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Morton, Rochelle, Michelle L. Hebart, and Alexandra L. Whittaker. "Explaining the Gap Between the Ambitious Goals and Practical Reality of Animal Welfare Law Enforcement: A Review of the Enforcement Gap in Australia." Animals 10, no. 3 (March 13, 2020): 482. http://dx.doi.org/10.3390/ani10030482.
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Previous research has identified a number of issues arising at all stages of the animal law enforcement process. These issues contribute to an enforcement gap between the written law, as it relates to the penalties laid out in statutes, and the reality of the animal law justice system. This paper identifies and investigates the contributors to this gap. The identified factors discussed are (1) the role of the public in reporting animal cruelty, (2) the ambiguity of the language used in animal welfare legislation, (3) the nature of enforcement authorities, and (4) the role of the courts. Thus, the causes of the enforcement gap are multifactorial, derived from all stages of the enforcement process. Further research on the enforcement model and public education, in addition to debate on legislative reforms, will be needed to address this gap.
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Carney, Terry. "The Convention on the Rights of the Child: How fares Victorian law and practice?" Children Australia 16, no. 1 (1991): 22–29. http://dx.doi.org/10.1017/s1035077200012311.
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On the 2nd of September this year, the United Nations Convention on the Rights of the Child, adopted by the Assembly in November 1989, came into force under international law, 30 days after the lodgment of the 20th instrument of ratification (by which time 31 countries had deposited ratifications). Shortly prior to that date, on 22 August, after some public controversy about the matter, Australia had determined to sign the Convention. The Convention, which stemmed from the 1979 International Year of the Child, expanded and elaborated within an international treaty, rights first enunciated (in non-binding form) in the 1959 Declaration of the Rights of the Child. It applies to a person under the age of 18.Over 5 years ago, the Report of the Child Welfare Practice and Legislation Review Committee was published. That report - Equity and Social Justice for children families and communities, took, as one of its foundation principles, the proposition that Victorian law and practice should reflect internationally accepted principles of human and civil rights of children.
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Carney, Terry. "Reforming child welfare: Diverting by-ways on the road to utopia?" Australian & New Zealand Journal of Criminology 18, no. 4 (December 1985): 237–56. http://dx.doi.org/10.1177/000486588501800405.
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This article, written from a less than detached standpoint by the chairperson of the body concerned, takes the recently completed review of child welfare practice and legislation in the Australian State of Victoria, as a case study of the contours, and of the factors which shape, law reform in areas of social policy. Substantive issues dealt with in the body of the Report1 will not be addressed here. Rather, the article considers some of the reasons which might explain why the task was not entrusted to one of the existing structures for the review of law and social policy in this State, and it canvasses some of the features which may make review by such a free-standing committee the preferred approach when reviewing social policy. The main theme to be explored is that of the role of reviews in accelerating (or inhibiting) the process of change in a legal, welfare practice and public policy context. To this end the article addresses such matters as: the significance of the composition of the review body; its techniques of consultation with the public and with government; its dealings with government and major centres of power; and related matters which bear on its capacity to discharge its basic mandate. The contextual pressures which favour system inertia, or which may transform reform measures into something other than what was intended by the proponents of change, will also be alluded to. It will be argued that the model of expert independent committee suffers from a vulnerability to the effects of external factors and relationships. These may leach away much of its capacity to undertake a thorough, detached evaluation of its specified field, and preclude it from building up significant momentum for change. Nevertheless, it is contended that these weak points are capable of being shored up. As a consequence it is concluded that this model is superior to its competitors when a significant area of social policy is thought to be ripe for evaluation and change.
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Bertouille, S. "Wildlife law and policy." Animal Biodiversity and Conservation 35, no. 2 (December 2012): 159–61. http://dx.doi.org/10.32800/abc.2012.35.0159.
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One of the crucial issues of our decades is how to stop the loss of biodiversity. Policy–makers need reliable data to base their decisions on. Managing wildlife populations requires, first of all, science–based knowledge of their abundance, dynamics, ecology, behaviour and dispersal capacities based on reliable qualitative data. The importance of dialogue and communication with the local actors should be stressed (Sennerby Forsse, 2010) as bag statistics and other monitoring data in wildlife management could be more precise if local actors, notably hunters, were better informed and aware of their importance, especially in supporting existing and emerging policies at national and international levels. Another essential issue in wildlife management is the conflicts generated by humans and their activities when they interact with wildlife (Heredia & Bass, 2011). A sociologic approach is required to take into account those human groups whose interests are divergent, facilitating communication and collaborative learning among these users of the same ecosytem. Obstacles should be addressed and solutions devised to protect and encourage a sustainable use of this ecosystem in, as much as possible, a win–win relationship. Policy objectives and mana-gement strategies should be discussed and debated among the stakeholders involved, then formulated. Policies can be translated into different types of instruments, economic and legislative, but also informative and educa-tive. As awareness of the actors is a key factor of successful regulation, the regulations should be sufficiently explained and stakeholders should be involved in the implementation of these regulations as much as possible. Finally, the effectiveness of the regulations should be evaluated in light of their objectives, and where necessary, the regulations should be strengthened or adapted to improve their performance (Van Gossum et al., 2010).The various aspects of the processes described above were highlighted in the plenary talk and the five oral communications presented during the session on wildlife law and policy. In his plenary talk, Dr Borja Heredia, Head of the Scientific Unit of the Secretariat of the CMS/UNEP in Bonn, pointed out different sources of human–wildlife conflicts, such as the logging activities in subtropical forests that induce overexploitation and poaching for bushmeat consumption; the problem of predators on livestock and the poisoning of lions in the Masaï Reserve; animals invading the human territory; and game species as a vector of diseases in humans and livestock (Heredia & Bass, 2011). Heredia stressed the importance for wildlife managers to deal with the human dimension; he stressed the importance of successful conflict management based on principles such as a non–adversial framework, an analytical approach, a problem–solving orientation, the direct participation of the conflicting parties, dialogue as a basis for mutual understanding and facilitation by a trained third party. Heredia explained how the Convention on Migratory Species of Wild Animals (UNEP/CMS) contributes to confict resolution and in this way increases the chance of survival of these species. The CMS (see CMS website) works for the con-servation of a wide array of endangered migratory animals worldwide through the negotiation and implementation of agreements and action plans. Migratory species threatened with extinction are listed in Appendix I of the Con-vention. CMS parties strive towards strictly protecting these animals, conserving or restoring the places where they live, mitigating obstacles to migration and controlling other factors that might endanger them. Besides establishing obligations for each State joining the CMS, CMS promotes concerted action among the Range States of many of these species. Migratory species that need, or would significantly benefit from, international co–operation are listed in Appendix II of the Convention. For this reason, the Convention encourages the Range states to reach global or regional agreements. The Convention acts, in this res-pect as a framework convention. The Agreements may range from legally binding treaties (called agreements, there are seven) to less formal instruments, such as Memoranda of Understanding, or actions plans (there are 20), and they can be adapted to the requirements of particular regions. The development of models tailored according to the conservation needs throughout the migratory range is a unique capacity to CMS. Heredia detailed inter alia the Agreement on the Conservation of Albatrosses and Petrels, the Great Apes Survival Part-nership, the Agreement on the Conservation of Gorillas and their Habitats, the MoU on the Saïga Antelope, and the Programme for the Conservation and sustainable use of the wild saker falcon (Falco cherrug) in Mongolia.The talk of Sarah Wilks, research fellow at the School of Law, University of Western Sydney, illus-trated the importance of adequate transparency and public consultation in environmental and conservation law and decision making. Wilks (2012) examined the Australian legislation concerning animal welfare and the export of Australian wildlife products and, as a case study, explored the Tasmanian State Government’s recent decision to promote the com-mercial harvest and export of brushtail possums She pointed out that although the Enviromment Protection and Biodiversity Conservation 1999 (EPBC) process intended to be open and co–operative, it is not, in prac-tice, co–operative, public