Castan Centre for Human Rights Law

law.monash.edu.au/castancentre

Annual Report 2014 Contents

About the Castan Centre...... 1 About Ron Castan AM QC ...... 1 2014 In Review ...... 2 Castan Centre programs...... 3 Public education...... 3 Public lectures...... 3 The Castan Centre is Conference...... 5 unique in that it blends Gala dinner...... 6 the intellectual rigour of Have you got that right?...... 7 human rights law and Student programs...... 8 Global Internship Program...... 8 brings human rights to In-house Internship Program...... 9 life in practical ways. Native Title Internships ...... 9 Human Rights Moot Competition...... 9 As a place of learning and action, I have Policy...... 10 Submissions to parliamentary committees...... 10 had a long and warm Media...... 11 association with the Social media...... 12 Centre. Research...... 13 Books and edited collections...... 13 – Jose Ramos Horta, President of Timor Book chapters...... 13 Journal articles...... 13 Papers...... 13 Grants awarded...... 14 Ongoing grants...... 14 Research consultancies...... 14 Other...... 14

Teaching and supervision ...... 15 Postgraduate units...... 15 Undergraduate...... 15 PhD, SJD and LLM major thesis completions...... 15 PhD...... 15 SJD...... 16 Honours...... 16 Masters by research...... 16 LLB research...... 16

Our People...... 17 Awards...... 17 Funding...... 18 Our supporters...... 18 About the Castan Centre

Since AC CMG officially opened the Castan Centre for Human Rights Law in October 2000, our dedicated staff have strived to create a stronger culture of human rights in . At the Castan Centre we believe that human rights must be respected and protected, allowing people to pursue their lives in freedom and with dignity. In our pursuit of a stronger human rights culture for Australia, we work in six broad areas:

Public education, including numerous Student programs aimed at tertiary and Research leading to the publication of public lectures, roundtables, conferences secondary students, including internship monographs, textbooks, handbooks and and workshops featuring prominent programs, mooting competitions, and practical guides on a variety of human Australian and international human rights careers seminars. rights issues. figures, and an increasing social media Teaching, through the oldest human rights Human rights training and consultancies presence. law masters degree in Australia, as well aimed at educating Australian and Policy, through submissions to as a thriving undergraduate human rights international government officials about parliaments, direct representations to program. human rights. governments and contributions to public debates on important issues.

About Ron Castan AM QC

Ron Castan was a passionate advocate for the recognition and protection of human rights and a distinguished member of the Victorian Bar. He is best remembered for his role as lead counsel on the landmark The Castan Centre Mabo case, which recognised native title is a jewel in over land. Ron toiled on the case for over 10 years and, according to Greg McIntyre, the crown of a lawyer who worked with Ron on the matter, he ‘effectively under-wrote the Australian law whole claim’. – The Hon. Michael Kirby AC CMG, Prior to the Mabo case, Ron worked former High Court judge on the landmark Gove and Koowarta land rights cases, and helped found the Victorian Aboriginal Legal Service. His commitment to human rights extended beyond Indigenous issues. He was a ‘There was a sort of member of the Victorian Equal Opportunity Commission and President of the Victorian a ruthlessness in Ron Council for Civil Liberties (now Liberty Victoria). Ron led the campaign against Castan. A ruthlessness the Australia Card in the 1980s and was on behalf of justice.’ a key player in negotiations over the Wik native title legislation in the 1990s. He died – Thomas Kenneally AO in 1999.

1 2014 in review

By Professor Sarah Joseph, Castan Centre Director

Monash seeks to improve the human condition by advancing knowledge and fostering creativity. It does so through research and education and a commitment to social justice, human rights and a sustainable

environment. Let people be who they are: LGBTI rights are human rights, Professor – Statement of Purpose Michael O’Flaherty, Director of the Irish Centre for Human Rights at the National University of Ireland

In 2014 our annual conference once again The Centre also contributes to public in October coming from all walks of life. hosted over 300 attendees at the spacious debate through its policy work. Utilising the A highlight of the evening was the keynote and light-filled Deakin Edge in Federation Centre’s world-class expertise on human speech by the Australian Federal Race Square. Our conference remains the rights, we provided advice to governments Discrimination Commissioner, Dr Tim only annual human rights conference and parliamentary committees on a wide Soutphommasane, on freedom. in Australia, and is a vital fixture on the range of topics, including electoral reform, The Castan Centre took a great leap into Australian human rights calendar. As migration law, detention of asylum seekers the unknown in 2014, producing a series of always, the speakers were of a very high and foreign fighters. Alongside this direct human rights videos called ‘Have You Got standard, headlined by the Hon. Michael engagement with government, the Centre That Right?’. The videos use humour to Kirby AC CMG who had just finished as also helped inform public conversation by answer important human rights questions Head of the UN Commission of Inquiry on engaging with Australian and international ‘quickly, clearly and in a way that won’t Alleged Human Rights Violations in the TV, radio and print media. The Centre’s put you to sleep’, as the tagline goes. Democratic People’s Republic of Korea, media presence was augmented by its The videos address important, engaging and Jillian C. York, Director of International innovative work on social media, which issues such as ‘is there a right to marriage Freedom of Expression at the US-based saw significant increases in the Centre’s equality?’ and ‘do I have a right to be free Electronic Frontier Foundation. Jillian was Twitter and Facebook followers and rapid from government surveillance?’. our inaugural Visiting Activist under a new growth in its YouTube content. Furthermore, program generously funded by Maurice for the first time in 2014, we released an In addition to our specific student Blackburn. annual temperature check on national and programs, Centre academics form the international human rights, entitled the backbone of the longest-running Masters Running throughout the year, our vibrant ‘Castan Centre Human Rights Report’. course in Australia devoted to human and challenging public education program rights law, as well as the rich offerings in highlighted some of the most important As a university-based human rights centre, the area available at Monash University human rights issues, both here and around nurturing students’ passion for human at the undergraduate level. As ever, all of the world, including digital surveillance, rights and shaping tomorrow’s human the Centre’s work is underpinned by its hate speech laws, rights of persons with rights leaders is a vital part of what we do. outstanding research capabilities, which disabilities and LGBTI rights. Our 2014 2014 was the year that our human rights produced a large number of books, journal calendar was packed with public lectures mooting competition went truly national, articles, conference papers and research and forums, featuring 23 speakers across with 16 teams from around the country consultancies on human rights in Australia 12 events. competing. Our leading Global Internship and overseas. Program again sent future human rights leaders around the world, while on home As the Centre continues to grow, we soil, we provided research opportunities look forward to further strengthening our to passionate Monash Law students. core work, and expanding to even wider horizons in 2015. Three hundred ‘friends of human rights’ attended our 2014 fundraising Gala Dinner

2 Castan Centre programs

Public education

The Castan Centre provides one of the country’s premier public education programs featuring Castan Centre academics and visiting experts from a range of fields on vital human rights topics. We make our events accessible to as many people as possible by making most events free-of-charge, ‘live tweeting’ events and posting video, audio and papers online wherever possible.

