedule 5 and 6. It is therefore recommended that there is a need for the following: 1. Legislative intervention that will regulate and limit the time spent on investigations where bail has been refused. 2. Legislative intervention that will provide for an automatic review procedures in Schedule 5 or 6 offences where bail is refused on grounds that the interests of justice do not permit the release of the applicant on bail or for failure to prove exceptional circumstances. It is submitted that this may assist in reducing refusals of bail based on mistaken understanding of the law or facts or irregularities that may be prejudicial to the applicant or the administration of justice; or 3. Legislative intervention that will make it mandatory for a court that refuses to grant bail to reconsider its decision after a certain period in future provided that the trial has not been commenced with, in order to determine whether further incarceration is necessary or proportionate to the offence. It is submitted that this may assist the court to enquire into unreasonable delays on investigations or changed circumstances of the applicant in order to enable the court to reconsider its previous decision if necessary. This may further assist in offences where it is foreseeable that the trial court is likely to pass a partly or wholly suspended sentence in case of conviction. For example some cases fall within the scope of Schedule 5 by virtue of a previous conviction on Schedule 1 or release on bail on a Schedule 1 offence. The above recommendations may directly or indirectly contribute in balancing the scales of justice during the bail proceedings and its aftermath. These may contribute to the reduction of high numbers of the in custody awaiting trial prisoners while not compromising the current bail procedures.
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Yu, Xin 1956. "Conceptualising and assessing intercultural competence of tour guides : an analysis of Australian guides of Chinese tour groups." Monash University, Dept. of Management, 2003. http://arrow.monash.edu.au/hdl/1959.1/5637.
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Afshani, Hadieh. "Double Displacement: The Iranian Immigrant Experience." Thesis, Griffith University, 2017. http://hdl.handle.net/10072/368180.
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In a TED talk given in 2010, Iranian visual artist Shirin Neshat articulated the two battles that the Iranian diaspora are engaged in—one is against their government, whose regime gives cause to flee, and the other is against the Western perceptions of Iranian identity that Iranians face after immigrating. My experience of emigrating from Iran to Australia is consistent with Neshat’s statement. I call the feeling of being a nomad or not belonging anywhere ‘double displacement’, an idea central to this Master of Visual Arts project. Through painting, I have considered the ways in which people maintain their identity and
cultural vision after experiencing the disruption and displacement of immigration.
I am interested in what the experience of double displacement (from the birth country and the new destination country) means and how it feels, especially from a Middle Eastern perspective. The end result of this series of works is something like a visual diary recorded by a woman with a Persian-poetic view of experience. To describe double displacement, I have used metaphoric and metonymic visual elements that refer to transience, including doorways, corridors, or light coming from one space to another sited within intimate places and interiors.
The purpose of this research is to visually encapsulate the experience of doubly displaced immigrants. Through this research, I have attempted to find a more nuanced language with which to understand double displacement via the visual and material language of painting.Thesis (Masters)
Master of Visual Arts (MVA)
Queensland College of Art
Arts, Education and Law
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Dyer, Andrew. "Can Charters of Rights Limit Penal Populism? Irreducible Life Sentences, Disproportionate Sentences and Preventive Detention in Australia and under the Human Rights Act 1998 (UK) & the European Convention on Human Rights." Thesis, The University of Sydney, 2021. https://hdl.handle.net/2123/24593.
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In this thesis, I argue that human rights charters can improve protections for criminal offenders against penal populist laws that objectify and exclude them. In cases where such laws have been challenged on separation of powers or other grounds in Australia, the Courts have frequently used highly formalistic and unpersuasive reasoning when declining to intervene. On the other hand, in cases where prisoners have alleged that were being punished incompatibly with the European Convention on Human Rights, the UK judges and the judges of the European Court of Human Rights (‘ECtHR’) – particularly the latter – have adopted a more assertive approach. In so doing, they have interpreted Convention rights as they should: they have sought to place liberal constraints on democratic action, while also being careful not to move too far ahead of the popular will. However, recent charter overrides in the Australian State of Victoria – and Westminster’s hostility to the ECtHR’s decisions in the prisoner voting case of Hirst (No 2) v United Kingdom [2005] IX Eur Court HR and the irreducible life sentence case of Vinter v United Kingdom [2013] III Eur Court HR 317 – do show that ‘weak-form’ charters will not necessarily grant prisoners all of the benefits that the judiciary would confer on them. Nor would ‘strong-form’ charters certainly do a better job. This does not make human rights charters futile. It simply means that, while such charters can improve the position of prisoners, the extent to which they will do so depends on all the circumstances – including charter design and the political culture in the relevant jurisdiction.
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Winter, Kristy A. "Preliminary sex and stature estimation of the humerus for a contemporary Australian sub-population." Thesis, Queensland University of Technology, 2019. https://eprints.qut.edu.au/134065/1/Kristy_Winter_Thesis.pdf.
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Biological profiles (ancestry, sex, age and stature) of skeletal remains assist with the identification of missing persons. Standards for estimating the sex and/or stature for the humerus of an Australian population are yet to be developed. This research aims to develop sex and stature estimation equations for the humerus specifically for a Queensland population. Samples consisted of humeral PMCT Digital Imaging and Communications in Medicine (DICOM) datasets from a contemporary Caucasian Australian adult sub-population, aged between 17-90 years, obtained from the Brisbane Mortuary and QUT's Medical Engineering Research Facility from 2016 – 2018. Threshold based segmentation was conducted to form 3D models of the humeri, which was then measured according to the five standardised measurements of the humeri. This thesis presents the results of the preliminary sex and stature estimation equations developed from this research and their utility to contemporary missing persons casework.