and transparent. The export of possum products requires Australian Government approval under the Department of Primary Industries, Parks, Water and Environment (EPBC). Wilks (2012) assessed the Tasmanian Wildlife Trade Management Plan for Common Brushtail Possums developed by the EPBC, the public submissions to the Austra-lian Government, and the Australian Government’s response against the provisions of the EPBC. As a result, she deplored that welfare outcomes, like that of back or pouch juveniles whose mother had been trapped or killed have not been adequately considered either at Tasmanian State or at Australian Govenment level. She concluded by deploring that submissions on ethical grounds could not yet be considered by the Australian Government because the decision to harvest or not to harvest is made at State level, and yet the Tasmanian State legislation is deficient in mandating public consultation.Data on hunting and game resources provide quan-titative and qualitative information on game species, but moreover, game monitoring has shown to be efficient in identifying threats to biodiversity, such as biodiversity problems in agriculture and forest ecosystems, and also to be an early warning in assessing threats from invasive alien species (Sennerby Forsse, 2010). They are an essential tool for game managers, scientists and policy–makers, and hunters and hunter organisations are key resources in the collection of this information.The ARTEMIS data bank was initiated by the Federation of Asssociations of Hunting and Conservation of the Euro-pean Union FACE (see ARTEMIS website) to improve information about game in support of existing and emer-ging European policies. The objective of ARTEMIS is to centralise and analyse, in a coordinated and coherent Animal Biodiversity and Conservation 35.2 (2012)161extending the ban to all waterfowl hunting and not only that undertaken in protected wetlands.The presentation of K. E. Skordas, from the Hunting Federation of Macedonia and Thrace, Research Divi-sion, Greece, illustrated the contribution of the Hellenic Hunters Confederation (HHC) to law enforcement for wildlife protection. It showed how stakeholders, hun-ters, set up heir own Game Warden Service in 1999, through their Hunting Associations, in order to assume responsibility for the control of illegal hunting and wil-dlife protection, in collaboration with the local Forest Service. These game wardens carry out repressive and preventive controls and prosecutions. Besides this initiative, information campaigns are organised by the HHC to improve hunters’ awareness (see website of the Hellenic Hunters Confederation, HHC). Skordas & Papaspyropoulos (2011) analysed the relation between law enforcement, hunter awareness and infringement categories, classed in degree of influencing wildlife protection. They observed a strong reduction in the number of infringements; particularly, they found that hunting out of season and hunting without a license decreased from 23.4% to 7.31% and from 30.12% to 11.8%, respectively.All the talks presented in this session stressed the importance of dialogue in wildlife management as a basis for mutual understanding. Communication and involvement of the local actors/stakeholders are key factors at different stages of wildlife management: when collecting reliable data on which policy–makers may draw up their decisions, when debating policy objectives and strategies, and when implementing regulations and administrative acts
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BRADY, MICHELLE. "Targeting single mothers? Dynamics of contracting Australian employment services and activation policies at the street level." Journal of Social Policy 47, no. 4 (April 10, 2018): 827–45. http://dx.doi.org/10.1017/s0047279418000223.
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AbstractActivation reforms targeted at single parents simultaneously construct them as a legitimate target for activation policy and subject them to new obligations to engage in paid work or education/training. The social policy literature has established that the work of ‘making-up’ target groups occurs at the street level as well as in government legislation. The street level has become even more significant in recent years as there has been a shift towards establishing quasi-markets for the delivery of welfare-to-work programmes and organising these around the principles of performance pay and process flexibility. However, what is largely missing from the existing literature is an analysis of how contract conditions, together with individuals' activation obligations, shape how they are targeted at the street level. Drawing on a study conducted over eight years with agencies in Australia's quasi-market for employment services, this paper argues that the changes to the contracts for governing this market changed how Australian single mothers were targeted by employment services. Over time there was a shift away from making-up single-parent clients as a distinct, vulnerable target group and a shift towards viewing them in terms of risk categories described within the agencies’ contracts.
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Johnston, Charlotte H., Vicki L. Richardson, and Alexandra L. Whittaker. "How Well Does Australian Animal Welfare Policy Reflect Scientific Evidence: A Case Study Approach Based on Lamb Marking." Animals 13, no. 8 (April 15, 2023): 1358. http://dx.doi.org/10.3390/ani13081358.
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The development and substance of animal welfare policy is subject to a range of social, cultural, economic, and scientific influences that commonly vary within and between countries. Discrepancies in policy can create confusion and mistrust among stakeholders and consumers and limit the ability to create a uniform minimum level of requirements to safeguard animal welfare, as well as create a level ‘playing field’ for farmers when trading with other jurisdictions. The livestock sector is receiving growing scrutiny globally for real and perceived violations of animal welfare, for example, the practice of mulesing in Australia. This article explores animal welfare legislation within Australia and how it reflects the scientific evidence surrounding routine husbandry practices in sheep, including tail docking, castration, and mulesing. While there is some variation between state and territory legislation, the most notable concern is the lack of enforceable recommendations surrounding the evidence-based use of analgesia and anaesthesia for painful husbandry procedures. The age at which these procedures are recommended to be performed is relatively consistent across Australian jurisdictions, but there is a marked difference compared to international legislation. The global context of animal welfare legislation, public perception, and producer perception of these procedures are also discussed, highlighting the difficulty of creating robust animal welfare legislation that promotes a good standard of welfare that is respected worldwide whilst being practical in an Australian setting given our unique geography and climatic conditions.
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Wharf, Brian, Ivan Bernier, Andrée Lajoie, and Andree Lajoie. "Family Law and Social Welfare Legislation in Canada." Canadian Public Policy / Analyse de Politiques 13, no. 2 (June 1987): 244. http://dx.doi.org/10.2307/3550648.
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Stonebridge, Morgan, Di Evans, and Jane Kotzmann. "Sentience Matters: Analysing the Regulation of Calf-Roping in Australian Rodeos." Animals 12, no. 9 (April 20, 2022): 1071. http://dx.doi.org/10.3390/ani12091071.
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Animal sentience is recognised either implicitly or explicitly in legislation in all Australian states and territories. In these jurisdictions, animal welfare legislation prohibits acts of cruelty towards animals because animals have the capacity to experience pain or suffering. This acknowledgement is supported by scientific research that demonstrates animal sentience, as well as public opinion. Despite these legal prohibitions, calf-roping, a common event at rodeos, is permitted in the majority of Australian jurisdictions. In recent times, calf-roping has generated significant public concern due to the potential for injury, pain or distress for the calves involved. This concern is evidently shared in some overseas jurisdictions, such as New Zealand, where animal advocacy organisations have filed a legal challenge asserting that rodeo events violate New Zealand’s animal welfare legislation due to the pain and distress inflicted on the animals. This commentary discusses these welfare concerns, the legislative inconsistencies between Australian jurisdictions and the problematic legal status of calf-roping in Australia.
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Protopapa, Venera. "From Legal Mobilization to Effective Migrants’ Rights: The Italian Case." European Public Law 26, Issue 2 (June 1, 2020): 477–507. http://dx.doi.org/10.54648/euro2020052.
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The article analyses the process of legal mobilization for migrants’ rights and investigates how and with what effects, measured in terms of obtaining general policy response and ensuring implementation, legal actors and in particular civil society organizations have mobilized EU, international and domestic legislation on discrimination to promote migrants’ rights in Italy. It focuses in particular on two issues: access to employment in the public sector and access to welfare. Both issues have generated significant levels of litigation in domestic courts, with increasing involvement of civil society organizations. In relation to both, national legislation has been amended, in accordance with EU law, allowing access to employment in the public sector and extending the area of those that have the right to access to social welfare under equal conditions to categories of migrants protected under EU law. The article outlines the EU, International and domestic legislation on non-discrimination and equality for migrants, provides an overview of how litigation has been used to challenge in court the exclusion of migrants from employment in the public sector and welfare, tracks the process that brought to the reform and litigation in the aftermath highlighting the effects of litigation as a means for policy response and implementation. Discrimination, multilevel protection, migrants, welfare, employment, legal mobilization, policy response, implementation, civil society, courts.