Public lectures

Our 2014 calendar was packed with public –– Professor Wendy Bacon, Professorial ■■ Panel forum – Arthur, Martha and lectures and forums, featuring 23 speakers Fellow at the Australian Centre for everyone else: equality now for intersex, across 12 events. As always, the topics Independent Journalism, UTS trans and gender diverse people, 7 covered a broad range of fascinating issues –– Moderator: Damien Carrick, Presenter October 2014. and featured nine international guests of ABC Radio the Law Report Panelist: including Kenneth Roth, Executive Director ■■ Lecture – Kimberley Brownlee, Associate –– Tony Briffa, former mayor and current of Human Rights Watch and Professor Professor of Legal and Moral Philosophy vice president of Australia’s two Michael O’Flaherty, Director of the Irish at the University of Warwick, Being intersex advocacy groups. Centre for Human Rights at the National social: The human right against social University of Ireland. –– Sally Goldner, Executive Director deprivation, 16 April 2014. TransGender Victoria and presenter The 2014 public lectures were: ■■ Lecture – Professor Gavin Phillipson, of 3 CR’s Out of the Pan ■■ Lecture – Shui Meng Ng, the wife Chair in the Law at the University of –– Kenton Penley Miller, Education of Sombath Somphone, Enforced Durham, Hate speech laws: What they Consultant with VEOHRC. Disappearances in Asia: the cast of should and shouldn’t try to do, 23 April ■■ Panel Forum – Prison Overcrowding and Sombath Somphone, 6 March 2014. 2014. Human Rights, 6 November 2014. Panelists: ■■ Panel Forum – Afghanistan at a Panelist: –– Andrew Beswick, Director of crossroads, 16 May 2014. –– Deborah Glass OBE, the Victorian Community Engagement for Amnesty Panelists: Ombudsman International Australia –– Col Najibullah Samsour, Chief of Police –– Dr Bronwyn Naylor, Associate –– Andrew Nette, Organiser of Shui of District 10 in Kabul Professor in the Law Faculty at Meng’s visit to Australia –– Ms Zulaikha Rafiq, Director of the Monash University –– Moderator: Dr Adam McBeth, Afghan Women’s Educational Centre –– Dr Gideon Boas, Associate in the Law Associate Professor, Faculty of Law, –– Mr Mohammad Sharif, Policy and Faculty at Monash University and a Monash University, Deputy Director, Advocacy Officer at Oxfam in Barrister at the Victorian Bar Castan Centre for Human Rights Law. Afghanistan ■■ Lecture – Professor Michael O’Flaherty, ■■ Lecture – Kenneth Roth, Executive –– Chaired by: Professor Jacqui True, Director of the Irish Centre for Human Director of Human Rights Watch, Associate Dean of Research (ARTS), Rights at the National University of Surveillance and the Right to Privacy Monash University. Ireland, a Holding Redlich Distinguished in a Digital Age, 2 April 2014. ■■ Lecture – Karima Bennoune, Professor Visiting Fellow, Let people be who they ■■ Panel forum – A Special Castan Centre at the University of California, Your Fatwa are: LGBTI rights are human rights, 20 Event: Freedom Forum, 9 April 2014. does not apply here: Untold stories from November 2014. Panelists: the fight against Muslim fundamentalism, ■■ Symposium – Australia Achieving 28 May 2014. Universal Birth Registration, 2 December –– Professor Sarah Joseph, Castan 2014. Centre Director ■■ Castan Centre for Human Rights Law/ King & Wood Mallesons Annual Lecture –– Joe Caputo OAM JP, Chair of – Professor Emeritus Ron McCallum AO, Federation of Ethic Communities’ ‘Nothing About Us Without Us’: National Councils of Australia Responses to the CRPD Six Years On, 22 August 2014.

3 A packed audience at our special Kenneth Roth, Executive Director of Kimberley Brown asks, “Do we have a Freedom Forum Human Rights Watch and Castan right against social deprivation?” Centre Director Professor Sarah Joseph

Conference

In 2014 our annual conference once again ■■ Waleed Aly, Age Columnist, host of ■■ Elaine Pearson, Australia Director at hosted over 300 attendees at Deakin Edge Drive on ABC Radio National and Human Rights Watch, Shut out and shut in Federation Square. Our conference Lecturer in politics at Monash University, up: The Consequences of Australia’s remains the only annual human rights ‘The Australian Freedom Debate. border protection polices. conference in Australia, and is a vital fixture ■■ Professor George Williams AO, ■■ David Yarrow, Victorian Bar, The Australian on the Australian human rights calendar. Foundation Director of the Gilbert + Tobin Way of Indigenous Consent. Speakers at the conference were: Centre of Public Law at the Faculty of ■■ Dr Ronli Sifris, Monash University Law Law, University of , School, Castan Centre Associate, ■■ The Hon. Michael Kirby AC CMG, Chair of The High Court: the Constitution and Reproductive Rights: Recent the UN Commission of Inquiry on Alleged Human Rights. Developments. Human Rights Violation in the Democratic People’s Republic of Korea, Human ■■ Dr Cassandra Goldie, CEO of the Special thanks go to the Conference Rights abuses in North Korea. Australian Council of Social Services (ACOSS) Addressing poverty and sponsors – Holding Redlich, Maurice ■■ Associate Professor Adam McBeth, inequality in Australia: Current social Blackburn Lawyers, Corrs Chambers Castan Centre Deputy Director There Ain’t policy challenges. Westgarth Lawyers, Eureka Street, the no Votes in Aid: the Impact of the ‘New National Australia Bank, Cambridge ■■ Jillian C. York, Director of International Aid Paradigm’ on Human Rights. University Press and Online Opinion. Freedom of Expression Electronic Frontier Foundation, Internet Spying: The Impact on Societies.

Michael Kirby, fresh from presenting Castan Centre Director Professor Waleed Aly captivated the audience the UN report of the commission Sarah Joseph and Elaine Pearson, with his discussion of free speech of inquiry into human rights abuses Australian Director at Human in North Rights Watch listen to Jillian C York, Director for International Freedom of Expression at the Electronic Frontier Foundation

4 Comedian Claire Hooper was our host Guests enjoy pre-drinks on the deck Dr. Tim Soutphommasane delivers the for the evening overlooking Albert Park Lake and the keynote speech. Melbourne CBD skyline

Gala dinner Have you got that right?

Three hundred friends of human rights The Castan Centre took a great leap into So far 10 videos have been produced and attended our 2014 fundraising Gala Dinner the unknown in 2014, producing a series are being released over 2014/2015 with coming from all walks of life, including of human rights videos using a combination extra resources available for those who lawyers, academics, students and of live action and green screen animation. wish to investigate further also available on representatives from the corporate and the website www.haveyougotthatright.com. Have You Got That Right? is an innovative community sectors. The next series of 10 videos is currently series of videos answering important in production. A highlight of the evening was the keynote human rights questions “quickly, clearly and speech by Dr Tim Soutphommasane, the in a way that won’t put you to sleep”. The The ‘Have you got that right?’ project Australian Federal Race Discrimination aim of the series is to put rights in context would not be possible without the generous Commissioner. His speech focused on by referring to topical issues rather than support of The Newman’s Own Foundation, the central theme of freedom — freedom simply trying to explain each human right. The Victoria Law Foundation, our creative to express one’s identity, to live with So, instead of asking “what is the right partners Jumbla, the Nordia Foundation, dignity, and to participate equally in to non-discrimination?” we ask “is there the Monash Vice-Chancellor and Australian society, free from bigotry and a right to marriage equality?” Instead of thousands of hours of pro-bono assistance discrimination. asking “What is the right to privacy?”, we by industry professionals. are asking “do I have a right to be free from The evening was also an opportunity to government surveillance?”. give our supporters a sneak peak of the ‘Have you got that right?’ project.

Creative partners Jumbla have shooting gets underway with Actor Actor Nicolette Minster and Creative created a visually arresting style Matt Furlani in our Marriage Equality Director Robert Hall address the issue for our videos and website episode of surveillance in an advertisement for our new tongue in cheek product ‘Total Watch’

5 Student programs

As a university-based human rights centre, nurturing students’ passion for human rights is a vital part of what we do. The Centre was founded by academics who have devoted their careers to teaching human rights law, and from the outset the Centre has sought to increase engagement with students beyond the classroom.

