scholarly journals The Public Safety (Public Protection Orders) Bill 2012: Is post-sentence detention of sex offenders consistent with human rights?

2021 ◽  
Author(s):  
◽  
Jasmin Moran
Keyword(s):  
Human Rights ◽  
Sex Offenders ◽  
Public Safety ◽  
Attorney General ◽  
Case Law ◽  
The United States ◽  
Bill Of Rights ◽  
The Public ◽  
Protection Orders ◽  
Rights Issues

<p>The Public Safety (Public Protection Orders) Bill 2012 was introduced by the National-led Government to address a perceived public safety problem relating to recidivist sex offenders. The Bill enables the detention of sex offenders beyond the expiration of their finite sentences, if they are seen as highly likely to reoffend. As such, the Bill raises a number of serious human rights issues. In response, the Attorney-General issued a statement contending the Bill was consistent with the New Zealand Bill of Rights Act 1990. This article analyses the correctness of that statement, with a particular focus on whether the Bill is a form of civil committal and is, in substance, different to imprisonment. Drawing on case law from the United States and Australia, where similar post-sentence detention schemes operate, this paper suggests the Bill actively engages with human rights concerns. The conclusion reached is that the Bill appropriately balances the public safety interest and the basic human rights of sex offenders.</p>

scholarly journals The Public Safety (Public Protection Orders) Bill 2012: Is post-sentence detention of sex offenders consistent with human rights?

2021 ◽  
Author(s):  
◽  
Jasmin Moran
Keyword(s):  
Human Rights ◽  
Sex Offenders ◽  
Public Safety ◽  
Attorney General ◽  
Case Law ◽  
The United States ◽  
Bill Of Rights ◽  
The Public ◽  
Protection Orders ◽  
Rights Issues

<p>The Public Safety (Public Protection Orders) Bill 2012 was introduced by the National-led Government to address a perceived public safety problem relating to recidivist sex offenders. The Bill enables the detention of sex offenders beyond the expiration of their finite sentences, if they are seen as highly likely to reoffend. As such, the Bill raises a number of serious human rights issues. In response, the Attorney-General issued a statement contending the Bill was consistent with the New Zealand Bill of Rights Act 1990. This article analyses the correctness of that statement, with a particular focus on whether the Bill is a form of civil committal and is, in substance, different to imprisonment. Drawing on case law from the United States and Australia, where similar post-sentence detention schemes operate, this paper suggests the Bill actively engages with human rights concerns. The conclusion reached is that the Bill appropriately balances the public safety interest and the basic human rights of sex offenders.</p>

scholarly journals The Public Safety (Public Protection Orders) Bill 2012: Is Post-Sentence Detention of Sex Offenders Consistent with Human Rights?

2014 ◽  
Vol 45 (1) ◽  
pp. 133
Author(s):  
Jasmin Moran
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Sex Offenders ◽  
Public Safety ◽  
Attorney General ◽  
Bill Of Rights ◽  
The Public ◽  
Protection Orders

This article examines the human rights consistency of the Public Safety (Public Protection Orders) Bill 2012. The Bill proposes a new scheme to detain recidivist sex offenders beyond the expiration of their finite sentences, if they are seen as highly likely to reoffend. Despite obvious human rights concerns, the Attorney-General issued a statement contending the Bill was consistent with the New Zealand Bill of Rights Act 1990. The article analyses the correctness of that statement, with a particular focus on whether the Bill establishes a form of civil committal and is, in substance, different to prison detention. 