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Askam, Richard. "Memory, truth and justice: A contextualisation of the uses of photographs of the victims of state terrorism in Argentina, 1972-2012: Communicating an intersection of art, politics and history." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2014. https://ro.ecu.edu.au/theses/1339.
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Photographs of the victims of Argentine state terrorism from 1972 to 1983, and most prominently those of the detained-disappeared victims of the Proceso de Reorganización Nacional dictatorship (1976-1983), have had a significant role in elucidating the demands of human rights activists since the aftermath of the Trelew Massacre in 1972. In this thesis I examine the role of photographs of victims of state terrorism in the construction of unofficial, or counter, narratives critical of those produced by two dictatorships and by elected democratic administrations in the demand for truth and justice, and in the construction of social memory. I discuss how the photographs have operated during distinct historical periods and the threads that have emerged in response to the longer timeframe of state terrorism (1972-1983), in terms of what sociologist Daniel Feierstein (2011) calls explanatory frameworks. Feierstein’s term looks at how state terrorism has been approached in distinct political periods. Those explanations include war and genocide
In order to answer the questions; how do bodies of photographs articulate and at times drive political and social debates regarding state repression in Argentina, and how are they used to frame an understanding of state violence during changing political conditions?, the study embeds the use of photographs by artists and activists within an extensive historical narrative constructed from the data retrieved from a number of key publications from the 1970s and 1980s and archival documents and photographs held by human rights organisations in Argentina.
The study addresses significant gaps in existing scholarship. Much existing literature focuses on the Mothers of the Plaza de Mayo’s use of photographs of the detained-disappeared victims of the Proceso de Reorganización Nacional during that dictatorship. These analyses are dominated by the application of Barthesian photographic theory that rests on photography’s capacity to simultaneously represent absence and presence (Barthes, 1981; Longoni, 2010; Tandeciarz, 2006; Taylor, 2002). That period is one significant part of a longitudinal campaign conducted in Argentina from 1972. This thesis furthers the discussion, particularly in the examination of the continued use of photographs by one of the two factions of the organisation; the Mothers of the Plaza de Mayo: Founding Line, following the organisation’s 1986 split, and by an examination of the role of a small number of photographs of victims taken in a Clandestine Detention Centre (CDC).
From the Proceso the use of photographs has been informed by the imposition of limits with respect to information on the fate of victims and by the demand for information on the victims. The small number of state produced photographs or repressive photographs (Sekula, 1986) emerged into the public realm in 1984 and formed part of the records produced for all victims held in Clandestine Detention Centres.
Allan Sekula’s honorific and repressive photographic poles underpins my analysis of the importance of photographs during distinct political periods and their uses in art works, the legal arena, and in demonstrations. I examine how those repressive and honorific (Sekula, 1986) and disciplinary photographs (Tandeciarz, 2006) which originated in the family realm or non repressive state agencies have underpinned the pursuit of truth and justice. Only through an extensive examination do core aspects of the uses of photographs of victims of state terrorism emerge with clarity.
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Schindeler, Emily Martha. "A genealogy of the problematic of homelessness and the homeless in Australia." Thesis, Queensland University of Technology, 2010. https://eprints.qut.edu.au/32068/1/Emily_Schindeler_Thesis.pdf.
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The homeless have been subject to considerable scrutiny, historically and within current social, political and public discourse. The aetiology of homelessness has been the focus of a large body of economic, sociological, historical and political investigation. Importantly, efforts to conceptualise, explain and measure, the phenomenon of homelessness and homeless people has occurred largely within the context of defining “the problem of the homeless” and the generation of solutions to the ‘problem’. There has been little consideration of how and why homelessness has come to be seen, or understood, as a problem, or how this can change across time and/or place. This alternative stream of research has focused on tracing and analysing the relationship between how people experiencing homeless have become a matter of government concern and the manner in which homelessness itself has been problematised. With this in mind this study has analysed the discourses - political, social and economic rationalities and knowledges - which have provided the conditions of possibility for the identification of the homeless and homelessness as a problem needing to be governed and the means for translating these discourses into the applied domain. The aim of this thesis has been to contribute to current knowledge by developing a genealogy of the conditions and rationalities that have underpinned the problematisation of homelessness and the homeless. The outcome of this analysis has been to open up the opportunity to consider alternative governmental possibilities arising from the exposure of the way in which contemporary problematisation and responses have been influenced by the past. An understanding of this process creates an ability to appreciate the intended and unintended consequences for the future direction of public policy and contemporary research.
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Winter, Satine Hyacinth. "Navigating the battleground: autism policy and human rights for children with autism spectrum disorders in Australia." Thesis, Griffith University, 2017. https://doi.org/10.25904/1912/3455.
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The purpose of this study was to explore the Helping Children With Autism (HCWA) package, which is a public website on Australian autism policy with a particular consideration of how the HCWA package positioned parents when they engaged with this federal government initiative. The study also aimed to examine how and to what extent the HCWA package aligned with international human rights standards using the Convention on the Rights of Persons with Disabilities. This study was underpinned by a theoretical framework that combined the sociology of Zygmunt Bauman and the models of disability (charity, medical, social, human rights) with human rights.