Global Internship Program In-house Internship Program Native Title Internships

The 2014 program saw six students flying The Centre strives to give as many students As part of its collaboration with the Aurora off to leading human rights organisations as possible an experience of working in Project, the Castan Centre supports the across the world, making a total of 64 human rights policy and research through Aurora Native Title Internships, which interns since the program was introduced our In-house Internship Program. Some send university students from all over in late 2005. of the many projects the interns worked Australia to native title representative on included preparing legal briefs for our bodies, Indigenous policy bodies and Interns receive a stipend to cover living “Have you got that right?” video project, other organisations focusing on Indigenous costs, insurance and airfares which offset research for submissions to Parliamentary rights. the vast majority of interns’ costs, thereby committees, drafting articles for the bi- making the program available to a wide The 2014 interns from Monash University annual newsletter and assisting at Centre set of students. Interns also take part were Laura Henderson, Tali Rechtman, events. in a cross-cultural training course prior Kate Lyle, Sean Mulchay, Cassandra Martin to departure and then blog about their Our 2014 In-House Interns were: and Shanti Fatchen (Winter 2014 intake); experiences while on assignment (see the and Margot Eliason, Louise Almeida, ■■ Summer: Nathan Van Wees, Candice social media report in the policy section, Sophie Brown, Caitlin Murphy and Mark Colman. below). Gilbert (Summer 2014/15 intake). ■■ Semester 1: Stephanie Sprott, Josephine The 2014 Global Interns were: Langbien. Human Rights Moot ■■ Ruvini Leitan, Human Rights First, New ■■ Winter: Milli Allan, Nina Calleja, Georgia York City. Dobbyn. Competition ■■ Sally Harris, International Women’s ■■ Semester 2 : Andrew Brooks, Tienyi The 2014 Human Rights Moot was our Rights Action Watch – Asia Pacific, Kuala Long, Stephen Moore. biggest one yet, with the competition going Lumpur and Geneva. truly national for the first time. Sixteen ■■ Claerwen O’Hara, Center for teams from eleven entered, Constitutional Rights, New York City. representing almost every Australian state ■■ Kelsey Paske, United National Special and territory. The preliminary rounds and Rapporteur on the Right to Health, Delhi. semi-finals were judged by Victorian Equal Opportunity and Human Rights Committee ■■ Isabella Royce, International Commission of Jurists, Geneva. staff members, Clayton Utz lawyers and barristers, including recently retired ■■ Chandni Dhingra, Bridges Across Federal Court judge, Peter Gray, now an Borders/Equitable Cambodia Phnom Adjunct Professor at Monash University. Penh A distinguished bench presided over the We acknowledge the support of the 2014 grand final comprising Justice Debbie Global Internship supporters: Daniel and Mortimer of the Federal Court, VEOHRC Danielle Besen, the Bennelong Foundation, commissioner Kate Jenkins and Professor the Nordia Foundation, the Monash Law (Front L-R) Kelsey Paske, Chandni Zifcak Spencer, Allan Myers Chair of Law at Faculty’s Student Mobility Fund, and Dhingra, Isabella Royce (Rear ACU. After a fiercely competitive four days, MyriaD Consultants, which conducts L-R) Ruvini Leitan, Sally Harris, the team from Melbourne University were the pre-departure cross-cultural training. Claerwen O’Hara) victorious over the University of . The other semi-finalists were Monash University and Bond University. We acknowledge our moot sponsor, Clayton Utz, which has generously supported the competition since its inception in 2007.

6 Policy

In 2014 the Centre utilised its world-class human rights expertise to influence public debate and government policy by providing impartial and independent views on important human rights issues to government, engaging regularly with traditional and mainstream media, and continuing the Centre’s high profile social media presence.

Submissions to parliamentary committees Media

The Centre has a long history of influencing ■■ P. Emerton and M. O’Sullivan, Submission By engaging with the media, the Centre parliamentary debate and securing to the Senate Legal and Constitutional reaches a wider audience and can amendments to legislation and policy Affairs Committee on the Inquiry into influence and inform public debate on through its submissions. The Centre’s the Migration and Maritime Powers human rights issues. The Centre’s media submissions in 2014 were: Legislation Amendment (Resolving the engagement comprised 43 mentions, ■■ S. Kneebone, A. Dastyari, A.Fletcher, Asylum Legacy Caseload) Bill 2014, which included: October 2014. M.O’Sullivan and T.Penovic, Submission ■■ P. Gerber, ‘Calls for national abolition of to the Senate Legal and Constitutional ■■ P. Emerton, Submission to the gay sex conviction’, Radio interview with Affairs Committee on the Migration Parliamentary Joint Committee on ABC Radio’s PM program, 13 January Amendment (Regaining Control over Intelligence and Security on the Inquiry 2014. Australia’s Protection Obligations) Bill into the Counter – Terrorism Legislation ■■ M. O’Sullivan, ‘The man who won’t be 2013, January 2014. Amendment (Foreign Fighters) Bill 2014, questioned’, New Matilda, 16 January October 2014. ■■ A. Dastyari, M. O’Sullivan and T.Penovic, 2014. ■■ Submission to the Australian Human M. O’Sullivan, Submission to the Legal ■■ A. Dastyari, ‘Explainer: the legal Rights Commission National Inquiry into and Constitutional Affairs Legislation implications of “tow-backs”’, Children in Immigration Detention, April Committee on the Inquiry into the The Conversation, 20 January 2014. 2014. Guardian for Unaccompanied Children ■■ A. Dastyari, ‘60th anniversary of refugee Bill 2014, November 2014. ■■ A. Dastyari and T.Penovic, Submission convention’, Radio interview with SBS to the Legal and Constitutional Affairs ■■ P. Gerber and M. Castan, Submission World News Australia, 22 January 2014. References Committee on the Inquiry into to the Legal Affairs and ■■ P. Gerber, ‘Children and human rights the incident at the Manus Island Detention Community Safety Committee on the abuses: coming to an international Centre from 16 February to 18 February Justice and Legislation Amendment Bill stage?’, The Conversation, 30 January 2014, May 2014. 2014, December 2014. 2014. ■■ P. Emerton, Submission to the Senate ■■ P. Gerber, ‘More countries with anti- Legal and Constitutional Affairs gay laws than first thought’, The Star Committee on the Inquiry into the Observer, 7 February 2014. Provisions of the Independent National Security Legislation Monitor Repeal Bill ■■ P. Gerber, ‘Does Israel’s interrogation of 2014, May 2014. Palestinian boys violate human rights?’, The Conversation, 11 February 2014 ■■ P. Gerber, Submission to the Senate ■■ P. Gerber, ‘We should act on Uganda’s Legal and Constitutional Affairs oppression of gays’, The Drum, 18 Legislation Committee regarding the February 2014. Inquiry into the Foreign Marriages Bill 2014, July 2014. ■■ S. Joseph, ‘Freedom: the government’s inconsistent approach’, The Age, 8 April ■■ S. Joseph, Submission to the Legal 2014. and Constitutional Affairs Legislation Committee on the Inquiry into the ■■ S. Joseph, “The Biennale Boycott Migration Amendment (Protection and Blues”, The Conversation 22 March 2014 Other Measures) Bill 2014, July 2014. This year’s moot problem saw S. Joseph, ‘Radio discussion’, Radio prisoner ‘Mark’ arguing that National Outsiders, 6 April 2014. Corrections Victoria had breached ■■ P. Gerber, ‘Campaign for G20 action on the Victorian Charter of Human Rights children labour’, Radio interview on SBS and Responsibilities Act World News Radio, 11 April 2014.