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Baek, Yun-Chul, and Sung-Bum Jung. "A Study on Public Assistance Legislation in Taiwan." Korean Public Land Law Association 101 (February 28, 2023): 367–87. http://dx.doi.org/10.30933/kpllr.2023.101.367.
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The purpose of this study is to redefine the significance of social security rights under the constitution, stipulate them at the time of constitutional amendment, and strengthen them as a welfare state. To this end, the significance of social security rights under the Constitution is specified, the basic law on social security rights embodied under the Constitution is reviewed, and social security is classified into five categories: social insurance, public assistance, and social services. Korea is a constitutional welfare state, so it is the subject of the state's obligation to provide social security, and the people have the right to social security as a basic right to demand it from the state, but it is not stipulated by the current constitution. It is not currently stipulated in the Constitution, but the constitutional social security right is stipulated by the current law in the Framework Act on Social Security, and one of these social security, public assistance, is emerging as a problem in Korean society, and it is a meaningful discussion to look at Taiwan's public assistance and its implications.
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Bremhorst, Annika, Paolo Mongillo, Tiffani Howell, and Lieta Marinelli. "Spotlight on Assistance Dogs—Legislation, Welfare and Research." Animals 8, no. 8 (July 26, 2018): 129. http://dx.doi.org/10.3390/ani8080129.
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Assistance dogs are a very diverse group of working dogs that are trained to assist humans with different types of disabilities in their daily lives. Despite these dogs’ value for humankind, research on their welfare status, cognitive and behavioural capacities, selection criteria for the best fitting individuals, effective training and management practices, and genetic issues are so far lacking. This review highlights the need to address these topics and to promote progress in legal issues around assistance dogs. The topic of assistance dogs is approached comprehensively by outlining the current status of knowledge in three different dimensions: (1) the legal dimension, outlining important legal issues in the EU and Australia; (2) the welfare dimension; and (3) the dimension of research, covering assistance dog selection and training. For each of these three dimensions, we discuss potential approaches that can be implemented in the future in order to support assistance dog working performance, to protect the dogs’ welfare, and to improve our knowledge about them. Additionally, there remain many legal issues, such as the presence of assistance dogs in public areas, the resolution of which would benefit both the assistance dog and the owner with disability.
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Gupta, Dr Shipra. "The Intersection of Law and Health: Safeguarding Public Welfare." Aug-Sept 2023, no. 35 (August 21, 2023): 5–14. http://dx.doi.org/10.55529/jls.35.5.14.
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The intersection of law and health is a critical aspect of safeguarding public welfare. This article explores the multifaceted relationship between law and health, emphasizing the key areas where legal principles and regulations contribute to protecting the well-being of individuals and communities. Effective health legislation and regulatory frameworks establish guidelines and standards for healthcare services, ensuring their safety, equity, and quality. Public health laws enable disease control measures, vaccination programs, and health promotion initiatives, reducing preventable illnesses and improving public health outcomes. Medical ethics and legal considerations guide healthcare professionals in upholding principles such as informed consent, patient confidentiality, and end-of-life decisions, safeguarding patient rights and trust. Law also plays a significant role in promoting healthcare access, equity, and human rights. Medical malpractice laws are also discussed in this paper which establish standards of care, deter negligence, and provide compensation for patients harmed by medical errors, promoting accountability and patient safety.
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Davies, Gareth. "Welfare as a Service." Legal Issues of Economic Integration 29, Issue 1 (April 1, 2002): 27–40. http://dx.doi.org/10.54648/405878.
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The caselaw has found healthcare systems firmly subject to Article 49, yet education systems not so. Both are important public services, and subsidised from the public purse, but in the cases decided they were organised differently. One was provided through a market-like mechanism, the other directly from the State. It is not the social importance of the service, nor the motives or character of the provider or recipient or payer that determines when Article 49 applies. It is the nature of these parties' behaviour. As States use market behaviour ever more in public services, we may therefore expect an expansion of the application of Article 49 to welfare. Many restrictions will be found, because of the essentially national nature of welfare, but many will be justified and irremovable by the Court. In the end only legislation can create cross-border markets for welfare.
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Loyer, Jessica, Alexandra L. Whittaker, Emily A. Buddle, and Rachel A. Ankeny. "A Review of Legal Regulation of Religious Slaughter in Australia: Failure to Regulate or a Regulatory Fail?" Animals 10, no. 9 (August 30, 2020): 1530. http://dx.doi.org/10.3390/ani10091530.
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While religious slaughter is not a new practice in Australia, it has recently attracted public concern regarding questions of animal welfare following unfavourable media coverage. However, the details of religious slaughter practices, including related animal welfare provisions, appear to be poorly understood by the Australian public, and no existing literature concisely synthesises current regulations, practices, and issues. This paper addresses this gap by examining the processes associated with various types of religious slaughter and associated animal welfare issues, by reviewing the relevant legislation and examining public views, while highlighting areas for further research, particularly in Australia. The paper finds shortcomings in relation to transparency and understanding of current practices and regulation and suggests a need for more clear and consistent legislative provisions, as well as increased independence from industry in the setting of the standards, enforcement and administration of religious slaughter. A starting point for legal reform would be the relocation of important provisions pertaining to religious slaughter from delegated codes to the responsible act or regulation, ensuring proper parliamentary oversight. In addition, more active public engagement must occur, particularly with regard to what constitutes legal practices and animal welfare standards in the Australian context to overcome ongoing conflict between those who oppose religious slaughter and the Muslim and Jewish communities.
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Zębek, Elżbieta. "Humane Legal Protection of Homeless Animals." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 265–76. http://dx.doi.org/10.17951/sil.2021.30.3.265-276.
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Animal rights at the international level have been defined in the Universal Declaration on Animal Welfare, which has become a guiding principle for many EU countries in shaping animal protection legislation. The subject of this article is the humane protection of homeless animals, which is the responsibility of the municipality in terms of maintaining cleanliness and order. The study assumes that by carrying out tasks regarding the protection of animals from homelessness, municipalities contribute to the effective protection of animals by providing them with appropriate care. The analysis found that the provisions of the Universal Declaration on Animal Welfare have been fully incorporated into Polish legislation. However, the effectiveness of the provisions on the protection of homeless animals executed by municipalities is not entirely satisfactory as evidenced by the post-inspection data and selected jurisprudence. In order to improve this state of affairs, the following de lege ferenda postulates were formulated, which in part are also guidelines of the Supreme Audit Office extending the catalog of activities in municipal homeless animal protection programs, introducing the requirement to inspect animal shelters by municipalities, changing the location requirements of animal shelters and also clarifying sanitary requirements concerning the conditions in which animals live in to improve their welfare. The above changes in legislation may contribute to more efficient humane protection of homeless animals in Poland and may serve as an example for other EU countries.
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Kobetska, Nadiia, and Lesia Danyliuk. "Implementation of the Provisions of the European Convention for the Protection of Pet Animals into Ukrainian Legislation: Some Theoretical and Applied Aspects." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 29–45. http://dx.doi.org/10.17951/sil.2021.30.3.29-45.
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European integration processes in Ukraine have led to the approximation of national legislation to European standards, including pet handling. The first and currently the only ratified European convention in Ukraine on protection and ensuring animal welfare is the European Convention for the Protection of Pet Animals. The article describes the major doctrinal, legislative and practical aspects of implementing this Convention into Ukrainian law. The legal regulation of the humane treatment of domestic animals in Ukraine is based on the Law of Ukraine on the protection of animals from cruel treatment, its provisions being of a general nature, and detailed solutions are found in other laws and regulations. Detailed rules for dealing with pets are determined by municipalities and they are implemented in the relevant administrative and territorial units. The concept of “animal rights”, despite its proclamation in the preamble to the Law of Ukraine on the protection of animals from cruel treatment, has no formal legal representation and reflection in Ukrainian legislation. Nevertheless, Ukrainian legal academic doctrine, legislative process and law enforcement practice are currently embodying the concept of animal welfare. The development and implementation of a coherent legal mechanism for pet handling is the major contributing factor in achieving pet welfare, therefore Ukraine needs a clear strategy to improve its legal regulation.