Human Rights Films

Anthropology ◽  
2019 ◽  
Author(s):  
Nancy Lipkin Stein
Keyword(s):  
Human Rights ◽  
The United States ◽  
Academic Disciplines ◽  
The Internet ◽  
Film Festivals ◽  
The Public ◽  
Moving Images ◽  
Feature Films ◽  
Fertile Ground ◽  
Rights Issues

What defines a human rights film, and how does one go about setting the criteria? Here, the selected websites, festival listings, and films comprise short lists that represent very broad categories. The examples included speak to the ways our dignity, respect for ourselves and one another, and accessibility to resources to look after ourselves and our communities connect through the basic rights of health care, housing, education, and clean natural resources—rights as defined by many of the legal doctrines in circulation. The films listed contribute to building an awareness of how people’s rights come under attack. Such work can also provide a way to respond. While the Universal Declaration of Human Rights (UDHR) was established in 1948 to address some form of normalization by law to safeguard individuals and communities, these protections were not recognized or accepted universally. We now have a wide array of instruments that are both international and national, as well as both local and global, to address individuals’ as well as specific communities’ rights. Films use moving images to select and construct very specific representations. Such devices become a powerful tool to communicate and educate the public. Today’s reality provides fertile ground for communities to share films focusing on human rights issues. With the global reach of the Internet, individuals as well as groups can find outlets as well as shared access through websites, film festivals, human rights groups, and individuals. This bibliography provides a small sampling of the available films, and of course new films are released all the time, so it cannot be completely up to date. In addition, this is one person’s selection; certainly another writer would have their own. For that reason, colleagues from India, France, Germany, Korea, the United States, and other countries have made useful suggestions to help represent a broad spectrum of academic disciplines and interests. The reader will also find several feature films mixed in within these categories. Several publications cover these more extensively (see Mark Gibney’s 2016 book, Watching human rights: The 101 best films, cited under Publications on Human Rights Films). This compilation also makes a point to include entries made by individuals who are experiencing some violation of their rights.

scholarly journals The War on Sex Offenders: Community Notification in Perspective

2001 ◽  
Vol 34 (3) ◽  
pp. 256-276 ◽  
Author(s):  
Lyn Hinds ◽  
Kathleen Daly
Keyword(s):  
United States ◽  
Sex Offenders ◽  
Sex Offender ◽  
The United States ◽  
Community Notification ◽  
Megan's Law ◽  
The Public ◽  
Public Campaign ◽  
Recent Developments ◽  
Naming And Shaming

This article explores the contemporary phenomenon of “naming and shaming” sex offenders. Community notification laws, popularly known as Megan's Law, which authorise the public disclosure of the identity of convicted sex offenders to the community in which they live, were enacted throughout the United States in the 1990s. A public campaign to introduce “Sarah's Law” has recently been launched in Britain, following the death of eight-year old Sarah Payne. Why are sex offenders, and certain categories of sex offenders, singled out as targets of community notification laws? What explains historical variability in the form that sex offender laws take? We address these questions by reviewing the sexual psychopath laws enacted in the United States in the 1930s and 40s and the sexual predator and community notification laws of the 1990s, comparing recent developments in the United States with those in Britain, Canada, and Australia. We consider arguments by Garland, O'Malley, Pratt, and others on how community notification, and the control of sex offenders more generally, can be explained; and we speculate on the likelihood that Australia will adopt community notification laws.

The Creation of the G.I. Bill of Rights of 1944: Melding Social and Participatory Citizenship Ideals

2005 ◽  
Vol 17 (4) ◽  
pp. 345-374 ◽  
Author(s):  
Suzanne Mettler
Keyword(s):  
World War Ii ◽  
College Education ◽  
The United States ◽  
Graduate Degree ◽  
Bill Of Rights ◽  
Unemployment Benefits ◽  
World War ◽  
The Public ◽  
Participatory Citizenship ◽  
Public Consciousness

The G.I. Bill of Rights, formally known as the Serviceman's Readjustment Act of 1944, remains in the public consciousness as one of the most significant social policies ever enacted in the United States. Established for returning veterans of World War II, its terms of coverage were strikingly broad and generous. Fifty-one percent of veterans used the educational provisions: 2.2 million pursued a college education or graduate degree, and 5.6 million attained vocational or on-the-job training. The law also offered extensive unemployment benefits, which were used to the full by 14 percent of veterans. It also offered low-interest loans for the purchase of homes, farms, and businesses, which were used by 29 percent of veterans.