7 Social media

■■ P. Gerber and M. Castan, ‘Children’s ■■ P. Gerber, ‘LGBT Group Suggests As increasing numbers of people have complaints to the UN could embarrass Australia to withdrawal from turned to social media for news and Canberra but should be heard’, The Age, Commonwealth’, RIA Novosti, 24 July views on myriad issues, the Centre has 20 April 2014. 2014. increasingly used social media tools to ■■ A. Dastyari, ‘Asylum seekers: we can’t ■■ P. Gerber, ‘A Crime to be Gay in Majority engage with the general public on human ignore our international law obligations’, of the Commonwealth’, Jewish Business rights. The Centre is committed to using The Conversation, 30 April 2014. News, 27 July 2014. some of the most popular platforms to further its goal of increasing public ■■ J. Kyriakakis, ‘Preventing another Rana ■■ P. Gerber, ‘World Wide Wave on North education in the area of human rights. For Plaza disaster’, ECU Daily, 4 May 2014. Korea: International law and world politics this reason, the Centre currently operates getting in the way of basic human rights, ■■ P. Gerber, ‘Anti-gay preachers the following: increasingly target Pacific’, Radio New 29 July 2014. Zealand International, 20 May 2014. ■■ P. Gerber, ‘UN improves on LGBTI rights, ■■ A Twitter page (twitter.com/castancentre), ■■ P. Gerber, ‘Dateline Pacific evening despite ignoring many violations’, Star which is a trusted source of the latest edition’, Radio interview on Radio New Observer, 18 August 2014. news and opinion on human rights Zealand International, 20 May. ■■ P. Gerber, ‘Study suggests UN needs to issues. The Centre tweets an average of 29 links to human rights news, views and ■■ P. Gerber, ‘Many thousands of Australian improve tracking of LGBTI human rights reports each day. children have no ‘official’ identity’, ABC abuses’, Gay News Network, 19 August Radio National, 9 June 2014. 2014. ■■ A Facebook page (facebook.com/ thecastancentre), which predominantly ■■ P. Gerber, ‘US Imposes sanction on ■■ M. Castan, ‘Explainer what Indigenous publicises the Centre’s latest goings-on, Uganda gay laws’, Radio interview with Constitutional recognition means’, including upcoming events, blog posts ABC Radio World Today, 20 June 2014. The Conversation.com, 18 September 2014. and media stories, policy papers and ■■ A. Dastyari, ‘Handing over Tamils to the parliamentary submissions. state they fled breaks international law’, ■■ M. O’Sullivan, ‘Explainer does The Conversation, 3 July 2014. Cambodia Refugee deal comply with ■■ A YouTube channel, which hosts videos the convention’, 30 September 2014. of many of our public events, plus shorter ■■ A. Dastyari, ‘Deterring and denying interviews conducted with human rights ■■ P. Emerton, ‘Anti-Terrorism Laws’, Radio asylum seekers in Australia’, CNN, 20 experts. June 2014. Interview with ABC 10.00, 23. September 2014. ■■ Two blog sites: the main site ■■ P. Gerber, ‘A Crime to be Gay in the (castancentre.com) carries opinion Majority of Commonwealth Countries’, ■■ S. Joseph, ‘Swan Island protesters claim pieces by Centre academics on Pro Bono Australia’, 21 July 2014. they were hooded and stripped at ASIS base’, ABC, 9 October 2014. various issues while the secondary site ■■ P. Gerber, ‘Australian rights groups says (castanglobalinterns.wordpress.com) ■■ ‘Is the government allowed to spy on us?’, Commonwealth has failed LGBTI people’, carries reports posted by the Centre’s Gizmodo, 12 November 2014. Gay News Network, 22 July 2014. Global Interns when they are overseas ■■ P. Gerber, ‘Encourage, don’t isolate, ■■ ‘Have You Got That Right’, Australian on assignment. homophobic countries at Commonwealth Video Series Can Tell You the Answer’ We believe that social media is a vital tool Games, say …’, Star Observer, 22 July Global Voices, 3 November 2014 . for creating a stronger human rights culture 2014. ■■ S. Joseph, ‘The Zone transcript: by engaging with our existing supporters Professor Sarah Joseph on human rights’, ■■ P. Gerber, ‘Should Australia legally and reaching new audiences. Our plan is to The Age, 23 November 2014. recognise same-sex marriages validly …’, strongly expand our social media presence On Line Opinion, 23 July 2014. ■■ Castan Centre Launches Video Project: in the coming years. ■■ P. Gerber, ‘Commonwealth Slammed ‘Have You Got That Right’, LOTL over LGBTI rights’, Gay New Zealand, 23 Magazine, 26 November 2014. Relevant year-end statistics for social July 2014. ■■ S. Joseph, ‘Reflections on a Dark Week’, media (with 2013 figures in brackets) were: ■■ P. Gerber, ‘Australian LGBT group calls The Age, 19 December 2014. ■■ 6190 followers on Twitter (5,080). for withdrawal from Commonwealth over ■■ 3,588 followers on Facebook (3,068). anti-gay laws’, PinkNews.co.uk, 24 July ■■ 29,863 hits on its main blog site for the 2014. year (31,638). ■■ P. Gerber, ‘Commonwealth could do with ■■ 3,443 hits on its Global Interns blog site a rub of the green’, Irish Examiner, 24 July for the year (6,262). 2014. ■■ 13,481 views on its YouTube site for the year (6,992).

8 Centre staff produced the following posts ■■ A. Dastyari, ‘Asylum seekers: we can’t ■■ P. Emerton, ‘The High Court’s Sri Lanka for the main blog site in 2014: ignore our international law obligations’, asylum seeker case: the legal issues’, 1 May 2014. 9 July 2014. ■■ M. Smith, ‘Queensland’s voter ID laws likely to disenfranchise Indigenous ■■ P. Gerber, ‘2014 Castan Human Rights ■■ P. Gerber, ‘Ian Thorpe came out, but in in Australians’, 22 January 2014. Report: LGBTI around the world, Australia – a wise decision’, 14 July 2014. A rollercoaster ride!’, 2 May 2014. ■■ A. Dastyari, ‘Explainer: the legal ■■ P. Gerber, ‘Commonwealth Games: is it implications of ‘tow-backs’’, January ■■ A. Dastyari, ‘2014 Castan Human Rights time to stop playing?’, 22 July 2014. 2014. Report: Asylum seekers punished more ■■ P. Gerber, ‘Should Australia legally every year’, 5 May 2014. ■■ P. Gerber, “Children and human rights recognise same-sex marriages validly abuses: coming to an international stage’, ■■ M. O’Sullivan, ‘2014 Castan Human performed overseas?, 28 July 2014. 30 January 2014. Rights Report: Protecting asylum seekers’ ■■ P. Emerton, ‘The High Court reminds core rights’, 6 May 2014. ■■ J. Kyriakakis, ‘Too big to be sued? US us that immigration detention is not Supreme Court further limits corporate ■■ B. Naylor, ‘2014 Castan Human Rights simply at the government’s pleasure’, human rights litigation’, 3 February 2014. Report: Australia’s growing prisons crisis’, 15 September 2014. 7 May 2014. ■■ P. Gerber, ‘We should act on Uganda’s ■■ M. O’Sullivan, ‘Explainer: Does oppression of gays’, 19 February 2014. ■■ J. Debeljak, B. Naylor and A. Mackay Cambodia refugee deal comply with the ‘2014 Castan Human Rights Report: convention?’, 1 October 2014. ■■ P. Gerber, ‘LGBTI Rights and the UN – Human Rights in ‘closed’ environments, where to from here?’, 28 February 2014. ■■ P. Gerber, ‘Expunging convictions for 8 May 2014. gay sex: an old wrong is finally righted’, ■■ S. Joseph, ‘The Biennale Boycott Blues’, ■■ R. Sifris, ‘2014 Castan Human Rights 17 October 2014. 21 March 2014. Report: Reproductive rights still under ■■ P. Gerber, ‘Protecting the rights of LGBTI ■■ S. Joseph, ‘Rights to bigotry and green threat’, 9 May 2014. people: are things getting better or lights to green lights to hate’, 28 March ■■ H. Askola, ‘2014 Castan Human Rights worse?’, 28 October 2014. 2014. Report: Gender-based violence – beyond ■■ S. Joseph, ‘Have You Got That Right?’, ■■ A. Dastyari, ‘Why refuges need legal aid’, the first 20 years’, 12 May 2014. 28 October 2014. 7 April 2014. ■■ M. Castan and S. Gray, ‘2014 Castan ■■ M. O’Sullivan, ‘Questioning the queue: ■■ P. Gerber, ‘Should the west be held Human Rights Report: Indigenous rights blocking protection to asylum seekers accountable for gay persecution?’, – hastening too slowly’, 13 May 2014. in Indonesia’, 19 November 2014. 8 April 2014. ■■ P. Gerber, ‘IDAHO Day Post: Why the ■■ B. Naylor, ‘Prisons, overcrowding and ■■ S. Joseph, ‘Freedom: the government’s Pacific islands are no gay paradise’, human rights’, 24 November 2014. inconsistent approach’, 10 April 2014. 16 May 2014. ■■ M. Smith, ‘Four reasons why the CIA ■■ P. Emerton, ‘Why Tim Wilson is wrong ■■ P. Gerber, ‘As region’s homophobia turns torture program should never have about “n______”, 10 April 2014. deadly, let’s stand up for rights’, 3 June happened’, 12 December 2014. ■■ P. Gerber and M. Castan, ‘Is the 2014. Australian government scared of ■■ A. Dastyari, ‘Deterring and denying children?’, 25 April 2014. asylum seekers in Australia’, 25 June ■■ S. Joseph, ‘2014 Castan Human Rights 2014. Report: The “freedom” debate, 28 April ■■ M. Castan, ‘Freeing the RDA ‘Free 2014. Speech’ submissions’, 26 June 2014 ■■ McBeth, ‘2014 Castan Human Rights ■■ S. Kneebone, ‘Child workers in Vietnam Report: Human rights in need of aid’, face further exploitation’, 27 June 2014. 29 April 2014. ■■ A. Dastyari, ‘Handing over Tamils to the ■■ J. Kyriakakis, ‘2014 Castan Human state they fled breaks international law’, Rights Report: Corporations now less 4 July 2014. accountable’, 30 April 2014. ■■ M. O’Sullivan, ‘Preventing asylum seeker’s ■■ P. Emerton, ‘2014 Castan Human Rights return to harm through the High Court’, Report: ASIO’s human rights problem, 8 July 2014. 1 May 2014. Kenneth Roth, Executive Director or Human Rights Watch, with Sarah Joseph