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Arnull, Elaine, and Stacey Stewart. "Developing a Theoretical Framework to Discuss Mothers Experiencing Domestic Violence and Being Subject to Interventions: A Cross-National Perspective." International Journal for Crime, Justice and Social Democracy 10, no. 2 (June 1, 2021): 113–26. http://dx.doi.org/10.5204/ijcjsd.1561.
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The discourse about domestic violence has developed in patriarchal societies, and so we position our understanding of ‘mother’ within a patriarchal framework. We explore the ways in which ‘mothering’ and ‘mother blame’ have been constructed within that framework and how this becomes relevant in the context of domestic violence and child welfare social work. We review literature from Australia, Canada, England and Wales, and the United States of America that has focused on child welfare responses to mothers experiencing domestic violence and abuse. On the basis of that review, we argue that mothers are responsibilised for violence and abuse they do not perpetrate. We show that the way legislation operates in some jurisdictions facilitates hegemonic, patriarchal constructions. We call for a review of current child welfare social work policy and practice in which domestic violence is present.
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Parker, Christine, Gyorgy Scrinis, Rachel Carey, and Laura Boehm. "A public appetite for poultry welfare regulation reform: Why higher welfare labelling is not enough." Alternative Law Journal 43, no. 4 (November 6, 2018): 238–43. http://dx.doi.org/10.1177/1037969x18800398.
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This article argues that the growth of free-range labelled egg and chicken shows that the public wish to buy foods produced via higher welfare standards. It summarises the main reasons for dissatisfaction with the current regulation of animal welfare standards in Australia and shows that labelling for consumer choice is not enough to address public concerns. It critically evaluates the degree to which recently proposed new animal welfare standards and guidelines for poultry would address these problems and concludes that the new standards are not sufficient and that more responsive, effective and independent government regulation of animal welfare is required.
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Harcourt, Christine, Sandra Egger, and Basil Donovan. "Sex work and the law." Sexual Health 2, no. 3 (2005): 121. http://dx.doi.org/10.1071/sh04042.
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We reviewed publications, websites, and field observations to explore the health and welfare impacts and administrative effectiveness of different legal approaches to sex work. We identified three broad legal approaches: (1) prohibition, including the unique Swedish law criminalising sex workers’ clients; (2) licensing; and (3) decriminalisation. Each of these models is employed under one or more jurisdictions in Australia. We make preliminary observations on their consequences and conclude that, on initial impression, decriminalisation may offer the best outcomes. However, more rigorous population-based research is needed to properly assess the health and welfare impacts of legal approaches to sex work.
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Williams, Peter John, and Angelique Mary Williams. "Sustainability and planning law in Australia: achievements and challenges." International Journal of Law in the Built Environment 8, no. 3 (October 10, 2016): 226–42. http://dx.doi.org/10.1108/ijlbe-06-2016-0008.
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Purpose Since 1992, all levels of government in Australia have pursued a policy of ecologically sustainable development (ESD). Crafted in response to the World Commission on Environment and Development 1987 report Our Common Future (the Brundtland Report), the principles contained in the Australian Government’s National Strategy for Ecologically Sustainable Development have been progressively implemented at the national, state and local levels of government. The purpose of this paper is not only to track the implementation of these principles, through both policy and law in Australia, but also to highlight recent challenges to the concept of ESD using the state of New South Wales (NSW) as a case study. Design/methodology/approach Beginning with a description of the Australian concept of ESD, this paper first examines the implementation of ESD through both policy and legislation at the national level. The state of NSW is then selected for more detailed assessment, with examples of key State government legislation and court decisions considered. Equal emphasis is placed on both the achievements in ESD policy development and implementation through legislation, statutory planning procedures and litigation, as well as the challenges that have confronted the pursuit of ESD in NSW. Findings Since its introduction in 1992, the concept of ESD has matured into a key guiding principle for development and environmental decision-making in Australia. However, in recent years, ESD has been the target of significant challenge by some areas of government. Noteworthy among these challenges has been a failed attempt by the NSW Government to introduce new planning legislation which sought to replace ESD with the arguably weaker concept of “sustainable development”. Apparent from this episode is strong community and institutional support for robust sustainability provisions “manifested through ESD” within that State’s statutory planning system. Originality/value This paper provides an overview of the implementation of ESD in Australia within both a broader international context of sustainable development and specific instances of domestic interpretation and application. It extends this analysis by examining recent public policy attempts to reposition sustainability in the context of statutory planning system reform in NSW.
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Greenberg, Jaclyn. "The Limits of Legislation: Katherine Philips Edson, Practical Politics, and the Minimum-Wage Law in California, 1913–1922." Journal of Policy History 5, no. 2 (April 1993): 207–30. http://dx.doi.org/10.1017/s0898030600006710.
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In 1913 the California legislature took a momentous step to improve the wages and working conditions of its women workers by passing a controversial new form of social welfare legislation, a minimum-wage bill, which established the Industrial Welfare Commission. The mandate gave the commission extensive power: not only to establish a minimum wage for each industry employing women, but to regulate hours and working conditions as well. Although reformers had been building an edifice of protective legislation for women for three decades, the creation of a government body with such wide-ranging authority over virtually every aspect of women's wage work was unprecedented. A handful of states passed similar legislation, but few rose above the challenges by opponents to actually implement the law in a meaningful way. The California Industrial Welfare Commission, in contrast, established wage, hour, and sanitary standards in women's occupations from canneries to movie studios. Responsibility for the success of the California law rested on the administrative brilliance of one woman, Katherine Philips Edson, the law's chief sponsor and then leading commission member. Under her guidance the commission slowly and judiciously improved working women's conditions and won public acceptance of the innovative form of state intervention.
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Ponomareva, Daria, and Aleksey Kubyshkin. "Genetic discrimination in foreign legislation and law-enforcement practice." SHS Web of Conferences 134 (2022): 00071. http://dx.doi.org/10.1051/shsconf/202213400071.
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The article is devoted to the problematic issues of legal regulation of public relations arising from protection against discrimination based on genetic status in the legislation and law enforcement practice of a number of foreign countries (Australia, Canada, the United States of America). The authors analyzed the concept of discrimination based on genetic status, formulated in the legal acts of states; an attempt was made to present their own interpretation of this term. The article provides an overview of the international legal framework for the regulation of public relations arising from countering discrimination based on genetic status, as well as key acts of leading foreign jurisdictions. The authors paid special attention to the analysis of law enforcement (judicial) practice, illustrating the problems associated with genetic discrimination, the main directions of the development of such practice are highlighted. In conclusion, the authors contemplate on the advisability of implementing relevant foreign experience into the Russian legal system
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Goodin, Robert E., and Julian Le Grand. "Creeping Universalism in the Welfare State: Evidence from Australia." Journal of Public Policy 6, no. 3 (July 1986): 255–74. http://dx.doi.org/10.1017/s0143814x00004025.
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ABSTRACTThere are good reasons to suppose that the non-poor will infiltrate welfare programmes originally targeted on the poor. This paper discusses this phenomenon of ‘creeping universalisation’ and provides a number of possible explanations for it. Evidence is used from Australia to show that creeping universalisation does indeed occur, and to test the competing explanations. It is concluded that the most likely explanation for the phenomenon is individual behavioural responses: that is, the non-poor respond to the imposition of a means-test by re-arranging their affairs, legitimately or illegitimately, so as to pass the test.
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Al-Shammari, Karrar Imad Abdulsahib. "A Review of the Halal Poultry Slaughtering from Welfare and Legal Perspectives: Analysis of Research Results." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 11–27. http://dx.doi.org/10.17951/sil.2021.30.3.11-27.