The nature and complexity of autism spectrum disorder (ASD) presents challenges to parents raising their child with ASD, which often results in uncertainty about their rights and responsibilities alongside those of the government, and State. In 2008 the Australian Government attempted to solve the policy problem of autism and implemented the HCWA package in response to parents’ pleas for help in raising their child with ASD (Palm Consulting Group, 2005, June 20). The HCWA package was the first autism specific policy in Australia and aimed to provide funding, support, and services for children with ASD and their families (Minister for Families Community Services and Indigenous Affairs, 2007). The HCWA package is currently being superseded by the rollout of the National Disability Insurance Scheme (NDIS) across Australia and hence the opportunity to benefit from a close exploration of the HCWA may contribute to this process.
Limited research evaluating the effectiveness of the HCWA package has been conducted. No study has evaluated the parent perspective on the HCWA initiative as a policy and there were insufficient studies of parents’ reactions to the HCWA package (Prior, Roberts, Rodger, & Williams, 2011; Wicks & O'Reilly, 2013; K. D. Wilson, 2013; K. D. Wilson & Watson, 2011). Moreover, there is limited research on disability policy compliance with human rights standards, especially in Australia. Research on the HCWA package is important because it has the potential to identify areas of strength and weakness from a consumer and human rights perspective and helps inform future government policies and initiatives such as the NDIS and to improve the quality of life for children with ASD.
A qualitative approach of Multimodal Critical Discourse Analysis (MCDA) was used to examine the HCWA package across three landing pages from two government departments: FaHCSIA and DEEWR. In 2013 data were selected from the HCWA package over several months during the implementation of the HCWA package across Australia. The researcher, as a parent of a child with ASD, selected and analysed the data to explore how the HCWA package positioned parents when they engaged with this federal government initiative. Kress and van Leeuwen’s (2006) grammar of visual design provided a framework to analyse online web content using the researcher as viewer of the policy. The e-government autism policy was further analysed in terms of web accessibility and compliance with regulatory guidelines for federal government department websites.
The findings from this study reveal that the Australian Government positioned parents of children with ASD as consumers of the product of autism policy, in this case the HCWA package. This positioning was framed within a discourse of charity and medical models of disability that viewed autism as a problem of the individual and provided charity through funding, supports, and services (e.g. medical and education professionals). The charity and medical models of disability were entwined within a broader discourse of power where the Australian Government had power, position, and authority as experts over parents of children with ASD. This unequal distribution of power added to the tensions within the autism community and the cycle of blame between parents and professionals.
Good parenting - as it was constituted by the HCWA package - involved being informed and educated and willing to follow the advice of the Australian Government. Good parents furthermore complied with traditional western gender roles where women were viewed as the primary caregivers and nurturers of children with ASD, particularly in the early years. The Australian Government also positioned parents as neoliberal citizens who were responsible for the success of raising their child with ASD and the outcomes of that child in life and within society. Lastly, the study found that the HCWA package did not align with all general principles of Article 3, Convention on the Rights of Persons with Disabilities and was thus regarded as indicative of a violation of human rights for children with ASD in Australia.
Based on these findings, the study presents recommendations concerning the parent-as-consumer role in autism policy in meeting the best interests and needs of children with ASD and their families, which also have relevance to the current transition to the NDIS in Australia. An eight-step model is proposed to improve parent information and health literacy on ASD, which is important for improving parent decision-making for their child with ASD. In particular, a newly framed human rights model of disability is recommended as a means of moving forward from the social model of disability in critical disability studies and for advancing the rights of children with ASD in theory and in practice.
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Winter, Satine Hyacinth. "Navigating the Battleground: Autism Policy and Human Rights for Children With Autism Spectrum Disorders in Australia." Thesis, Griffith University, 2017. http://hdl.handle.net/10072/367806.
Full textAbstract:
The purpose of this study was to explore the Helping Children With Autism (HCWA) package, which is a public website on Australian autism policy with a particular consideration of how the HCWA package positioned parents when they engaged with this federal government initiative. The study also aimed to examine how and to what extent the HCWA package aligned with international human rights standards using the Convention on the Rights of Persons with Disabilities. This study was underpinned by a theoretical framework that combined the sociology of Zygmunt Bauman and the models of disability (charity, medical, social, human rights) with human rights.
The nature and complexity of autism spectrum disorder (ASD) presents challenges to parents raising their child with ASD, which often results in uncertainty about their rights and responsibilities alongside those of the government, and State. In 2008 the Australian Government attempted to solve the policy problem of autism and implemented the HCWA package in response to parents’ pleas for help in raising their child with ASD (Palm Consulting Group, 2005, June 20). The HCWA package was the first autism specific policy in Australia and aimed to provide funding, support, and services for children with ASD and their families (Minister for Families Community Services and Indigenous Affairs, 2007).Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Education and Professional Studies
Arts, Education and Law
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Keenan, Anthony Michael. "The Boys' Reformatory Brooklyn Park : a history, 1898-1941." Title page, contents and abstract only, 1988. http://web4.library.adelaide.edu.au/theses/09ED.M/09ed.mk26.pdf.
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Duffy, Maureen T. "The U.S. immigration detentions in the war on terror : impact on the rule of law." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82658.