9 Research

Much of the work produced by the Castan Centre is underpinned by its outstanding research capabilities. The Centre’s Director, five Deputy Directors and nine Associates produce research leading to books, journal articles, and conference papers.

Publications by Centre staff in 2014 were: ■■ Paula Gerber ‘Commentary on JM v QFG ■■ B. Naylor, ‘Unconscionability, Education & GK’ in Heather Douglas, Francesca and Indigenous Women: ACCC v Keshow Books and edited collections Bartlett, Trish Luker and Rosemary ‘in Heather Douglas et al (eds) Australian ■■ J. Debeljak, B. Naylor and A. Mackay Hunter (eds) Australian Feminist Feminist Judgments: Righting and (eds), Human Rights in Closed Judgements: Righting and Rewriting Rewriting Law Hart Publishing, Oxford Environment (Federation Press, Law (2014) Hart Publishers 391-396. UK, 2014, 175-179 Law in Context, 2014) ■■ S. Joseph, ‘Global Media Coverage of the ■■ M. O’Sullivan, ‘Identifying Asylum- ■■ T. Anthony, P. Crofts, T. Crofts, S. Universal Periodic Review (UPR) Process’, Seekers as Potential Refugees: Transfers Gray, A. Loughnan, B. Naylor, Waller & in Hilary Charlesworth and Emma Larking and ‘Acquired Rights’ under the Refugee Williams Criminal Law, Text and Cases, (eds), Assessing the Universal Periodic Convention’ in S. Kneebone et al (eds), 12th edition, Lexis Nexis Butterworths, Review (CUP, Cambridge, 2014), 147-166 Refugee Protection and the Role of Law: Sydney, 2013 (1031 pages). Conflicting Identities (Routledge, 2014) ■■ A McBeth, ‘What do Human Rights ■■ S. Joseph and M. Castan, “Federal Require of the Global Economy?’, in D Journal articles Constitutional Law, A Contemporary Reidy & C Holder (eds), Human Rights: ■■ M. Castan, “Achieving universal birth View” (2014) The Hard Questions, (2013, Cambridge registration for Indigenous Australians: University Press, UK) ■■ Bronwyn Naylor, Julie Debeljak and Anita recommendations from the Victorian Mackay (eds), Human Rights in Closed ■■ A McBeth, ‘The Shift Towards Emerging Law Reform Commission” (2014) v 8 (14) Environment (Federation Press, 2014) Economy Financing of Development Indigenous Law Bulletin 11 – 14 Projects: Implications for Human Rights ■■ R. Sifris, Reproductive Freedom, ■■ M. Castan, ‘The recognition of indigenous Standards’, in R Maguire & B Lewis Torture and International Human Rights: Australians in the teaching of Federal (eds),Shifting Global Powers: Challenges Challenging the Masculinisation of Torture Constitutional law, 2014, JALTA pp. 87-99 and Opportunities for International Law, (Routledge, 2014) (2013, Routledge, UK) ■■ Azadeh Dastyari, ‘Book Review: The Book chapters Liberty of Non-citizens: Indefinite ■■ B. Naylor, ‘Human Rights and Respect Detention in Commonwealth Countries, ■■ H. Askola, ‘Article 5 - Prohibition of in Prisons: the Prisoners’ Perspective’ Rayner Thwaites’, 21 Australian Journal of Slavery and Forced Labour’, in Steve in Protecting Human Rights in Closed Administrative Law230, 2014 Peers, Tamara Hervey, Jeff Kenner and Environments Law in Context, Federation Angela Ward (eds), The EU Charter of Press (2014) ■■ M. Davison and P. Emerton, Rights, Fundamental Rights: A Commentary privileges, legitimate interests, and ■■ B. Naylor, ‘Human Rights and People with (2014, Hart Publishing, Oxford UK) justifiability: Article 20 of TRIPS and plain Disabilities in Closed Environments’ (with packaging of tobacco, 29(3), American ■■ G. Boas, “Slow poison: joinder and the P. Frawley) in Protecting Human Rights University International Law Review, 505- death of Milosevic, in The Milosevic Trial: in Closed Environments Law in Context, 580, 2014. An Autopsy”, eds Timothy William Waters Federation Press (2014) (OUP, New York USA, 2014) pp. 106-119. ■■ Julie Debeljak, ‘Proportionality, ■■ B. Naylor, ‘Gender, Offending and Mental Rights-Consistent Interpretation and ■■ J. Debeljak, B. Naylor and A. Mackay, Disorder’ in P. Taylor, K. Corteen and S. Declarations under the Victorian Charter ‘Foreword’ in Bronwyn Naylor, Julie Morley.(Eds) A Companion to Criminal of Human Rights and Responsibilities: the Debeljak and Anita Mackay, (eds), Human Justice, Mental Health and Risk (Bristol, Momcilovic Litigation and Beyond’ (2014) Rights in Closed Environment (Federation UK: The Policy Press, Oct 2014). 40(2) Monash University Law Review Press, Law in Context, 2014) ■■ B. Naylor, ‘Prisoner/Patient: Prisons as 340-388 ■■ P. Emerton and T. Handfield, T., Mental Health Institutions’ in Eoin Carroll ■■ J. Debeljak, ‘The Impact of Charter ‘Understanding the political defensive and Kevin Walker (eds) Reimagining Jurisprudence on Human Rights in privilege’ in C. Fabre and S. Lazar (eds), Imprisonment in Europe (The Liffey Press, Prisons’ [2014] 2 Judicial College of The Morality of Defensive War (OUP, UK). Dublin 2014) pp195-216. Victoria Online Journal 153-165