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The subject of halal slaughtering is one of the most widely discussed issues of animal cruelty and animal welfare in the public sphere. The discrepancy in understanding the contemporary and religious laws pertaining to animal slaughtering does not fully publicize to Islamic and Muslim majority countries especially with respect to interpreting the use of stunning in animals. The electrical stunning is the cheapest, easiest, safest, and most suitable method for slaughtering that is widespread and developed. However, stunning on head of poultry before being slaughtered is a controversial aspect among the Islamic sects due to regulations of the European Union and some other countries. The current review highlights the instructions of halal slaughtering, legal legislation, and the effect of this global practice on poultry welfare and the quality of produced meat.
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Negrão, Júlia Thaynara de Jesus, Patrícia Franciscone Mendes, and Thaisa Laurentino. "Legislações em defesa dos animais: Avanços e desafios." Pubvet 18, no. 05 (May 8, 2024): e1599. http://dx.doi.org/10.31533/pubvet.v18n05e1599.
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The purpose of this work is to present a detailed analysis of the evolution of legislation on animal rights, highlighting its evolution over time and the importance of animal welfare. We explore the importance of philosophers such as Tom Regan and Peter Singer in promoting moral equality between humans and animals, as well as relevant legal frameworks in Brazil, such as the 1988 Federal Constitution and the 1998 Environmental Crimes Law. Furthermore, we address recent legislative advances and the need for public awareness regarding animal protection and combating animal abuse. Gaps in legislation are highlighted, such as a lack of adequate penalties and deficiencies in supervision; issues such as illegal animal trade and cultural and economic conflicts are also addressed. The crucial role of the media in promoting animal rights and welfare is highlighted, underlining the importance of continuous review of the legislation and improvements in supervision to ensure adequate protection of animals and promote a culture of respect and welfare in relation to human and nonhuman animals.
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Bradshaw, R. H. "The Ethical Review Process in the UK and Australia: The Australian Experience of Improved Dialogue and Communication." Animal Welfare 11, no. 2 (May 2002): 141–56. http://dx.doi.org/10.1017/s0962728600028116.
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AbstractA study was carried out in Australia and the UK of the legislation and procedures relating to the welfare and use of animals in scientific research. In Australia, a National Code of Practice for the Care and Treatment of Laboratory Animals has been adopted and it is a legal obligation for all Institutions to adhere to the Code. Each institution has an Animal Ethics Committee (AEC) responsible for ethical review and animal welfare which must include, within certain stipulated parameters, a veterinarian, a research scientist, a member of a rights/welfare organisation and an additional lay member. In the UK the situation is different, as the Home Office directly administers the law regarding the use of animals in research. In April 1999 the Ethical Review Process (ERP) was introduced; every Institution must establish an ERP which must include a named veterinarian and representatives from the Animal Care and Welfare Officers and others. In both countries great emphasis is placed on the principles of replacement, reduction and refinement in experimental research. Substantial differences in culture and ethical review structure between the two countries are identified. However, various recommendations are outlined, based on the Australian experience, to build on existing structures and further develop the UK ERP. These recommendations should be seen as long-term aims and seek to further improve animal welfare through facilitating communication, increasing accountability and creating an environment conducive to open discussion.
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Vukovic, Danilo. "Interest, networks and institutions: Socio-legal analysis of recent welfare legislation in Serbia." Sociologija 55, no. 1 (2013): 25–46. http://dx.doi.org/10.2298/soc1301025v.
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The article deals with the influence of organized social groups and their interests on laws and public policies. The subject of the analysis is new Serbian social legislation with 2011 Law on Social Protection being the subject of the most detailed analysis. Two methodological tools were used: (1) analysis of documents and (2) semi-structured interviews with key actors involved in shaping laws and public policies. Using policy network and institutional analysis we identify social groups and their interests that shaped welfare policies. Particular attention is devoted to the role and influence of international epistemic communities. In this article we analyze in detail the redistributive and ideological dimensions of policy networks involved in drafting and adoption of laws and public policies that are in the focus of this analysis.
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Watts, Rob. "Family allowances in Canada and Australia 1940–1945: A comparative critical case study." Journal of Social Policy 16, no. 1 (January 1987): 19–48. http://dx.doi.org/10.1017/s0047279400015713.
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ABSTRACTWhilst quantitive and ‘positivist’ modes of comparative social policy can reveal significant structural factors involved in the making of welfare states, they too often ignore the role of human agency, intention and political processes. A critical-historical comparative case study of the introduction of ‘child endowment’ and of ‘family allowances’ respectively in Australia (1941) and in Canada (1944) reminds us of the interplay between structural constraints and human agency in the history of welfare states. Detailed analysis suggests that institutionalised arrangements in Australia after 1905 to resolve capital-labour conflict via arbitral and wage fixation mechanisms put the question of the adequacy of wages in meeting family needs and with it proposals for child endowment onto the public agenda as early as 1920. In Canada the absence of such mechanisms, and alternative welfare arrangements to deal with family welfare, combined to keep such proposals off the public agenda. After 1939 the development of ‘war economies’ in Australia and Canada created common contradictions for governments, trying to maintain both industrial peace and anti-inflation policies, which the introduction of family allowances in both countries were attempts to resolve. Consideration is also given to a range of political problems and contexts in both countries which this particular policy measure attempted to deal with.
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Widiatedja, I. Gusti, Ida Ranawijaya, Sagung Purwani, and Bima Atmaja. "Developing Effective Procedures for Public Participation in Spatial Planning Regulation in Indonesia: Lesson Learned from Australia." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 10, no. 3 (2023): 389–410. http://dx.doi.org/10.22304/pjih.v10n3.a5.
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Public participation is a crucial aspect of spatial planning, serving to achieve sustainable development objectives. The Indonesian government has recognized this fact andincorporated public participation in its spatial planning lawsand regulations. However, procedures for involving the public have been criticized for lacking genuine participation, highlighting opportunities for public input only being offeredformally. Meanwhile, public participation is considered a significant component of spatial planning regulation in Australia, particularly in Victoria. The government has involved the public in various stages of the planning process, including creating a planning scheme, issuing planning permits, and completing planning agreements. Based on the established procedures under current Australian legislation, this study aims to provide a practical solution by examining and contrasting the role of public participation in spatial planning regulation between Indonesia and Australia. This study concluded that Indonesia might consider adopting Australia's strategy and setting up planning panels to regulate spatial planning. Planning agreements can also be advantageous, particularly for large-scale or mega projects that significantly negatively impact the environment and local communities.
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Shahrullah, Rina Shahriyani. "‘MODERN ARBITRATION LEGISLATION’: A COMPARISON BETWEEN AUSTRALIAN AND INDONESIAN LAWS." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 24, no. 2 (October 4, 2012): 198. http://dx.doi.org/10.22146/jmh.16132.
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This research analyzes Law No. 30 of 1999 of Indonesia to ascertain whether this Indonesian law constitutes modern arbitration legislation in the context of international commercial arbitration. Law No. 30 of 1999 will be compared with the International Arbitration Act 1974 (Cth) and the International Arbitration Amendment Act 2010 (Cth) of Australia. In this research, the author finds the Model Law should be adopted by Indonesia to modernize the country’s arbitration law in order for it to more acceptable in the practices of international commersial arbitration to day. Furthermore, the adaption of the Model Law also assists to clarity the Indonesian approach to the appircation of public policy principle which can be used to resest arbitral awards in Indonesia. Penelitian ini mempelajari Undang-undang Nomor 30 Tahun 1999 untuk mengetahui apakah hukum di Indonesia tergolong ke dalam aturan arbitrase modern dalam arbitrase komersial internasional. Penulis membandingkan Undang-undang Nomor 30 Tahun 1999 dengan International Arbitration Act 1974 (Cth) dan International Arbitration Amendment Act 2010 (Cth) di Australia. Dalam penelitian ini, penulis menemukan bahwa Model Law dapat diadopsi oleh Indonesia untuk memodernisasikan hukum arbitrasenya agar dapat lebih diterima dalam praktek arbitrase niaga internasional. Diadopsinya Model Law dapat juga membantu mengklarifikasi pendekatan Indonesia terhadap aplikasi kebijakan publik yang dapat dipergunakan untuk menentang putusan arbitrase di Indonesia.