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The terrorist attacks on September 11, 2001, resulted in dramatic legal changes in the U.S. As part of its investigation into the attacks, the U.S. Government detained approximately 5,000 "aliens" from predominantly Muslim countries. These detentions were characterized by minimal, and sometimes non-existent, habeas corpus and due-process protections. During times of crisis, care should be taken that panic not be allowed to prevail over long-cherished constitutional values. This thesis examines Government actions in light of constitutional principles to examine the larger question of whether the War on Terror detention practices have permanently undermined the rule of law in the U.S.The factual and legal scenarios in this area have been changing at a rapid rate, and they will certainly continue to change. Those constant changes have presented a special challenge in writing this thesis. The facts and legal scenarios described herein, therefore, are current as of January 31, 2005.
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Scrivener, Gladys. "Rescuing the rising generation : industrial schools in New South Wales, 1850-1910." Thesis, [Campbelltown, N.S.W. : The Author], 1996. http://handle.uws.edu.au:8081/1959.7/376.
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The Industrial Schools Act introduced State coercion into the ‘childcare’ of the colony, and industrial schools became legal enforcers for other welfare institutions. This thesis provides an account of two industrial schools in nineteenth and early twentieth century New South Wales, focusing on the children and the lives they lived within the institutions and relying heavily upon primary sources. NSS Vernon enrolled destitute, neglected and delinquent boys. The curriculum, combined with an elaborate system of rewards, proved effective as reformative agents and after 1911 the ship’s coercive function was taken over by other reformatory schools and by a system of probation. About one third of girls admitted to ISG Newcastle were older, sexually delinquent girls. Inappropriate site, inadequate preparation, insufficient and untrained staff, lack of suitable curriculum and denial of support from the Colonial Secretary led to total failure of the school. Physical and verbal abuse was in evidence at Newcastle and resurfaced after the change of enrollments to mostly older girls about the time of the school’s transfer to Parramatta in 1887. After 1905 committals were aimed at maintaining street order and parental authority, to house the ‘uncontrollables’ and ‘incompetents’ and to provide a lock hospital for the control of venereal disease. The expressed purpose of the school to provide ‘good useful women’ dovetailed neatly with the introduction of probation, mostly for boys, which was enforced ‘through the mother’
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Kilian, Clive Linton. "The status of the Al Qaeda and Taliban detainees at Guantanamo bay." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/826.
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The United States of America has in its custody several hundred Taliban and Al Qaeda combatants who were captured after the September 11, 2001 attack and during the war in Afghanistan. These prisoners are incarcerated at the Guantanamo naval base in Cuba. The treatment given to these detainees has elicited widespread criticism, as well as unprecedented intellectual and legal debates regarding prisoners of war. In order to fully understand the position of the Guantanamo Bay detainees, one has to be aware of the origins of the prisoner-of-war phenomenon. From biblical times, through the countless conflicts that were waged across the globe through the ages, the concept of “prisoner of war” gradually evolved. Growing concern for the plight of prisoners of war was paralleled by the development of the laws of war, which sought to regulate the conduct of combatants during an armed conflict. The laws of war that have bearing on modern day States are those documented in the Geneva Conventions. The Geneva Conventions regulate armed conflicts and set out the requirements for prisoners of war, as well as their trial rights. The United States, in declaring the Guantanamo Bay detainees “unlawful combatants” or “illegal enemy combatants”, terms which are undefined in International Law, have sought to evade the prescripts of the Geneva Conventions. In direct contravention of the Geneva Conventions, the Guantanamo Bay detainees are denied the right to humane treatment, a fair trial and due process of the law. Prior to Hamdan vs Rumsfeld, the United States’ position was challenged with very little success. The Supreme Court, in Hamdan vs Rumsfeld, directed the president to accord the detainees the protections of the Third Geneva Convention. The relief brought by this decision was very short lived. In September 2006 the United States Congress passed the Military Commissions Act of 2006. This Bill gives the president of the United States unfettered power in dealing with anyone suspected of being a threat to the State, as well as the authorisation to interpret and apply the Geneva Conventions according to his sole discretion.
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Rogalla, Barbara, and com au BarbRog@iprimus. "Framed by Legal Rationalism: Refugees and the Howard Government's Selective Use of Legal Rationality; 1999-2003." RMIT University. Global Studies, Social Science and Planning, 2007. http://adt.lib.rmit.edu.au/adt/public/adt-VIT20080122.100946.
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This thesis investigated the power of framing practices in the context of Australian refugee policies between 1999 and 2003. The analysis identified legal rationalism as an ideological projection by which the Howard government justified its refugee policies to the electorate. That is, legal rationalism manifested itself as an overriding concern with the rules and procedures of the law, without necessarily having concern for consistency or continuity. In its first form, legal rationalism emerged as a
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Vant, Megan. "In Legal Limbo? The status and rights of detainees from the 2001 war in Afghanistan." The University of Waikato, 2007. http://hdl.handle.net/10289/2448.