10 ■■ Julie Debeljak, ‘Proportionality, ■■ J. Kyriakakis, ‘Rene Provost and Payam ■■ J. Debeljak, ‘The Impact of Charter Rights-Consistent Interpretation and Akhavan: Confronting Genocide’ (2014) jurisprudence of Human Rights in Closed Declarations under the Victorian Charter Criminal Law and Philosophy 1-8 (13 April Environments’ (Presented at Human of Human Rights and Responsibilities: the 2014) Rights in Victoria under the Charter: The Momcilovic Litigation and Beyond’ (2014) Development of Human Rights Law in ■■ B. Naylor, ‘Australia’s growing prisons 40(2) Monash University Law Review Victoria, Co-convened by the Supreme crisis’, The Castan Centre Human Rights 340-388. Court of Victoria, Faculty of Law Monash Report, 2014 University, the Judicial College of Victoria ■■ P. Emerton, Naturalising natural law? ■■ B. Naylor, J. Debeljak and A. Mackay, and the Victorian Law Foundation, Reflections on Martin Krygier’s Philip ‘Introduction: Implementing Human Melbourne, 7-8 August 2014 Selznick: Ideals in the World and Kristen Rights in Closed Environments’ in Rundle’s Forms Liberate: Reclaiming ■■ P. Emerton, The problem of ‘composition’ Bronwyn Naylor, Julie Debeljak and Anita the Jurisprudence of Lon L Fuller, (39), in legal reasoning, Australian Society of Mackay, (eds), Human Rights in Closed Australian Journal of Legal Philosophy Legal Philosophy Conference, Murdoch Environment (Federation Press, 2014) 161-175, 2014 University, Perth, July 2014. ■■ M. O’Sullivan, Before the High Court: ■■ P. Gerber, ‘Living a life of crime: The ■■ S. Gray, ‘Catspaw for a body-snatcher?: Minister for Immigration and Border ongoing criminalisation of Homosexuality the criminal law and nineteeth-century Protection v SZSCA: Should Asylum within the Commonwealth’ (2014) 39(2) treatment of Aboriginal human remains’, Seekers Modify their Conduct to Avoid Alternative Law Journal 78 paper presented at Sydney Institute of Persecution?’ 36(3), Sydney Law Review Criminology Criminal Law workshop, ■■ P. Gerber and J. Gory, ‘The UN Human 541-556, 2014 , 14 February 2014 Rights Committee and LGBT Rights: ■■ T. Penovic, Privatised immigration What is it doing? What could it be ■■ S. Joseph, “Freedom of speech in detention services: challenges and doing?’, 14 Human Rights Law Review Australia”, EDO CPD Seminar, DLA Piper, opportunities for implementing human (2014) 17 March 2014 rights, 30(2) Law in Context Human ■■ Paula Gerber, Kristine Tay and Adiva Sifris Rights in Closed Environments edited by ■■ S. Joseph, “Australia’s Freedom Debate”, ‘Marriage: A human right for all?’ (2014) Bronwyn Naylor, Julie Debeljak and Anita , 28 March 2014 36 Sydney Law Review 381-405. Macakay, 2014 ■■ S. Joseph, “Tintin and the right of self- ■■ Paula Gerber & Melissa Castan ‘Achieving ■■ R. Sifris, ‘Threats to Victoria’s Abortion determination”, ANZSIL conference, ANU universal birth registration for Indigenous Laws’, 39 (2), Alternative Law Journal 142, Canberra, 4 July 2014 Australians: Recommendations from the 2014 ■■ R Joyce, ‘Walter Benjamin and the Victorian Law Reform Commission’ (2014) Papers Messianic Promise of International Law’, 8(14) Indigenous Law Bulletin. at the Law and Contemporary Theory ■■ H. Askola, ‘Gender, Family Migration ■■ Paula Gerber and Farinaz Zamani Ashni, Working Group, Department of Rhetoric, Rules and Caring for Ageing Relatives’, ‘Burqa: Human Right or Human Wrong?’ University of California Berkeley (26 International Conference Gender and the (2014) 39(4) Alternative Law Journal September 2014) and at the Institute for Law: Limits, Contestations and Beyond, 231-234. International Law and the Humanities, Izmir, Turkey, 5 June 2014. Melbourne Law School (9 October 2014). ■■ S. Gray and A. Dao, ‘Imprisoned for ■■ M. Castan and M. de Zwart, ‘Law shirts, sex and a Mont Blanc pen: ■■ R Joyce, ‘A Certain Sovereignty’, Keynote graduates in the age of disruptive the corruption case of Singapore Address at the Melbourne Doctoral technologies’, ALTA, Bond University, Qld, legal academic Tey Tsun Hang’, 15 (1) Forum on Legal Theory, Melbourne Law 11 July 2014 Australian Journal of Asian Law 202-3, , School, 1-2 December 2014. 2014 ■■ M. Castan and K. Galloway, ‘A feminist ■■ R Joyce, ‘Self-Determination and reimagining of legal professional culture’, ■■ S. Joseph, ‘The Fiasco of FIFA’, Collectives’ Annual Conference of the ALTA, Bond University, Qld, 12 July 2014 Alternative Law Journal, Volume 39, no. 3, Australasian Society of Continental November 2014 ■■ M. Castan, The Case for a transformative Philosophy, held at the Australian Catholic feminist curriculum in University, Melbourne, 4-6 December ■■ S. Joseph, ‘Arts boycotts: the Friday 3 October 2014, AWE Conference, 2014. Controversy over the Nineteenth Biennale Brisbane, Qld of Sydney’, Manifesta 18, November 2014 ■■ R Joyce, ‘Future and Critique’, Working ■■ A. Dastyari, ‘US Migrant Interdiction with Law: Critical Futures Workshop, ■■ Richard Joyce, ‘Law’s Outside: A reading Program and the Legacy of Sale in the Institute for International Law and the of “Non-Legality in International Law”’, United States’ Paper presented at The Humanities, Melbourne Law School, 9-10 (2014) 27 Leiden Journal of International Globalization of High Seas Interdiction: December 2014. Law 947. Sale’s Legacy and Beyond, Yale Law ■■ J. Kyriakakis, ‘Business and Conflict: is School, United States, 8 March 2014 there a Role for International Criminal Law’, hosted by the Australian Red Cross, NSW Law Week 2014, Marque Lawyers, Sydney, 15 May 2014

