Examining the Past and Shaping the Future
Examining the Past and Shaping the Future

Author: Katie Wright

Publisher: Routledge

Published: 2021-11-29

Total Pages: 131

ISBN-13: 1000488616

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The Royal Commission into Institutional Responses to Child Sexual Abuse (2013– 17) was one of the largest public inquiries in Australian history and one of the most important investigations into child abuse internationally. It facilitated a national conversation about justice for victims and survivors and how to improve child safety in the future. Through the examination of practices in key social institutions, including churches, schools, sporting clubs, hospitals and voluntary organisations, it provided new understandings of the widespread abuse that many people had experienced in the past and it made recommendations for a national redress scheme. The Royal Commission also recommended sweeping reforms in policies, practices and institutional cultures. Offering valuable insights into the Royal Commission’s history and background, its social and cultural significance, and its implications for policy development and legislative reform, this book provides a wide-ranging analysis of the work of the Royal Commission and its social, psychological, legal and discursive impact. The chapters reveal not only the complexity of the matters that the Royal Commission was dealing with and the difficulties faced by the victims of child sexual abuse, but also the challenges of researching and writing about this sensitive topic. The chapters in this book were originally published as a special issue of the Journal of Australian Studies.

Child Sexual Abuse Reported by Adult Survivors
Child Sexual Abuse Reported by Adult Survivors

Author: Sinéad Ring

Publisher: Taylor & Francis

Published: 2022-04-28

Total Pages: 251

ISBN-13: 0429886802

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Child Sexual Abuse Reported by Adult Survivors is a wide-ranging and timely critical history and analysis of legal responses to ‘historical’ or ‘non-recent’ child sexual abuse (NRCSA) in England and Wales, Ireland and Australia, each of which represents an evolving and progressive approach to this important and complex issue. The book examines the emergence of NRCSA as a distinctive social, political and legal phenomenon in each country and explores the legal responses developed to address its unprecedented challenges. Courts and parliaments in each country have reformed existing doctrine and practice and have created new ways of holding state and private actors accountable and new ways of addressing survivors’ injuries. Criminal law, tort law, public inquiries and state reparations have all been to the forefront of these new legal responses, which have transformed law’s engagement with NRCSA survivors and understandings of justice itself. However, despite this undeniable progress, the book identifies ways in which the legal responses developed in each country fail to deliver accountability and recognition to NRCSA survivors and argues that such failures betray the law’s inherent ambivalence to delivering justice for these survivors. Creating new insights into legal responses to this complex contemporary legal, social and political problem, this book will be of great interest to academic lawyers, political scientists and historians, as well as those working on related topics in criminology, sociology, social policy, cultural studies and gender studies.

Setting Relations Right in Restorative Practice
Setting Relations Right in Restorative Practice

Author: David B. Moore

Publisher: Taylor & Francis

Published: 2023-12-01

Total Pages: 341

ISBN-13: 1003800300

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Setting Relations Right in Restorative Practice is a practical guide to using restorative processes, both in justice systems, to provide a healing response to harm, and in broader community contexts, to help people co-exist peacefully. Restorative processes can help to establish, maintain, deepen, and repair relationships, and to neutralise the conflict associated with negative relationships. The result is less conflict within people, between people, and between groups, and increasing individual and community wellbeing. These complex goals can be distilled to the single principle of setting relations right. The authors distil lessons from their decades of work at the frontline of restorative innovation. They outline an accurate, accessible theory that informs a restorative mindset, and describe in detail the corresponding skill set. Succinct, engaging case studies include refinements to existing programs in justice systems. Other case studies include the innovations of restorative responses to institutional abuse and to family violence and sexual harm, initiatives to increase psychological safety in schools and workplaces, and programs that support restorative ways-of-working across whole cities or regions. By applying elements from successful programs, practitioners can realise the broader reforming potential of restorative practice. This book is essential reading for restorative practitioners, administrators, and policymakers, for students and researchers – indeed, for anyone interested in the power and potential of restorative practice and other forms of deliberative decision-making.