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During the 2001 war in Afghanistan hundreds of people associated with the Taliban or al Qaeda were arrested by United States forces and transported to the Naval Base at Guantanamo Bay, Cuba. The legal status and treatment of these detainees has been an ongoing problem over the last five years. The majority have been given no recourse to justice and allegations of inhuman treatment and torture have been frequent. The first issue raised by the incarceration of these people is whether any of them may be entitled to Prisoner of War status. The evidence shows that, in general, the Taliban and al-Qaeda fighters were not lawful combatants, and hence they are not entitled to Prisoner of War status. While the rights of Prisoners of War are well documented and generally uncontested, the rights of people not entitled to Prisoner of War status are not so easily definable. Despite classification as unlawful or unprivileged combatants, the detainees are not in legal limbo - they are still entitled to the benefit of certain fundamental human rights. There are applicable protections under the Fourth Geneva Convention, Additional Protocol I, the International Covenant on Civil and Political Rights and the United Nations Convention Against Torture. The main rights upheld by these documents are the right to liberty and freedom from arbitrary detention; the right to a fair trial; and the right to life. Furthermore, there is a requirement of humane treatment and an absolute prohibition on torture. Reports from international humanitarian watchdogs such as the International Committee of the Red Cross, Amnesty International and Human Rights Watch suggest that the United States Government is not upholding the rights held by the detainees. It is essential that the United States Government recognises the fundamental rights owed to the detainees and ensures that they receive the requisite treatment and access to justice.
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Garcia, Fernanda Di Flora 1986. "Sobre os centros de permanência temporária na Itália e a construção social da não-pessoa." [s.n.], 2011. http://repositorio.unicamp.br/jspui/handle/REPOSIP/279005.
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Orientadores: Maria Lygia Quartim de Moraes, João Carlos Soares ZuinDissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas
Made available in DSpace on 2018-08-17T17:04:07Z (GMT). No. of bitstreams: 1 Garcia_FernandaDiFlora_M.pdf: 1527594 bytes, checksum: 0fb8462a4b390edbcf3dbf76730c13f1 (MD5) Previous issue date: 2011
Resumo: Desde o início da década de 1990, os países-membros da União Européia tem se movido em direção a políticas e leis de imigração cada vez mais repressivas, punitivas e de amplo caráter discriminatório. A intensificação desta política bem como a militarização progressiva de suas fronteiras tem construído o fenômeno político denominado fortaleza Europa, constituído por muros reais e virtuais, pela vigilância constante tanto dos limites territoriais como do próprio espaço público e pelas práticas sancionadas pelos Estados de estigmatização dos imigrantes, refugiados e solicitantes de asilo com base em sua origem cultural, fenótipo e etnia. Neste contexto, o Estado italiano aparece como um caso exemplar desta nova política, pautada pela ótica da emergência, da exclusão de todos os seres considerados indesejáveis e pelo racismo de ordem cultural, que concebe o estrangeiro como incapaz de se adaptar aos valores ocidentais, sobretudo aos valores italianos. Esta dissertação tem como objeto a política italiana para imigração, cujo pilar principal é constituído pela instauração dos Centros de Permanência Temporária, espaço de exceção nos quais são confinados os imigrantes ilegais, refugiados e solicitantes de asilo, e nos quais se efetua a espoliação do estatuto jurídico destes seres, convertendo-os em não-pessoas. Nesse sentido, a análise destes espaços e da política que os criou pode ser capaz de revelar o sentido da reaplicação de esquemas racistas na configuração das relações sociais,bem como o lugar ocupado pelo paradigma da segurança e da exceção, nos quais se pautam diversos Estados europeus e que redefinem a política na atualidade
Abstract: Since the early 1990s, member states of the European Union (EU) have moved toward policies and immigration laws increasingly repressive, punitive and discriminatory. The intensification of these policies and the gradual militarization of EU's borders have built a political phenomenon called Fortress Europe, which consists of real and virtual walls, constant surveillance by both the territorial limits and the very public space and practices sanctioned by the States of stigmatization of immigrants, refugees and asylum seekers based on their cultural background, ethnicity and phenotype. In this context, the Italian State appears as a striking example of this new policy, guided by the optics of emergency, the exclusion of all beings that are considered undesirable, and by cultural racism that sees the foreigner as unable to adapt to Western values, especially Italian values. This thesis aims at Italian immigration policy, which main point is the establishment of Temporary Stay and Assistance Centers. These centers are states of exception in which illegal immigrants, refugees and asylum seekers are confined to, their legal status is spoiled, and thus, they are turned into non-persons. In this sense, the analysis of these states and the politics that created them may reveal the meaning of racist reapplication regimens in the social relations set, and the place occupied by the security and exception paradigm, in which several European States are governed redefining the political scene today
Mestrado
Sociologia
Mestre em Sociologia
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Soberanis, Solís Laura Marina. "La configuración constitucional de la detención preventiva como límite especifico al derecho a la libertad personal. Sus consecuencias e incidencia sobre otros derechos fundamentales." Doctoral thesis, Universitat Autònoma de Barcelona, 2017. http://hdl.handle.net/10803/457895.