11 ■■ A. McBeth, ‘All Care, No Responsibility: ■■ T. Penovic, Outsourcing protection: Grants awarded The Current State of Extraterritorial Australia’s bilateral arrangements for ■■ J. Debeljak and R. Joyce, Australian Human Rights Obligations’, Australian asylum seeker transfer in the Asia Pacific, Research Council Linkage Infrastructure and New Zealand Society of International presented at a public forum sponsored Equipment and Facilities Grant, entitled Law Conference, Australian National by the Croatian Centre for Peace Studies The International Law Library on World II: University, Canberra, July 2014 and the Ivo Pilar Institute of Social New content and facilities for the leading Sciences, entitled ‘The politics of asylum ■■ B. Naylor, Official Response Mechanisms: repository and citatory for international law in Australia and the European Union’ a Critique of the Public Inquiry Model in law, 2014-2015. The Grant is awarded held at Bogdan Ogrizović Library, Zagreb, Ireland, the UK and Australia’ Anne-Marie with lead Chief Investigators Profs Croatia. McAlinden (Queen’s University Belfast) Andrew Mowbray and Graeme Greenleaf, and Bronwyn Naylor (Monash University ■■ T. Penovic, Offshore and Outsourced: and 17 fellow Chief Investigators. The Australia) Workshop on Sexual abuse in shifting responsibility for the management administering organisation is University the church and other institutional settings, of asylum seekers, presented at ‘Access of Technology, Sydney, and the nine International Institute for the Sociology of to Asylum: Current Challenges and Future Partner Organisations are UoM, UNSW, Law Onati Spain, 10 April 2014 Directions’, Monash University Prato Uos, UWA, Bond, UWS, UoQ, ANU and Centre, 29 May 2014. Monash. The Grant is worth just over ■■ B. Naylor, ‘Parental physical punishment $650,000, with $284,000 contribution of children: necessary discipline or ■■ T. Penovic, Reflections on teaching, from the ARC. human rights violation?’, Monash Prato drawing on Pushkin presented at the Public Lecture, 6 May 2014 2014 Civil Justice Research and Teaching Conference, University of Tasmania ■■ B. Naylor, Catherine Flynn and Paula Faculty of Law, 18 February 2014 Fernandez Arias, ‘Children as victims of justice: children of offenders at their ■■ R. Sifris, In Conversation with Kim parents’ arrest, bail and sentencing’, Rubenstein, Professor and Director of the Australian and New Zealand Society Centre for International and Public Law of Criminology Conference, Sydney, at the Australian National University’s October 2014 College of Law, Canberra, August 2014, (Gender and the International Prohibition ■■ B. Naylor, ‘Family Violence and Defences of Torture) to Homicide’, International Criminal Law Congress, 8-12 October 2014 ■■ R. Sifris, Castan Centre for Human Rights Law’s annual conference (Melbourne, ■■ M. O’Sullivan, ‘UNHCR as Amicus Curiae July 2014) (Reproductive Rights: Recent before the European Court of Justice’, Developments) Access to Asylum: Current Challenges and Future Directions, Monash Prato ■■ R. Sifris, , Faculty Centre, May 2014 of Law (Melbourne, May 2014) (Reproductive Freedom, Torture and ■■ M. O’Sullivan, Amnesty International CBD International Human Rights) Chapter, Presentation: Australia refugee law and policy, May 2014 ■■ R. Sifris, Monash University, Health Technoscience and the Human Body: ■■ M. O’Sullivan, ‘The Ethics of Burden- Socio-Legal Perspectives (Melbourne, Sharing through Resettlement: Australia February 2014) (Women’s Reproductive in the Asia-Pacific Region’ Workshop Rights) on Comparative regional protection frameworks for refugees: Norms and norm entrepreneurs, Refugee Law Initiative, University of London, November 2013 (*invited speaker)

■■ T. Penovic, ‘Queue jumpers’ and the deviant ‘other’, paper delivered on 15 November 2014 at ‘Australia and its others: Fear and politics in a multicultural nation’, RMIT University, 15 November 2014

12 Ongoing grants Research consultancies

■■ M. Castan with Moira Peterson, ■■ S. Joseph, Oxford University Press, Management of Documentary Evidence Oxford Reports in International Law, of Sexual Abuse Project – Royal headnotes and commentary for all Commission into Institutional Responses decisions of UN Human Rights treaty to Child Sexual Abuse November 2014 – monitoring bodies, $100,000+, ongoing. June 2015 Other ■■ P. Emerton, Australian Research Council ■■ P. Gerber, Victorian Civil and Discovery Grant, ‘Construing Statutes: Administrative Tribunal Award ‘In The Interaction between a Statute’s recognition of outstanding contribution Linguistic Content and Principles of as an author and to the community of Statutory Interpretation’, $258,000 over Victoria’ (2014) 2014–16 (with Professor J. Goldsworthy, Professor T. Campbell, Dr D. Smith, ■■ S. Joseph, SACS Leadership Award, Professor M. Greenberg). 2014.

■■ P. Gerber and M. Castan, ARC Linkage on Indigenous Birth registration. 2012- 2014

■■ B. Naylor, Monash-Warwick Alliance Seed Fund: ‘Access to Justice: A comparative Analysis of cuts to the civil and criminal Legal-Aid systems in England, Wales and Victoria’ (with Dr Asher Flynn, Prof Arie Freiberg and Prof Jude McCulloc (Monash) and Prof. Jacqueline Hodgson (Warwick) A$13,398.00 (Monash) and £7,165.00 (Warwick). Legal Services Board (Victoria) (with Dr Kirkwood, Dr Danielle Tyson and Many McKenzie) ‘Improving Legal Responses to Domestic Homicides: A study of Homicides in Victoria 2005-2014’ ($140,000

■■ B.Naylor, Criminology Research Grants: ‘Community-Based, Victim-Centred Restorative Justice for Sexual Violence – A Pilot’ (with Ass/Prof Bebe Loff, Prof Rory Wolfe and Ms Carolyn Worth) ($50,000)

13 Teaching and supervision

Monash University operates the longest-running Masters course in Australia devoted to human rights law, in addition to its rich offerings in the area at the undergraduate level. Since the establishment of the Castan Centre in 2000, student interest in human rights has markedly increased. At the same time, the number of human rights academics employed in the Monash Law Faculty has continued to grow, allowing the Faculty to increase the range of units on offer.

In 2014 the following units were offered. Doctoral Theses PhD

Postgraduate units In addition to formal teaching, Centre ■■ Olivia Ball, All the way to the UN: Is ■■ Overview of International Human Rights, academics supervise postgraduate petitioning a UN human rights treaty-body (offered three times a year) H. Askola, students undertaking their degree by worthwhile? (P. Gerber) (completed) research. Students may undertake a LLM ■■ Bronwyn Bartal, Rights of the pregnant ■■ Human rights advocacy: Australian law by research instead of coursework. At woman and the role of the ‘born alive’ and practice, K. Eastman the doctoral level, candidates have two rule in the maintenance of those rights (B. options: the SJD, for which students must ■■ International refugee law and human Naylor) rights, S. Kneebone complete four postgraduate subjects and write a 50,000 word thesis, and the ■■ Jeremy Bracka, Between Myopia and ■■ Protecting the rights of minorities, PhD, for which students must complete a Utopia: The Applicability of Transitional marginalised and vulnerable people, P. 100,000 word thesis. Justice to Israel/Palestine (S Joseph with Gerber Research students generally develop J Kyriakakis) ■■ Human rights in the global economy, A. outstanding levels of knowledge in ■■ Narumon Changboonmee, The role of McBeth their chosen field and often progress to human rights to protect children on the academia, or work in fields related to their ■■ Victims, law and mass atrocity, M. Drumbl move to Thailand (S. Kneebone) study. For these reasons, we consider ■■ Children’s rights in international law, K. nurturing research students to be a vital ■■ Bruce Chen, Interpretive Provisions under Eastman contribution to human rights scholarship Statutory Bills of Rights in Australia, the and practice. Candidates for the various Principle of Legality and the Presumption ■■ Indigenous rights and international law, research degrees in 2014 were: of Consistency: Comparisons, Contrasts M. Castan and Interrelationships (J. Debeljak and J. Goldsworthy) ■■ International Criminal Justice, G. Boas ■■ Judith Courtin, Mediation and Child ■■ International humanitarian law, D. Mori Sexual Assault Perpetrated by Catholic ■■ International covenant on civil and political Clergy: A Procedurally Just Process or a rights, S. Joseph. Panacea? (B. Naylor)

Undergraduate ■■ Azadeh Dastyari, Out of sight, out of right?: the United States’ Migrant ■■ Advance Professional Practice (Human Interdiction Program in international Rights),R. Hyams(Semester 1) and A. waters and Guantanamo Bay, Cuba Evans (Semester 2) (A. McBeth with P. Emerton and S. ■■ Comparative Perspectives on Crime and Kneebone) (completed) Punishment, B.Naylor ■■ A. Fletcher, Human Rights Scrutiny in the ■■ International Human Rights Law, A. Australian Parliament, (S. Joseph with J. McBeth Debeljak))