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Mustamu, Julista. "DISKRESI DAN TANGGUNGJAWAB ADMINISTRASI PEMERINTAHAN." SASI 17, no. 2 (June 30, 2011): 1. http://dx.doi.org/10.47268/sasi.v17i2.349.
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In a modern State law (Welfare State), granting discretion to government is inevitable as the weaknesses or limitations of legislation and in accordance with the dynamic activities of the government in performing public services in the community is growing rapidly. The use of discretion should not be freely, in the sense that must not conflict with the general principles of good governance and should not be contrary to public interest.
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MARSTON, GREG, and LYNDA SHEVELLAR. "In the Shadow of the Welfare State: The Role of Payday Lending in Poverty Survival in Australia." Journal of Social Policy 43, no. 1 (October 11, 2013): 155–72. http://dx.doi.org/10.1017/s0047279413000573.
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AbstractA defining characteristic of contemporary welfare governance in many western countries has been a reduced role for governments in direct provision of welfare, including housing, education, health and income support. One of the unintended consequences of devolutionary trends in social welfare is the development of a ‘shadow welfare state’ (Fairbanks, 2009; Gottschalk, 2000), which is a term used to describe the complex partnerships between state-based social protection, voluntarism and marketised forms of welfare. Coupled with this development, conditional workfare schemes in countries such as the United States, Canada, the UK and Australia are pushing more people into informal and semi-formal means of poverty survival (Karger, 2005). These transformations are actively reshaping welfare subjectivities and the role of the state in urban governance. Like other countries such as the US, Canada and the UK, the fringe lending sector in Australia has experienced considerable growth over the last decade. Large numbers of people on low incomes in Australia are turning to non-mainstream financial services, such as payday lenders, for the provision of credit to make ends meet. In this paper, we argue that the use of fringe lenders by people on low incomes reveals important theoretical and practical insights into the relationship between the mixed economy of welfare and the mixed economy of credit in poverty survival.
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MASON, CLAIRE, ANNELIESE SPINKS, STEFAN HAJKOWICZ, and LIZ HOBMAN. "Exploring the Contribution of Frontline Welfare Service Delivery to Capability Development in Australia." Journal of Social Policy 43, no. 3 (April 15, 2014): 635–53. http://dx.doi.org/10.1017/s0047279414000087.
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AbstractThis study explores how interactions between frontline welfare service delivery employees and recipients are seen to affect welfare recipients’ capabilities. Seventeen employees and fifty-two welfare recipients from the Australian Department of Human Services were interviewed regarding their service delivery experiences. Interviews were transcribed and participants’ descriptions of the outcomes achieved from welfare service delivery interactions were analysed to determine the major themes. Burchardt and Vizard's (2007) capability list captured many of the effects described by participants, particularly the capability domains labelled ‘Individual, family and social life’, ‘Education and learning’, ‘Standard of living’, ‘Health’ and ‘Productive and valued activities’. Other outcomes were described by participants that might represent early indicators of positive or negative impact. Our findings suggest that welfare service delivery can both promote and impair capability development for welfare recipients.
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AKYILDIZ, Nihal Arda. "Evaluation of Public Tender Law Changes in Turkey in Context of Economic Sustainability." International Journal of Scientific Research and Management 8, no. 05 (May 4, 2020): 18–28. http://dx.doi.org/10.18535/ijsrm/v8i05.cs01.
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In today's economic system, the state has to make some purchases of goods and services to produce and offer the services of the public system formed by local administrations and other administrations. These purchases are the purchases that the public deems necessary through the private sector within the framework of investment programs and budget. Although annual growth and the tranches of spending items in investment programs change every year within the framework of the country's growth, purchases in the public system necessarily occur depending on these rates. Regulations and improvements on this subject; will not only affect the current levels of economic and social welfare, but will also increase the welfare levels of future generations and will support economic sustainability. The issue of public purchases regulated by law, which has become more important especially with its wide coverage in the Eleventh Development Plan, continues to contribute to economic sustainability with its value that directs the country's economy.
In the study, literature reviews of public procurements, tender laws and related regulations which have a direct effect on the country's economy were conducted as method; and changes in the public procurements, tender laws and relevant legislation have been aimed to be revealed. Since the first law of 1925, in the four law amendments, some regulations have been made abiding by the main principles and the arrangements required by the country have been made. While the names of the procurement procedures change in the laws are partial, the main contents are preserved. The study examines the four procurement laws that have changed in this way; aiming to provide information on the subject and to address the forecasts that are realized with the support of the country's economy and sustainable development.
Keywords: Tender law, public procurement legislation, economic sustainability, sustainable development, procurement procedures and implementing regulations
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Douglas, Michael, Mary Keyes, Sarah McKibbin, and Reid Mortensen. "The HCCH Judgments Convention in Australian Law." Federal Law Review 47, no. 3 (July 15, 2019): 420–43. http://dx.doi.org/10.1177/0067205x19856503.
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In May 2018, the Hague Conference on Private International Law (‘HCCH’) produced a draft convention for the recognition and enforcement of foreign judgments. A Diplomatic Session of the HCCH is expected to take place in 2019 at which this draft ‘Judgments Convention’ will be presented. If a multilateral convention emerges from the Diplomatic Session, Australia is likely to be an early adopter: the Commonwealth Attorney-General’s Department conducted a public consultation on the draft Judgments Convention in 2018. Against that background, this article considers the impact of implementation of the Judgments Convention in Australia. It is argued that domestic legislation that emerges from the Judgments Convention will deliver an overdue refurbishment of the Australian law relating to the recognition and enforcement of foreign judgments. Australia’s adoption of the Judgments Convention ought to be welcomed.
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Briskman, Linda. "The Creeping Blight of Islamophobia in Australia." International Journal for Crime, Justice and Social Democracy 4, no. 3 (October 5, 2015): 112–21. http://dx.doi.org/10.5204/ijcjsd.v4i3.244.
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In the latter months of 2014, following events in faraway Iraq and Syria, Australia responded forcefully at home. The manufactured fear of a terrorist attack resulted in police raids, increased counter-terrorism legislation and scare campaigns to alert the public to 'threat'. Although Islamophobia rose in Australia after 2001 it has been latent in recent years. It is on the rise again with collateral damage from government measures including verbal and physical attacks on Australian Muslims. Vitriol is also directed at asylum seekers and refugees. Media, government and community discourses converge to promote Islam as dangerous and deviant.
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Shayo, Daniel A. M. "Corporate Tax Law and Corporate Social Responsibility in Tanzania: An Examination of their Relationship." Eastern Africa Law Review 46, no. 2 (December 31, 2019): 1–39. http://dx.doi.org/10.56279/ealr.v46i2.1.
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Whether adopted voluntarily or imposed through legislation, Corporate Social Responsibility (CSR) has an impact on existing laws. This article examines the relationship between CSR and compliance with corporate tax in Tanzania. It is observed that, while on the one hand, ethical and moral aspects of CSR should help to improve tax compliance in a particular jurisdiction on the other hand, adoption of CSR may come with corporate tax benefits to the companies. However, given the wide range of activities of the state which are financed by tax revenue, the article emphasizes on the need to include an item on corporate tax compliance in CSR reports. Also, it calls for deliberate efforts by the state to improve and prioritize provision of public as well as social services. Such measures will reduce reliance on CSR programmes in the provision of public and social services, aspects, which raise issues of legitimacy in a democratic state. Key Words: CSR and corporate tax, corporate tax law, income tax law, social welfare, public welfare, allowable deductions.
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Morton, Rochelle, Michelle Hebart, Rachel Ankeny, and Alexandra Whittaker. "Portraying Animal Cruelty: A Thematic Analysis of Australian News Media Reports on Penalties for Animal Cruelty." Animals 12, no. 21 (October 25, 2022): 2918. http://dx.doi.org/10.3390/ani12212918.