Full textAbstract:
Esta Tesis Doctoral analiza la detención preventiva y los derechos fundamentales con los que ésta se relaciona, en ambos casos considerándolos como instituciones jurídicas de origen ius fundamental. Para el desarrollo de la investigación se tuvo en cuenta, ex arts. 10 y 93 CE, la integración –diferenciada—de distintos sistemas de derechos fundamentales: el de la Constitución, el que nace a partir del Convenio Europeo de Derechos Humanos, el derivado de la Carta de los Derechos Fundamentales de la Unión Europea y el Universal de Derechos Humanos; por tal razón, el método de análisis utilizado permitió la construcción del referente constitucional de cada una de las instituciones abordadas a partir de su previsión en: 1) el texto constitucional y su interpretación a cargo del Tribunal Constitucional, 2) el Convenio Europeo de Derechos Humanos interpretado por el Tribunal Europeo de Derechos Humanos, 3) la Carta de los Derechos Fundamentales de la Unión Europea y la interpretación realizada por el Tribunal de Justicia de la Unión Europea y, de manera complementaria, las previsiones del Pacto Internacional de Derechos Civiles y Políticos y su órgano de vigilancia. En consecuencia, esta Tesis Doctoral descansa principalmente en la doctrina jurisprudencial de los órganos jurisdiccionales previamente mencionados, buscando su sistematización y armonización y, de manera complementaria, se apoya en bibliografía especializada. El trabajo se estructura en cuatro capítulos: El primero se aboca al análisis de la configuración constitucional de la detención a partir de la identificación y estudio de los elementos que la perfilan como institución jurídica constitucional (estructura, finalidad, presupuesto habilitante, contenido, titularidad, ejercicio y límites), los cuales permiten comprender su justificación, naturaleza y eventuales consecuencias. En el segundo se identifican y estudian los derechos fundamentales que deberían asegurarse a toda persona detenida, también se identifican los elementos que delinean el perfil de cada uno de los derechos-garantía (marco constitucional, estructura, función, presupuesto habilitante, contenido, titularidad, ejercicio y límites) para determinar sus alcances, finalidad y trascendencia durante el íter de la detención. En el tercero se analizan las restricciones que con motivo o en el marco de la detención preventiva pueden padecer, al margen de la libertad personal, otros derechos tales como los derechos a la integridad física y moral, a la intimidad personal y al secreto de las comunicaciones, a fin de determinar que afectaciones pueden resultar constitucionalmente válidas o no. En el cuarto se estudian las excepciones que puede haber al régimen general de la Detención Preventiva, sea con motivo de una suspensión general de derechos –art. 55.1 CE— o sea con motivo de la suspensión individual de derechos para el caso de investigaciones correspondientes a la actuación de bandas armadas o elementos terroristas –art. 55.2 CE—.This Doctoral Thesis analyses the preventive detention and those fundamental rights which it is related to, in any case considered as legal institutions on an ius fundamental basis. The research was carried out ex arts. 10 and 93 SC, taking account of the integration of different systems of fundamental rights: the one stablished by the Constitution, the one arising from the European Convention on Human Rights, the one emerging from the Charter of Fundamental Rights of the European Union and the one identified as Universal System of Human Rights. On account of this, the method of analysis allowed the construction of the constitutional reference of each of the abovementioned legal institutions, considering: 1) The constitutional provisions and its interpretation by the Constitutional Court of Spain, 2) The European Convention on Human Rights as interpreted by the European Court of Human Rights, 3) The Charter of Fundamental Rights of the European Union and its interpretation by the Court of Justice of the European Union, and to complement the above, the International Civil and Political Rights Covenant provisions and some of its relevant interpretations. Therefore, this Doctoral Thesis mainly relies on jurisprudential doctrine of the Courts previously referred, seeking to systematise and harmonise it and, as a complement, some specialised bibliography was also used. The Thesis is structured in four chapters: Chapter one discusses the constitutional configuration of preventive detention from the identification and study of the elements shaping it as a constitutional legal institution (structure, purpose, enabling conditions, content, entitlement, exercise and limitations), which allow to understand its justification, nature and potential consequences. The second chapter identifies and scrutinises those fundamental rights which should be guaranteed to every arrested person, furthermore the elements outlining the profile of each of the guarantee-rights are identified (constitutional framework, structure, function, enabling conditions, content, entitlement, exercise and limits) determining the concrete scope, purpose and significance of every right during the detention period. The third chapter analyses possible restrictions on the right to physical and mental integrity, the right to private life and the right to privacy of communications, either by reason or in the context of preventive detention, in order to distinguish between affectations suffered during detention which could have constitutional acceptance and the ones going beyond the constitutional limits. The fourth chapter examines possible exceptions to the ordinary regime of preventive detention, either due to the general suspension of rights –art. 55.1 SC— or on the occasion of the individual suspension of rights in case of investigations related to activities of armed bands or terrorist elements –art. 55.2 SC—.
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Francois, Anne. "Exploiter terres et populations conquises au nom du national-socialisme : l'Ostland dans les Ardennes pendant la Seconde Guerre mondiale." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMC030/document.