The Right to Silence

2013 ◽  
Vol 16 (4) ◽  
pp. 527-567
Author(s):  
Anthony Gray
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Home Country ◽  
Early Stage ◽  
Case Law ◽  
Bill Of Rights ◽  
The United Kingdom ◽  
Right To Silence ◽  
The Right ◽  
Current Proposal

In recent years, we have seen continued erosion of an individual’s right to silence. The most recent attempts in the author’s home country, Australia, include a current proposal to adopt the United Kingdom approach, and allow inferences to be drawn from a failure to answer questions at an early stage of investigation, in circumstances where later the person does provide an explanation. An attempt to protect the right to silence in Australia at constitutional level is challenging, because Australia is one of the few Western nations that has not seen fit to enact an express bill of rights. This article will consider whether arguments might be made that, at least in some contexts, infringement of the right to silence is, nevertheless, contrary to the requirements of the Australian Constitution. Courts in other countries around the world have also recognized the right to silence in some circumstances where legislatures have attempted to limit it, and these will be considered in the Australian context, acknowledging appropriate contextual differences. Many countries are faced with the difficulty of reconciling fundamental due process principles with the need for effective investigatory powers sufficient to deal with evolving criminal threats. It will be instructive to consider how a successful balance has been accommodated in a range of jurisdictions. It is believed that the law of the author’s home country could be greatly enriched by engaging with North American and European case law, as this article will seek to demonstrate. The article is considered to be of interest to those outside of Australia, to understand the difficulties in protecting fundamental human rights when an express bill of rights does not exist in the relevant country, and to consider how other ways may be found to protect such rights. In this way, this article will use Australia as the example of a country without an express bill of rights, and will consider how, in that context, fundamental human rights can practically be protected by the courts. The conclusions are considered relevant to a range of nations. Specific examples include Singapore and Malaysia, and to a lesser extent India, as will be explained.

Framing Multicultural Challenges in Freedom of Religion Terms

2012 ◽  
Vol 30 (4) ◽  
pp. 388-416 ◽  
Author(s):  
Katayoun Alidadi ◽  
Marie-Claire Foblets
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Freedom Of Religion ◽  
Practical Case ◽  
The Public ◽  
The Family ◽  
Case Application ◽  
Project Network ◽  
Opening Up ◽  
Minimalist Conception

Multicultural challenges in Europe are being framed in human rights language, and in particular in terms of the freedom of thought, conscience and religion. The question is whether the practical case-by-case application of the fundamental right to freedom of religion in national and European case law facilitates a ‘deep (and normative) diversity’ in Europe or rather only allows space for a limiting or ‘conditioned diversity’ instead. While opening up possibilities for minorities to live out their lives in accordance to their deeply-held convictions, it seems to us that the human rights working frame in a predominantly ‘minimalist’ conception comes with its inherent limitations as to the management of Europe's religious diversity. While human rights purport to liberate and protect, they also impose conditions, criteria and standards that are grounded in a Western vision of law, society and religion. Religious minorities stand to gain from playing by the human rights rules as long as they accept to mould, shape and limit their claims to fit dominant conceptions, which perhaps diverge from their own understandings, needs and aspirations. Drawing on case law collected through the RELIGARE project network, this article aims to illustrate some of the limitations and confines that Europe's diverse communities face in the areas of the workplace, the public place, the family, and State support to religions.

scholarly journals On a Road to Nowhere: Implied Declarations of Inconsistency and the New Zealand Bill of Rights Act

2009 ◽  
Vol 40 (3) ◽  
pp. 613 ◽  
Author(s):  
Claudia Geringer
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Case Law ◽  
Recent Case ◽  
The Political ◽  
Bill Of Rights ◽  
Legislative Reform ◽  
Routine Basis

This article explores recent case law touching on the suggestion that the New Zealand courts have an implied power to formally declare that legislation is inconsistent with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990. The article concludes from this case law that the prospects for the development of a formal declaratory jurisdiction of this kind in New Zealand are, if anything, receding. Further, although the Supreme Court's decision in R v Hansen [2007] 3 NZLR 1 affirms the power of the New Zealand courts to informally "indicate" the existence of such legislative inconsistencies, early indications suggest that it is unlikely that this power will be exercised on a routine basis. In the absence of legislative reform, any "dialogue" over human rights between the New Zealand courts and the political branches of government is likely to continue to be far more sporadic and sotto voce than in those countries that have legislated for an express declaration of inconsistency power.