The Legal Nature of International Human Rights
The Legal Nature of International Human Rights

Author: Michael K. Addo

Publisher: BRILL

Published: 2010-05-17

Total Pages: 581

ISBN-13: 9047444426

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The role and influence human rights in society has been enhanced by its association with international law and yet despite this legal springboard, the scope of its legal nature remains uncertain. By analysing the work of international human rights courts and treaty bodies alongside a brief historical review, this book assesses the distinctive legal dimension of human rights. It concludes that the legalisation of human rights is an unplanned and evolving social construct that continues under the managerial oversight of international human rights courts and treaty bodies which employ the primary tool of treaty interpretation. These characteristics of the legal environment of human rights in international law provide a good appreciation of the law itself and its limits.

Monetary Redress for Abuse in State Care
Monetary Redress for Abuse in State Care

Author: Stephen Winter

Publisher: Cambridge University Press

Published: 2022-10-31

Total Pages: 329

ISBN-13: 1316514161

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A compelling, empirically driven argument for participatory, flexible, and survivor-focussed redress programmes for abuse in state care.

Private Enforcement of EU Law Before National Courts
Private Enforcement of EU Law Before National Courts

Author: Folkert Wilman

Publisher: Edward Elgar Publishing

Published: 2015-09-25

Total Pages: 657

ISBN-13: 1784718491

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Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.

Business and Human Rights
Business and Human Rights

Author: Dalia Palombo

Publisher: Bloomsbury Publishing

Published: 2020-02-06

Total Pages: 301

ISBN-13: 1509928057

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This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.

Life Goes On
Life Goes On

Author: Megan Maurice

Publisher: Hachette Australia

Published: 2024-06-26

Total Pages: 213

ISBN-13: 0733650872

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Whether it's cancer, a car accident, grief, a natural disaster or a family tragedy, we all experience trauma, and simply surviving takes everything we have. But what happens after that, when you realise that surviving survival might be harder still? With its combination of personal stories and expert information, Life Goes On shows us how to go on. 'In three words I can sum up everything I've learned about life. It goes on.' These words - attributed to American poet Robert Frost in 1954 - were hidden in the recesses of journalist and author Megan Maurice's mind after she read them as a teenager. Since she endured and survived treatment for cancer, such a life-changing and traumatic event, they became the only way for her to make sense of what came after. After facing her mortality, and all the fear that brought not just for her but for her young daughter, Maurice discovered that once the momentum of pure survival was gone, she had to deal with its aftermath - and there were no tools for that. No guidelines, no rulebooks. Survival seemed easier by comparison. What she wanted to know was: If she was meant to go on, how did she go on? The world around her had not changed, even if she had. There just didn't seem to be a place for her. So she made one. Through delving into research on trauma and recovery and discussions with a range of people with lived experiences of trauma and recovery - people who shared their darkest days and greatest worries with her - Maurice has created the very manual she needed but couldn't find, and in the process created a moving and illuminating portrait of not only the hardship of survival but the beauty too. For, when life goes on, there is so much to live for.

State Apologies to Indigenous Peoples
State Apologies to Indigenous Peoples

Author: Francesca Dominello

Publisher: Taylor & Francis

Published: 2024-08-16

Total Pages: 175

ISBN-13: 1040048501

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This book considers the ethics and politics of state apologies made to Indigenous peoples. The prevalent tendency to treat an apology as a speech act has maintained the focus on the state leader making the apology and not on the victims’ claims. This book demonstrates the inherent shortcomings of this approach through an examination of apologies delivered to Indigenous peoples in Australia and Canada. Contrasting the texts of these apologies with Indigenous peoples' responses, the book develops an understanding of apology as a relational process. This involves engaging indigenous peoples in dialogue, the aim of which would be to address past injuries by fulfilling the apology's transformative promise of 'never again' to indigenous peoples' satisfaction. The book concludes by examining more recent developments in Australia and Canada that highlight the contunuing need for government accountability to fulfil this promise and ensure indigenous people's rights and interests are upheld. This book will be of considerable interest to scholars and students in the fields of law and politics , Indigenous studies; forgiveness studies; transitional justice and reconciliation; settler colonialism and decolonisation.