Full textAbstract:
En mai 1940, la population ardennaise fuit devant l’arrivée des troupes allemandes. Les ressources économiques et agricoles du département, qui faisaient pourtant l’objet de plans d’évacuation préparés dès les années 1930, sont abandonnées à l’occupant. Quelques semaines plus tard, une vaste zone du nord-est de la France, dont les Ardennes font partie, est déclarée « zone interdite ». Les terres cultivables sont confisquées à leurs propriétaires et prises en charge au profit du Reich par une entreprise appelée Ostland, qui a déjà orchestré un semblable mouvement de spoliation en Pologne depuis son invasion. L’une de ses filiales régionales, la WOL III, met en place dans les Ardennes un vaste projet d’implantation des méthodes agricoles nationales-socialistes qui nécessite une abondante main-d’œuvre. Des agriculteurs allemands, appelés « chefs de culture » sont diligentés sur place et gèrent de grandes exploitations dans lesquelles travaillent plusieurs milliers de prisonniers français et coloniaux ainsi que 5 000 agriculteurs ardennais contraints à se mettre à leur service. Des ouvriers juifs sont également recrutés et des milliers de Polonais, expulsés de leurs villages, sont déportés pour travailler dans ces fermes qui exercent une agriculture intensive. Cette situation engendre des tensions sociales qui s’expriment particulièrement lors de la Libération et lors de procès d’épuration qui visent certains employés de l’Ostland. Les autorités françaises tentent de gérer au mieux la liquidation de l’entreprise allemande et l’organisation du rapatriement des Polonais dans leur pays, deux opérations difficiles qui nécessitent de longs mois. La reconnaissance des victimes de l’Ostland est inégale et tardive puisqu’elle n’intervient qu’à partir des années 1990. Des mémoires distinctes et spécifiques aux différents groupes de travailleurs émergent aussi à cette époque et s’expriment lors de commémorationsIn May 1940, the population of the Ardennes fled from the arrival of the German troops. The economic and agricultural ressources of the department, which yet had been subject to evacuation plans since the thirties, were given up to the occupying forces. A few weeks later, a large area of the North-East of France including the Ardennes was declared « forbidden zone ». The cultivable land was confiscated from its owners and taken over for the benefit of the Reich by a company named Ostland, which had already orchestrated a similar spoliation movement in Poland since its invasion. One of its local subsidiaries, WOL III , set up in the Ardennes a vast project to implement the National Socialist agricultural methods which required an abundant workforce. Some German farmers, called crop managers, were sent out there to run large farms on which several thousands of French and colonial prisoners as well as 5000 Ardennes farmers were working under duress. Jewish labourers were also recruited and thousands of Poles, expelled from their villages, were deported to work on these farms with intensive agriculture. This situation caused social tensions that were particuliarly evident during the Liberation and during the « purification » trials involving some WOL employees. French authorities tried to manage the liquidation of the German company and the organisation of the repatriation of the Poles, two difficult operations that took many months to complete. Recognition of Ostland victims was uneven and late since it occurred only from the 1990s onwards. Distinct memories specific to the different groups of workers also emerged at that time and were expressed during commemorations
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McMaster, Don. "Detention, deterrence, discrimination : Australian refugee policy / Don McMaster." Thesis, 1999. http://hdl.handle.net/2440/19457.
Full textAbstract:
Bibliography: leaves 385-420.vi, 420 leaves ; 30 cm.
Title page, contents and abstract only. The complete thesis in print form is available from the University Library.
An exploration of the Australian refugee detention policy, which argues that the resort to detention is discriminatory and founded in the fear of Australia's "significant other" - the Asian.
Thesis (Ph.D.)--University of Adelaide, Dept. of Politics, 1999
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Ratnasingham, Christine. "Australian quasi refugees and international refugee law : abetment or abdication?" Phd thesis, 2009. http://hdl.handle.net/1885/149981.
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ZIORKIEWICZ, Beata. "Covert methods of communication used by persons deprived of liberty." Doctoral thesis, 2006. http://hdl.handle.net/1814/6369.
Full textAbstract:
Defence date: 27 September 2006Examining board: Prof. Antonio Cassese, Supervisor, former EUI; Law Faculty, University of Florence ; Dr Silvia Casale, President, European Committee for the Prevention of Torture (CPT), Strasbourg ; Prof. Bruno De Witte, European University Institute, Florence ; Prof. Zbigniew Holda, Jagiellonian University, Krakow, Poland
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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Nisa, Richard. "Demons, phantoms, monsters law, bodies, and detention in the war on terror." 2007. http://hdl.rutgers.edu/1782.2/rucore10001600001.ETD.16754.
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Torr, Douglas John. "God has been detained : an examination of the detention experience of a few Christian activists to see whether there is an emergent theology of detention." Thesis, 1997. http://hdl.handle.net/10413/5636.
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In this thesis we will describe the ways in which detainees have dealt with
their experience of detention using various coping skills. Through using the psychological theory of the hardy personality and combining this with various theological categories, we will see how they could deal with the stress of detention. In this way then it is hoped that their experiences will serve as the beginning of a local emergent theology of detention experiences. We will look at how they exercised commitment, and this will be examined by the role which faith plays as an agent of commitment. Faith will be interpreted as a symbol. We will, therefore, look at the role that dreams and visions, reading scripture, praying, and worshippinq played in helping the detainees deal with the stress of detention. The control component of the hardy personality will be dealt with by showing how by exercising forgiveness, creating justice, and using community, detainees were able to feel they had control in this stressful situation. The hardy personality theory is based on an existential theory that says that life is constantly changing. We will see how Christian detainees are able to cope with change by challenging their situation through the use of a theology of hope. In concluding this study of detention we look at the real evil of detention. We will, therefore, look at the negative effects of detention that these detainees were subjected to as part of their experience of detention. We will look at the psychological categories of dread, dependency, and debility. These categories are seen as companion parallel concepts to commitment, control, and challenge. Having done this, and bearing in mind that one of our aims in doing this study is to see if we are able to provide some ideas towards a pastoral model for dealing with the past hurt of detention, we then look at the Truth and Reconciliation Commission and the challenges it poses for the churches. In doing this we will attempt to show how resources drawn from the faith tradition of Christian activists may be used in helping detainees do 'suffering work' and deal with debility, dependency, and dread.Thesis (M.A.)-University of Natal, Pietermaritzburg, 1997.