scholarly journals DIREITOS HUMANOS: LIMITE NO CONTEXTO DE SEGURANÇA PÚBLICA

Revista LEVS ◽  
2015 ◽  
Author(s):  
Marco Antonio ALVES MIGUEL
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
Public Administration ◽  
Public Safety ◽  
Police Power ◽  
Peaceful Coexistence ◽  
The Public ◽  
Legal Limits ◽  
Power Limits

RESUMO: O presente trabalho tem por escopo demonstrar a relevância dos Direitos Humanos e Poder de polícia como instrumento do Poder da Administração Pública necessários para a convivência pacífica entre os cidadãos de uma comunidade na busca da liberdade, da segurança e da paz. Por meio de uma pesquisa bibliográfica, aliada à experiência do autor, inclusive nos meios acadêmicos, utilizando a metodologia dedutiva e indutiva, demonstrará que, apesar de uma linha tênue nos atos de polícia, mormente de segurança pública, os agentes encarregados da aplicação da lei devem observar limites jurídicos que, se não respeitados, podem causar responsabilização nas esferas administrativas, penal e civil, bem como censura de suas ações perante o Direito Internacional. Por outro viés, os limites são categóricos quando se trata de preservar os direitos dos cidadãos na esfera da segurança pública.Palavras Chaves: polícia, poder, limites, Direitos Humanos. ABSTRACT: This work has the scope to demonstrate the relevance of human rights and police power as Public Administration Branch of the instrument necessary for peaceful coexistence among the citizens of a community in search of freedom, security and peace. Through a literature review, alidade to the author's experience, even in academic circles, using deductive and inductive methodology, demonstrate that despite a fine line in acts of police, particularly public safety, the agents in charge of law enforcement must observe legal limits which, if not respected, can cause accountability in the administrative, criminal and civil, as well as censorship of their actions under international law. For another perspective, the limits are categorical when it comes to preserving the rights of citizens in the public safety sphere.Key Words: Police, power limits, Human Rights.

scholarly journals Arguments to Apply Constitutional Guarantees in the Private Sector

Lentera Hukum ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 175
Author(s):  
Md. Toriqul Islam
Keyword(s):  
Human Rights ◽  
International Law ◽  
The United States ◽  
Public And Private ◽  
The Public ◽  
Organic Growth ◽  
The Us ◽  
Library Resources ◽  
Us Constitution ◽  
Points Of View

Constitutional guarantees are such a body of interests or basic human rights which are inevitable for each human being. These rights are principally inherent, inalienable, and universal, and therefore, irrespective of race, sex, caste, color, or religion, everyone can enjoy them. Constitutional guarantees are distinct from all other rights and privileges because of at least two unique characteristics, such as intrinsic in nature, and inalienability. These guarantees are crucial in the state-individual relations, and recognized by major laws of the civilized nations, and often enshrined in the national constitutions. For instance, the US Constitution signifies the essence of these rights through the expression of life, liberty, and the pursuit of happiness. Nonetheless, very often, many citizens across the globe are deprived of these rights on numerous pretends and grounds, and mostly, on the public-private dichotomy. This study examined contemporary legal and philosophical discourses as to whether the constitutional guarantees of human rights apply in the private sectors in Malaysia, India, and the United States. This study used doctrinal legal research methodology with a qualitative approach based on library resources. The findings of this study showed that constitutional guarantees, primarily human rights, are presumed to have been neither created nor made but originated like organic growth. Accordingly, no authority can take them away. By examining various logics from theological to socio-historical points of view and the theory of international law, this study concluded that constitutional guarantees, particularly the equal protection of the law, should apply horizontally to cover both public and private sectors. KEYWORDS: Constitutional Guarantees, Human Rights, Public-Private Sectors.

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