■■ International law, R. Joyce ■■ Sina Etezazian, Ambiguities regarding the prerequisites for the exercise of self- ■■ International criminal law, J. Kyriakakis defence (G. Boas)

■■ Law, Gender and Feminism, J. ■■ Piers Gooding, Supported decision- Richardson making and mental health law, (B. ■■ Law and Social Theory, P. Emerton. McSherry and R. Sifris)

14 SJD

■■ Rod Hagen, Unregistered and Invisible: ■■ Amber Tan, A Critical Evaluation of ■■ Caroline Aebersold, Investment Law and An Examination of Indigenous Birth Reforms to National Security Laws & Human Rights Law (S. Joseph) Certification and Registration in Australia Significance to Constitutionalism, (HP Lee ■■ Lyn Coulson Barr, Conciliation and (M. Castan with L. Russell) and S. Gray) disability: Assessing capacity and ■■ Brendan Loizou, Aboriginal People & ■■ Maria Tanyag, ‘Sexual and reproductive adapting processes to promote Access to Justice: Are their rights being violence in the Phillippines: A feminist participation of people with cognitive protected? (M. Castan with L. Russell) political economy analysis’ (Jacquie True impairments in statutory conciliation (B. and Ronli Sifris) Naylor) ■■ Anita MacKay, Prerequisites for achieving international human rights compliance ■■ Noel Villaroman, The intersection of the ■■ Mark Gumbleton, Towards the Abolition in Australian prisons’ (B. Naylor with J. human right to religious freedom and of the Doctrine of Extended Common Debeljak) planning laws Building God’s Temple: Purpose (S. Gray) Planning Regulations, Places of Worship ■■ Sarah McHutchinson, Improving patient ■■ Elizabeth King, From Milosevic to and Religious Freedom in Australia ( P. participation in decision making pursuant Guantanamo Bay, an examination of Gerber) (completed) to mental health legislation in Victoria, the construction of the due process Australia, (B. McSherry and R. Sifris) ■■ Jamie Walvisch, Sentencing Offenders norm in the enforcement of International With Mental Illnesses: A Principled Humanitarian Law (G. Boas) ■■ Reyvi Marinas, Hannah Arendt’s Approach (P. Emerton with B. McSherry). contribution to thinking about non-citizens ■■ Linda Kirk, A rule of law model for in law and politics (S. Kneebone and M. ■■ Hiruy Wubie, Counter Terrorism and protection status determination by the Janover) Human Rights Protection in Ethopia (S Refugee Review Tribunal, (S. Kneebone Joseph with J Kyriakakis). and M. Groves) ■■ Shireen Morris, Indigenous recognition, reconciliation and the case for moving ■■ Lisa Lee, Women, war and gender-based beyond `race?: to what extent should violence: Protections in international Australia embed the principle of equality humanitarian law and prosecutions in before the law in the Constitution, law international criminal justice (G. Boas) and public policy?, (M. Castan and P. ■■ Mark Morley, International law, Islamic Emerton) jurisprudence and the Constitution of ■■ Ferry Murdiansiay, Silent political Pakistan (S. Joseph) intrusions to the Rome Statute of ICC: ■■ Athena Nguyen, United States Major threat that may impede Indonesia?, Peacekeepers and Sexual Exploitation (S. (G. Boas) Kneebone and S. Joseph) (completed) ■■ Jayani Nadarajalingham, Theorising ■■ Samantha Renwick, Sentencing collective resistance (P. Emerton with D. defensive homicide, (B. Naylor with J. Smith and T. Handfield) Clough) ■■ Katie O’Bryan, A comparative legal ■■ Robin Smith, Finding the State’s Soul: analysis of the rights of Indigenous Determining a State’s Genocidal Intent communities in Australia and other (G. Boas) common law countries such as Canada, New Zealand and the USA to manage ■■ Aderajew Teshome, Ethiopia’s Response water, including an analysis of the to Human Trafficking: Towards Effective international legal framework in which Criminalisation and Protection (S. they exist (M. Castan) (completed) Kneebone).

■■ Len O’Neill, Anarchism and the Liberal Criminal Justice System, (P. Emerton)

■■ Frances Simmons, Questions of fact and degree: a study of slavery and people trafficking prosecutions in Australia, (S. Gray and S. Kneebone)

■■ Natalie Stroud, The Koori Court of Victoria: An answer to cultural and language disadvantage for indigenous offenders in the criminal justice system? (M. Castan with K. Burridge)

15 Our people

The Castan Centre is part of the Law Faculty at Monash University. The Centre is governed by the director and deputy directors, who are all senior faculty members with teaching and research expertise in human rights. Centre Associates are Faculty members who are recognised for their role in assisting the Centre. Day to day operations are carried out by the director and the administrative staff.

Director Administrative Staff Professor Sarah Joseph Director Marius Smith – Manager MEMBERS Deputy Directors Sarah Austin – Project Officer Ms Melissa Castan Janice Hugo – Administrator (maternity leave) 4430 Dr Julie Debeljak Simone Heane – Administrator from May AS AT Dr Paula Gerber 2014 31 DECEMBER 2014 Dr Bronwyn Naylor Patron Dr Adam McBeth The Hon Michael Kirby AC CMG Dr Tania Penovic Academic Advisory Board Associates (faculty staff) Professor Philip Alston, New York University Dr Heli Askola School of Law Dr Gideon Boas Patrick Dodson, Lingiari Foundation Inc Dr Azadeh Dastyari Elizabeth Evatt, former member, UN Human Dr Patrick Emerton Rights Committee; Chair of Board for Dr Stephen Gray Public Interest Advocacy Centre, Sydney Dr Richard Joyce (New appointee from Professor Claudio Grossman, Chair, UN August) Committee against Torture (also Dean, Dr Joanna Kyriakakis Washington College of Law, American University) Dr Maria O’Sullivan The Hon Judge Felicity Hampel, County Dr Ronli Sifris Court of Victoria Associates (external) Professor Christof Heyns, UN Special Dr David Yarrow Rapporteur on extrajudicial, summary or arbitrary executions, University of Pretoria, Chris Sidoti South Africa Professor Ivan Shearer, former member, UN Human Rights Committee; Emeritus Professor, University of Sydney Judge Christie Weeramantry, retired, International Court of Justice, founder, Weeramantry International Centre for Peace, Education and Research, Sri Lanka

16 Funding Our supporters

The Centre received its funding from the Benefactors Supporting Members following sources in 2014: ($25,000 or more per year) ($100 or more per year) ■■ Donations and Sponsorship: 38% The Helen and Bori Liberman Family Sarah Austin ■■ Events: 18% Michael Black Guardians ■■ Monash University: 27% Sheila Byard ($10,000 or more per year) ■■ Research and Consultancy: 17% Deborah Candy The Bennelong Foundation Mark Dreyfus Daniel and Danielle Besen Bruce Dyer The Alan and Elizabeth Finkel Foundation David Garrioch Holding Redlich Marcus Godinho Nordia Foundation Justice Elizabeth Hollingsworth Victoria Law Foundation Sue Kee Champions ($5000 or more per year) Marika McAdam David Bardas Laurence McAdam Corrs Chambers Westgarth Lawyers Simon McGregor Debbie Dadon Daniel Khoury Maurice Blackburn Lawyers The Hon. Chris Maxwell Anthony O’Donoghue Believers Annette Olle ($2500 or more per year) Christy Pearson Peter Hanks Prof Margot Prior

Enthusiasts Peter Rashleigh ($1000 or more per year) Daniel Saxs Margaret Rappolt Luke Smith Erika Stahr Friends Jennifer Strauss ($500 or more per year) Paul Wand John Basten Catherine Branson Steven Castan Peter Gray Roslyn Guy Felicity Hampel Melinda Jackson Martin Charitable Trust Leonie Koadlow

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