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Media portrayals of animal cruelty can shape public understanding and perception of animal welfare law. Given that animal welfare law in Australia is guided partially by ‘community expectations’, the media might indirectly be influencing recent reform efforts to amend maximum penalties in Australia, through guiding and shaping public opinion. This paper reports on Australian news articles which refer to penalties for animal cruelty published between 1 June 2019 and 1 December 2019. Using the electronic database Newsbank, a total of 71 news articles were included for thematic analysis. Three contrasting themes were identified: (1) laws are not good enough; (2) laws are improving; and (3) reforms are unnecessary. We propose a penalty reform cycle to represent the relationship between themes one and two, and ‘community expectations’. The cycle is as follows: media reports on recent amendments imply that ‘laws are improving’ (theme two). Due to a range of inherent factors in the criminal justice system, harsher sentences are not handed down by the courts, resulting in media report of ‘lenient sentencing’ (theme one). Hence, the public become displeased with the penal system, forming the ‘community expectations’, which then fuel future reform efforts. Thus, the cycle continues.
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Pretorius, D. M. "‘Miserable, laborious, and short’: The lives of animals." South African Law Journal 139, no. 4 (2022): 791–836. http://dx.doi.org/10.47348/salj/v139/i4a4.
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Animal welfare legislation in South Africa is deficient, especially in relation to farm animals reared for ingestion by human beings. That being so, this article analyses aspects of public international law, administrative law, constitutional law and interpretation of statutes that may contribute towards affording more legal protection to such animals. An overview of recent case law highlights that the Constitutional Court has mandated a shift away from the traditional laissez-faire legal attitude to human use of animals towards one that requires enhanced protection of their interests. To that end, extensive legislative reform is necessary to rectify the deficiencies of the present system.
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Bunch, Jaclyn, Scott Liebertz, and Kerri Milita. "Outcomes and outputs: Long-term effects of Temporary Assistance for Needy Families on caseload enrollment and poverty." Public Policy and Administration 33, no. 3 (January 17, 2017): 290–310. http://dx.doi.org/10.1177/0952076716687353.
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The Welfare Reform Legislation of 1996 is often cited as one of President Clinton’s most notable achievements, as this law was followed by sizable reductions in states’ welfare loads. Did this policy devolution lead to lower state poverty—as was suggested by reform advocates? We re-examine the effects of the new welfare regime on state-level poverty and welfare enrollment between 1996 and 2012. This is important to complement existing studies of individual-level experience with the welfare system. Our analysis confirms that the federal-to-state welfare transition eased the states’ caseload burden and poverty rate. We also find evidence that the relationship between welfare restrictiveness and caseload burden was strongest in the period before the recession, and with the inclusion of post-recession years, higher level restrictiveness may have little to no effect on reducing caseload. While state decisions to increase welfare restrictiveness did reduce poverty, our results show no added benefit to those with the highest levels of welfare restrictions. These findings reinforce the need to match policy goals to social outcomes, rather than relying on output measures such as caseload reduction.
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Gale, Peter. "Rights, responsibilities, and resistance: Legal discourse and intervention legislation in the Northern Territory in Australia." Semiotica 2016, no. 209 (March 1, 2016): 167–85. http://dx.doi.org/10.1515/sem-2016-0010.
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AbstractIn the shadow of the United Nations Declaration on the Rights of Indigenous Peoples, adopted and endorsed by 143 nations on 17th September 2007, the then Howard Government suspended the Racial Discrimination Act in Australia to implement the Northern Territory Emergency Response Bill, commonly referred to as the Northern Territory intervention. This legislation included the compulsory acquisition of townships; the suspension of the permit system to access Aboriginal communities; the removal of customary law or cultural practices in any legal considerations in sentencing; the abolition of the Community Development Employment Projects; and the quarantining of a proportion of welfare benefits for all recipients in designated communities. While Australia was one of only four nations who did not endorse the Declaration in 2007, the UN Declaration was subsequently adopted and endorsed in April 2009 by the then Rudd Labor Government. The ratification of the UN Declaration may appear to reflect a change of policy, yet amidst significant Indigenous opposition and criticism of the United Nations, the Gillard Labor Government continued the central tenants of the NT Intervention for a further ten years in the form of the Stronger Futures legislation in 2012. This essay explores some of the tensions and contradictions inherent within legal and political discourse in the recognition of rights between the rights of the child on the one hand, and Indigenous rights and citizenship rights within the Northern Territory Intervention legislation and policy of Stronger Futures in the Northern Territory.
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Vlasenko, V. "Subjects of public law: interpretational aspects of normative provisions of international legal instruments and legislation of Ukraine." Uzhhorod National University Herald. Series: Law 1, no. 78 (August 28, 2023): 14–19. http://dx.doi.org/10.24144/2307-3322.2023.78.1.2.
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The article examines the normative provisions of international legal instruments and national legislation that contain defining aspects of subjects of public law. It is established that the concept of «subject of public law» is closely related to the concepts of «public service,» «public interest,» and others. The analysis of the content of these concepts demonstrates that subjects of public law are endowed with rights and legal obligations aimed at safeguarding, regulating, and ensuring the public interest. The key aspects of the latter are identified in international legal instruments. In particular, the normative provisions of the Universal Declaration of Human Rights indicate that public interest is the aspiration to achieve the common welfare in society. The Charter of the United Nations contains provisions that perceive public interest as the absence of threats to peaceful coexistence of all nations.Based on this basis, public interest is defined as a priority task for states, public authorities, officials, etc., that have societal, state, or international significance and are driven by the necessity to achieve the common welfare of society.It is argued that subjects of public law should include the state as a whole and all state bodies (including those without legal personality) that are integral parts of the state mechanism. They have their own structure defined by law, clearly delineated powers in the exercise of state authority, and also encompass any private law entity that performs the functions of a state body. Public authorities without legal personality include territorial bodies of the central executive authority responsible for implementing state customs policy and central executive authorities responsible for implementing state tax policy. Legal entities of public law are also considered subjects of public law, despite not being part of the executive authority system. The constitutional and legal status of local self-government allows it to be characterized as an independent form of public authority alongside state authority within a territorial community. In addition to the mentioned subjects, other subjects of public law are identified, such as state registrars and subjects of state registration, who are authorized by law to provide administrative services.It is noted that the study of normative legal provisions containing defining aspects of subjects of public law enhances the cognitive possibilities for a systemic understanding of the subjective-substantial component of the national legal system. It contributes to the improvement of the functioning and interaction of public authorities, which is an important factor in building the rule of law and ensuring the rights and freedoms of individuals and citizens.The most significant features of subjects of public law are identified, namely: they are formed in accordance with the norms of public law, their purpose of creation and activity is to ensure the realization of public interest, their establishment and functioning are not dependent on private will and private interests of individuals, they facilitate the implementation of state governance and/or the performance of tasks and functions of the state as envisaged by the Constitution and laws of Ukraine. They are empowered to exercise state authority within the scope of their powers, based on and in the manner prescribed by legislation.Subjects of public law are proposed to be understood as participants in public legal relations that are established in a defined manner by imperative legal norms in order to ensure the realization of public interest.These subjects are endowed with state authority and empowered to engage in socially significant activities to achieve this goal.
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Dufala, Martin, and Lenka Grešová. "Do Animals Have Any Rights in Slovakia?" Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 47–65. http://dx.doi.org/10.17951/sil.2021.30.3.47-65.
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This article focuses on assessing whether the current Slovak legal framework provides animals with a sufficient level of protection against cruelty and maltreatment. Past and current Slovak legislation on animal protection was analyzed in light of the major animal welfare challenges that Slovakia faces today. Contrary to what the title of the study suggests, a different approach was chosen to strengthen the protection of animals – not through the concept of animal rights, but the concept of human rights to a favourable environment. In addition, the possibility of using the already existing environmental law legal instruments when the well-being of animal is threatened was discussed.