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Stubbs, M., and M. Castles. "The International and Domestic Legality of Australia's Mandatory Detention of 'Unlawful Non-Citizens' under the Migration Act 1958 (Cth)." Thesis, 2002. http://hdl.handle.net/2440/50067.
Full textAbstract:
Immigration detention in Australia - consistency with international prohibition on arbitrary detention. Consequences in Australia of international illegality. Scope of Commonwealth legislative power, relevant limitations on legislative power.Introduction Chapter i: Immigration detention under international law Chapter ii: International human rights law in Australia Chapter iii: Australian constitutional law Conclusion Bibliography
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Bolas, Kim. "Youth homelessness : social and symptomatic correlates." Master's thesis, 1985. http://hdl.handle.net/1885/123821.
Full textAbstract:
The present longitudinal study utilizes the Sociological
Causal Model of Neurosis postulated by Broun and Harris (1978)3 and
the Circumplex Model3 by Olsen et al. (1976) in looking at the family
problems of youth homelessness which contribute to mental health.
Fifty subjects from the first and second stages of homelessness
participated in the study, ranging in age from 12-18 years. Data
collection was over a period of six months3 and subjects filled out
the Initial Questionnaire on arrival at a youth refuge. Follow-up
questionnaires were posted out at 6 weeks to where the subjects were
living and two outcome groups were formed: Return home and Failure
to return home. A Parents' Questionnaire was posted to the subject's
nominated parent in order to gain independent information about the
subject and the family. Four self-report scales were utilized in the study and these
were: the Hopkins Symptom Checklist (Derogatis et al. 1974) which
measured the dependent variable3 neurosis; the Adolescent Life Event
Scale by Ferguson (1981)3 the Moos Family Environment Scale (Moos and
Moos, 1976)3 and the Support Questions which were derived from the
support interview questions used by Brown and Harris (1978)3 to
measure the independent variables. The questions on family structure
asked about the subject's parental status and were divided into two
groups: nuclear and non-nuclear3 families.
The results revealed a remarkable homogeneity of sample type:
females (50%) and males (50%)3 high levels of unemployment (48%) or
still at school (48%) and high levels of family conflict (56%) and
loss of family support (28%). The majority came from non-nuclear
family structures (86%)3 compared to nuclear families (14%). Factors contributing to high levels of symptoms reported by
subjects included parental marital statuss high cumulative distress
scores3 rigidity in family rules and roles (adaptability)3 and a
family member with whom one had had recent interpersonal conflict
(made things worse). Factors conducive to psychological well-being
included high family cohesiveness and adequate family support.
Subjects who failed to return home were found to be females who had
a family member who made things worse3 but who had also received
other forms of adequate family support. Both family and personal
variables were found to be important in determining outcome following
a stay at a youth refuge.
The results suggest that the majority of homeless youth in the
first and second stages of homelessness who seek shelter at a youth
refuge due to family disruption are high risk candidates for developing
a psychological illness. The family patterns are indicative of
dysfunctional systems and that major preventative work in the
community is needed for step families and single parent families if
the problems are to be reduced.
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CORNELISSE, Galina. "Immigration detention, territoriality and human rights : towards destabilization of sovereignty's territorial frame." Doctoral thesis, 2007. http://hdl.handle.net/1814/7028.
Full textAbstract:
Defence date: 7 May 2007Examining Board: Prof. Neil Walker (Supervisor, European University Institute) ; Prof. Marise Cremona (European University Institute) ; Prof. Pieter Boeles (Leiden University) ; Prof. Dora Kostakopoulou (University of Manchester)
First made available online on 10 July 2018
From a sociological point of view, camps or transit zones may present the institutionalisation o f temporariness as a form of radical social exclusion and marginalisation in modem society and a conservation of borders as dividing lines
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Helderman, Carolena. "HIV/AIDS positive stories : research report." 2002. http://www.hivaids.webcentral.com.au.
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"As a partial requirement for Master of Arts (Animation & Interactive Media) by Research Project 25th March 2002, studied at Centre for Animation and Interactive Media, School of Creative Media, Faculty of Art, Design and Communication" Typescript (photocopy) Bibliography: leaves 66-67. Internet access at: http://www.hivaids.webcentral.com.au/
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Hatcher, Deborah. "Holding momentum : a grounded theory study of older persons sustaining living at home." Thesis, 2010. http://handle.uws.edu.au:8081/1959.7/499838.
Full textAbstract:
Australia has an ageing population and it is expected that the number of people over the age of 65 years will continue to increase. As there are social and financial consequences associated with the ageing of the Australian population, government policies are directed at sustaining people over the age of 65 years to live in their homes. These policies have implications for individuals, families and communities as this context involves the capacity of the older person and their family and community networks to sustain living at home. Consequently, it is appropriate to understand what older persons are experiencing at a personal and community level, and what they understand to be their requirements for remaining at home. The purpose of this study was therefore to explore and describe the actions and strategies used by persons over the age of 65 years to enable them to remain living in their homes. The findings of this grounded theory study will inform policy and service provision by identifying appropriate resources and services to promote successful ageing at home. It is anticipated this research will also be useful in developing strategies to enable other persons over the age of 65 years to sustain living at home. These findings reinterpret and add to existing empirical knowledge of ageing, and suggest an interdisciplinary approach to ageing at home drawing on the experiences of older persons themselves is necessary.