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Wendy Lacey - One of the best experts on this subject based on the ideXlab platform.

  • judicial discretion and human rights expanding the role of international law in the Domestic Sphere
    Melbourne Journal of International Law, 2004
    Co-Authors: Wendy Lacey
    Abstract:

    [Australian case law points to the emergence of a new development in the use of international human rights law by judges in the exercise of their discretionary powers. While resort to international law as an aid to the development of the common law, the interpretation of statutes, and the exercise of administrative discretion has been widely considered, the relevance of international standards to judicial discretion has not. In reflecting upon this development in Australian jurisprudence, the decisions of three judges stand out. Justices Kirby (Justice of the High Court of Australia and former President of the New South Wales Court of Appeal), Perry (Justice of the Supreme Court of South Australia), and Miles (former Chief Justice of the Supreme Courts oft he Australian Capital Territory and Justice of the New South Wales Supreme Court) have been prominent in this context. However, the potential significance of this development, including its relationship to the principle espoused in Teoh, and to Chapter III of the Australian Constitution, has yet to be fully examined. This article identifies and explores the implications of this development that are likely to bear upon its wider acceptance in Australian Domestic law.] CONTENTS I Introduction A Defining Judicial Discretion B Statutory Discretion and International Human Rights Law C Judicial Discretion and International Human Rights Law II International Human Rights Law and the Exercise of Judicial Discretion: Recent Australian Case Law A Chief Justice Miles B Justice Perry C Justice Kirby III Conclusions from the Case Law I INTRODUCTION The relevance of international law (and international human rights law in particular) to the exercise of judicial discretion in Australia has received comparatively little attention in analyses of the nexus between international and Domestic law. (1) This may be attributed to the fact that judicial discretion is provided either under common law or statute, and thus, may be considered as already subject to the accepted means by which Australian courts may use international law to interpret statutes and to develop the common law. (2) However, it is more likely that the lack of substantive commentary is a reflection of the relative absence--at least until recently--of both case law and statutory provisions specifically directed at the issue of judicial discretion and international law. In recent years, an emerging jurisprudence has become evident in Australia. The courts have begun to consider the role that international legal standards may play when an individual judge exercises judicial discretion. (3) This trend in the case law reflects the growing significance of this method of utilising international human rights law in litigation, the potential of which is likely to be increasingly realised in the coming years. (4) The impetus for this development cannot be linked to one factor alone, but must be viewed as a consequence of many factors and in the context of broader legal and political developments. These factors include: the express statutory acknowledgement of the relevance of international human rights instruments to the exercise of judicial discretion; (5) the judicial consideration of discretion granted under both common law and statute within the framework of accepted methods for utilising international law in Australia; (6) the relevance of the Teoh doctrine to judicial decision-making; (7) and the legitimacy of international human rights standards as a reflection of the values adopted and espoused by individual judges in carrying out their judicial functions. (8) In each of these contexts, the significance of international standards to the exercise of judicial discretion is either directly raised (as in the case of statutory provisions such as s 138 of the Evidence Act 1995 (Cth)) or indirectly raised (as in relation to the possible extension of the Teoh principle that made international law relevant to administrative discretion). …

  • judicial discretion and human rights expanding the role of international law in the Domestic Sphere
    Social Science Research Network, 2004
    Co-Authors: Wendy Lacey
    Abstract:

    Australian case law points to the emergence of a new development in the use of international human rights law by judges in the exercise of their discretionary powers. While resort to international law as an aid to the development of the common law, the interpretation of statutes, and the exercise of administrative discretion has been widely considered, the relevance of international standards to judicial discretion has not. In reflecting upon this development in Australian jurisprudence, the decisions of three judges stand out. Justices Kirby (Justice of the High Court of Australia and former President of the New South Wales Court of Appeal), Perry (Justice of the Supreme Court of South Australia), and Miles (former Chief Justice of the Supreme Courts of the Australian Capital Territory and Justice of the New South Wales Supreme Court) have been prominent in this context. However, the potential significance of this development, including its relationship to the principle espoused in Teoh, and to Chapter III of the Australian Constitution, has yet to be fully examined. This article identifies and explores the implications of this development that are likely to bear upon its wider acceptance in Australian Domestic law.

Nancy J Knauer - One of the best experts on this subject based on the ideXlab platform.

  • same sex Domestic violence and the law claiming a Domestic Sphere and risking negative stereotypes
    Social Science Research Network, 2010
    Co-Authors: Nancy J Knauer
    Abstract:

    Same-sex Domestic violence is a difficult topic. The LGBT communities have been reluctant to discuss same-sex Domestic violence for fear of validating negative stereotypes and detracting from the push for legal recognition of such relationships. The relative silence on this issue continues despite the fact that individuals in same-sex relationships are more likely to be abused by their partners than beaten in an act of anti-gay violence. and despite legislative efforts to restrict Domestic violence laws to cover only opposite-sex couples. The political downside of discussing same-sex Domestic violence is obvious. Anti-gay organizations invoke same-sex Domestic violence to bolster their assertions that homosexuality is a dangerous lifestyle and that same-sex relationships are unhealthy, unstable, and violent. Thus, the acknowledgement of such violence can destabilize the emerging positive image of same-sex relationships promoted in connection with the on-going legal struggle for equal marriage rights. Same-sex Domestic violence also challenges our highly gendered (and heteronormative) understanding of Domestic violence because it cannot be explained by reference to gender difference, the historical subjugation of women, or the private nature of family violence. To claim Domestic violence protections, lesbian and gay advocates must first argue for something that feminists have identified as a situs of oppression - a private Sphere of family life. Part I outlines the statistics on same-sex Domestic violence and discusses how such violence threatens the emerging positive model of same-sex relationships, as well as the prevailing gendered (and heteronormative) paradigm of Domestic violence. Part II summarizes the application of Domestic violence protections to same-sex relationships and the efforts of state legislators to restrict such protections to opposite-sex couples. Part III concludes that even where Domestic violence protections include same-sex couples, there remain serious obstacles, such as internalized homophobia and perceived homophobia on the part of the police, the judiciary, social service workers, and even Domestic violence advocates.

Claudia Olivetti - One of the best experts on this subject based on the ideXlab platform.

  • gender roles and technological progress
    Social Science Research Network, 2007
    Co-Authors: Stefania Albanesi, Claudia Olivetti
    Abstract:

    Women’s physiological ability to bear and nurture children has contributed to de…ning a gender division of labor based on these biological distinctions, with women’s work allocated to the Domestic Sphere and men’s work to the market. The twentieth century was marked by a profound change in women’s economic and social role. We examine the contribution of advancements in medical technologies related to motherhood to this process and argue that it played a critical role. Women’s ’reproductive duties’occupied a signi…cant portion of a their married life up until the early decades of the 20th century. In 1920 women spent approximately 40% of their prime-age years either pregnant or nursing. High infant mortality added to the amount of time women had to devote to ful…ll their maternal role, since the frequency of pregnancies was much greater than the frequency of live births for the average woman. Even as women increasingly gave birth in hospitals, poor obstetric practices implied that delivery was a very risky procedure, leading to ! o ;

Stefania Albanesi - One of the best experts on this subject based on the ideXlab platform.

  • gender roles and technological progress
    Social Science Research Network, 2007
    Co-Authors: Stefania Albanesi, Claudia Olivetti
    Abstract:

    Women’s physiological ability to bear and nurture children has contributed to de…ning a gender division of labor based on these biological distinctions, with women’s work allocated to the Domestic Sphere and men’s work to the market. The twentieth century was marked by a profound change in women’s economic and social role. We examine the contribution of advancements in medical technologies related to motherhood to this process and argue that it played a critical role. Women’s ’reproductive duties’occupied a signi…cant portion of a their married life up until the early decades of the 20th century. In 1920 women spent approximately 40% of their prime-age years either pregnant or nursing. High infant mortality added to the amount of time women had to devote to ful…ll their maternal role, since the frequency of pregnancies was much greater than the frequency of live births for the average woman. Even as women increasingly gave birth in hospitals, poor obstetric practices implied that delivery was a very risky procedure, leading to ! o ;

Junior, Fridho Tatar - One of the best experts on this subject based on the ideXlab platform.

  • Konstruksi Ketidakadilan Gender Beban Ganda dalam Iklan (Analisis Framing Pada Iklan Kecap ABC Suami Sejati Mau Masak, Terima Kasih Kecap ABC)
    2020
    Co-Authors: Junior, Fridho Tatar
    Abstract:

    This study examines an ABC commercial for a real couple who wants to cook, thank you ABC soy sauce which is shown on television television media. The ABC ketchup advertisement is the initial series of the gender equality campaign carried out by Heinz ABC, as a producer. The reality in advertising is that there is a gender construction between men and women. The construction of gender refers to the socio-cultural reality of a society. Where there is an unequal gender division of labor between the two sexes. This study aims to see how the construction of double burden gender injustice in ABC soy sauce advertisements. This research method is qualitative, with a constructivist paradigm. This type of research is interpretive based on Gamson and Modigliani's framing analysis. The focus of this research is on ABC soy sauce advertisements for real couples who want to cook thanks to ABC soy sauce. Data techniques in research using documentation. The results showed the reality in ABC soy sauce advertisements that real husbands want to cook thanks to ABC soy sauce, a modern urban worker society. Both men and women in this advertisement work in a productive public Sphere. In this advertisement, there is an unequal division of work between men and women. So that it causes the women in this advertisement to bear a double burden. Gender inequality in compiled advertisements, gender-based division of roles or jobs, and advertisements as part of capitalism that continues to socialize double burdens on women. This can be seen in the framing device. Depictions, Examples, Methapors, Catchphrases supported by visual images. The conclusion of this research is that the culture in advertising is a patriarchal culture. Which gender of men in advertising is prioritized by only playing one role in the productive public Sphere. Meanwhile, the gender of women in advertisements has multiple roles, including work in the productive public Sphere and the reproductive Domestic Sphere. In Domestic work, women do it alone without the help of men. When the woman cook is helped by using ABC soy sauce cooking products. As part of capitalism ABC ketchup ads place jobs in the Domestic Sphere as inherent and static jobs for women. So that women women experience injustice in carrying out dual roles in the public and Domestic Sphere. The double workload undertaken by the wife (Bunda) is glorify as a force as the Super Mom