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SOTIROPOULOU, VASSILIKI, and DIMITRI A. SOTIROPOULOS. "Childcare in Post-Communist Welfare States: The Case of Bulgaria." Journal of Social Policy 36, no. 1 (December 21, 2006): 141–55. http://dx.doi.org/10.1017/s0047279406000419.
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In transition societies such as contemporary Bulgaria, the legacy of the communist past in childcare policy is reflected in the state-centred mentality of officials, the tendency towards over-regulation and the complex and inefficient relations among multiple state actors. The traditional approach to children as objects of protection rather than as subjects of rights still prevails. Efforts to modernise legislation and to introduce innovative childcare schemes lack provision of implementation mechanisms. Such efforts are often driven more by the government's need to show progress to international and EU agencies than by commitment to a rights-based approach in childcare. Bulgarian and international NGOs gradually assume a more decisive role in childcare. Reform is needed in institutional care, legislation, administrative structures of childcare, training of professionals and the mentality of care providers, politicians, bureaucrats and the wider public. However, reforms depend on genuine political will to change and implement policies, allocation of funds and change in attitudes.
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Sainsbury, Maree. "What's it Got to Do with Morality? Moral Rights: An Historic and Contemporary Perspective." Media International Australia 114, no. 1 (February 2005): 61–70. http://dx.doi.org/10.1177/1329878x0511400108.
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Australia introduced moral rights legislation in December 2000, giving effect to a doctrine that originated in civil law jurisdictions in the eighteenth century. The rights given effect to in Australia are the right of integrity, which allows the author to prevent derogatory treatment of their work, and the right of attribution, which mandates attribution of the author when the work is reproduced, published or otherwise communicated to the public. There is also the right to prevent false attribution of authorship. This article looks at the historical development of moral rights and examines why such an amendment to the law in Australia was necessary in a contemporary context. It discusses the implications of this amendment for the media and other industries.
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Mehdi Amirmahmoudi & Md. Zafar Mahfooz Nomani. "Access & Benefit Sharing Provisions Under Biodiversity Conservation Law in Australia & Its Implications for India." Legal Research Development 2, no. IV (June 30, 2018): 35–46. http://dx.doi.org/10.53724/lrd/v2n4.06.
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Australia played a major role in the developing ABS framework under biodiversity conservation law. Australia is a megadiverse country with complex ABS experience and possessed huge support from the biodiversity stakeholders. Australia has adopted the regulations regarding access benefit sharing under article 15 of CBD, 1992. The Australian legislation is in compliance with PIC and MAT. The agreement reaffirms faith in CBD, 1992, Bonn Guidelines, 2001 and Nagoya Protocol, 2009. The government system of Australia is a constitutional federation which is made up of six sovereign governments, two autonomous territories, and a national government. It has a ‘common law’ system adopted from Britain. Australia’s experience is extensive with ABS to draw lessons about developing an effective institutional mechanism for public and private sector with equitable benefit sharing in scientific and commercial access. The access and benefit sharing provisions under biodiversity conservation law in Australia have potential impact to design its national laws and policies for India by synergizing environmental law and intellectual property rights in a sustainable framework.
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Saija, Vica J. E. "PERATURAN MAHKAMAH AGUNG DAN PERATURAN MAHKAMAH KONSTITUSI MENURUT JENIS PERATURAN PERUNDANG-UNDANGAN DI INDONESIA." SASI 20, no. 2 (December 1, 2014): 1. http://dx.doi.org/10.47268/sasi.v20i2.321.
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The division of state power is divided into legislative power, executive power and judicial power. The task of government in carrying out public welfare within the meaning of the Constitution of the Republic of Indonesia Year 1945, in the implementation of needed legislation. Legislation in Indonesia is regulated in Law Number 12 Year 2011, the criteria used for such a legal instrument called a regulation regulations are written rules that contain legal norms binding in general and formed or defined by state agencies or officials authorized through the procedures laid down in Regulation Legislation. In Article 8 paragraph (2) one of the rules in the legislation recognized that Regulation of the Supreme Court and the Constitutional Court Regulation, then in this paper are analyzed on both the regulation which do not meet the criteria of legislation such as that contained in the Act No. 12 of 2011
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Vickers, Ros. "The Regulation of Natural Resources Law in Australia for Indigenous People." Jambe Law Journal 2, no. 2 (January 28, 2020): 99–117. http://dx.doi.org/10.22437/jlj.2.2.99-117.
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Natural resources law in Australia seeks to regulate, protect and conserve natural resources, while providing consideration to the economic value of projects and permit activities to occur. The same environmental laws apply to indigenous peoples as well as other members of the public in Australia. However the recognition of native title rights and sacred sites through legislation can acknowledge the special relationship that indigenous people have with the environment through traditional laws and customs. Indigenous people have a special relationship with their environment that does not easily fall within categories of western values of the environment, and for this reason there is often tension between the common law legal system and indigenous people. While there has been significant process working towards a more harmonious regulatory system of natural resources, there is still work to be done. This paper will outline the structure of indigenous rights impacting natural resource regulation in Australia, focusing on the Northern Territory, and will examine the origins of environmental law and indigenous rights
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Weller, Penny. "Human Rights and Social Justice: the Convention on the Rights of Persons with Disabilities and the quiet revolution in international law." Public Space: The Journal of Law and Social Justice 4 (November 28, 2009): 17. http://dx.doi.org/10.5130/psjlsj.v4i0.1167.
Full textAbstract:
On the 60th anniversary of the Universal Declaration of the Human Rights (UDHR) the Commonwealth Attorney General announced a national public consultation concerning the need for better human rights protection in Australia and the viability of a federal human rights charter. Whether or not the anticipated Charter includes social, economic and cultural rights is directly relevant to questions of social justice in Australia. This paper argues that the legislative acknowledgment of civil and political rights alone will not adequately address the human rights problems that are experienced in Australia. The reluctance to include economic, social and cultural rights in human rights legislation stems from the historical construction of an artificial distinction between civil and political rights, and economic social and cultural rights. This distinction was articulated and embedded in law with the translation of the UDHR into binding international law. It has been accepted and replicated in judicial consideration of the application on human rights legislation at the domestic level. The distinction between the two forms of rights underpins a general ambivalence about the capacity of human rights legislation to deliver social justice and echoes a critical tradition in legal philosophy that cautions against the reification of law. Coming into force early in the 21st century, the Convention of the Rights of Persons with Disabilities illustrates the effort of the international community to recognize and eschew the burden of the false dichotomy between civil and political and economic, social and cultural rights. Acknowledging the indivisible, interdependent and indissociable nature of human rights in Australia is a crucial step toward achieving human rights based social justice.
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Libesman, Terri, and Paul Gray. "Self-Determination, Public Accountability, and Rituals of Reform in First Peoples Child Welfare." First Peoples Child & Family Review 18, no. 1 (February 20, 2024): 81–96. http://dx.doi.org/10.7202/1109656ar.
Full textAbstract:
First Peoples continue to face intergenerational harms as a result of settler systems of intervention in the lives of their families, including the forced removal of children. First Peoples resistance includes advocacy for systemic change, in particular, focused on foundations of greater accountability in child welfare systems, and recognition of First Peoples’ right to self-determination. However, achieving these necessary structural changes remains a pressing challenge. Using the example of the recent Aboriginal-led review of child welfare in New South Wales (NSW), Australia, ‘Family is Culture’, this paper explores the cycle of inquiry and response, and the repeated failures to enable self-determination or strengthen public accountability and oversight. Drawing on concepts including legitimacy and the rule of law, we conceptualise this pattern of reviews as a ritual of redemption by settler child – welfare systems, distancing themselves from ‘past’ wrongs while refusing to address the harmful foundations of these systems, thereby perpetuating the violence imposed on First Peoples children, families and communities. This contrasts with First Peoples’ frameworks for child welfare reform, which must be urgently realised in order to establish such systems on more just and effective foundations.