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Assignment 3

Cannabis is a general term which is used for various drugs like marijuana, hash and also hashish oil that are made from the plant Cannabis sativa. In Australia, this particular type of drug is the most commonly used illegal drug. There are many negative effects of Cannabis that are harmful to the health of youth and also for the overall being. It is basically smoked or it can be mixed with food and then eaten and in some other cases it is brewed as tea but it is noteworthy here that this drug is addictive if it is used in excessive amount. It can either be smoked directly from a pipe or it can be mixed with cigarette and smoked. In Australia, it is not allowed and hence illegal to grow, process, or sell any kind of drug including both cannabis, opiate, and Methamphetamine ADDIN ZOTERO_ITEM CSL_CITATION citationIDWx0EtfRc,propertiesformattedCitation(Wolkoff, 1997),plainCitation(Wolkoff, 1997),noteIndex0,citationItemsid1642,urishttp//zotero.org/users/local/4C6u8dIT/items/MJU69W6Z,urihttp//zotero.org/users/local/4C6u8dIT/items/MJU69W6Z,itemDataid1642,typearticle-journal,titleMethamphetamine abuse an overview for health care professionals.,container-titleHawaii medical journal,volume56,issue2,authorfamilyWolkoff,givenDavid A.,issueddate-parts1997,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Wolkoff, 1997). Despite of these bans if any person uses or grow these plants then there are certain penalties and it gets serious when a person is found driving under the effect of cannabis ADDIN ZOTERO_ITEM CSL_CITATION citationIDxGgQymAq,propertiesformattedCitation(Hall and Solowij, 1998),plainCitation(Hall and Solowij, 1998),noteIndex0,citationItemsid1641,urishttp//zotero.org/users/local/4C6u8dIT/items/QB7TYVYA,urihttp//zotero.org/users/local/4C6u8dIT/items/QB7TYVYA,itemDataid1641,typearticle-journal,titleAdverse effects of cannabis,container-titleThe lancet,page1611-1616,volume352,issue9140,authorfamilyHall,givenWayne,familySolowij,givenNadia,issueddate-parts1998,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Hall and Solowij, 1998).

As far as an opiate is concerned even the legal use of opiate is responsible for more deaths and also hospitalizations as compared to illegal opiates. In Australia every day 150 hospitalizations occur along with some 14 emergency department presentation involve cases that are harmed by opium and 3 people die every day due to drug-induced opium use. Methamphetamine is a powerful and highly addictive substance which majorly affects the central nervous system. It is also commonly known as meth, ice or crystal which is a white and odorless powder that can easily dissolve in water or alcohol. It is also considered as an abusive substance which can be smoked, injected and it can also be orally ingested, smoking methamphetamine is one of the common methods of ingesting this substance. All of the three drugs are highly addictive and abusive and in the last few years, the use of these addictive substance has increased vastly specifically among the youth. Therefore in order to reduce the use, the Australian government has put forward many legislations in order to discourage the use of these abusive substances ADDIN ZOTERO_ITEM CSL_CITATION citationID9miR96SJ,propertiesformattedCitation(Darke et al., 2008),plainCitation(Darke et al., 2008),noteIndex0,citationItemsid1622,urishttp//zotero.org/users/local/4C6u8dIT/items/K75JW577,urihttp//zotero.org/users/local/4C6u8dIT/items/K75JW577,itemDataid1622,typearticle-journal,titleMajor physical and psychological harms of methamphetamine use,container-titleDrug and Alcohol Review,page253-262,volume27,issue3,sourceWiley Online Library,abstractIssues. The major physical and psychological health effects of methamphetamine use, and the factors associated with such harms. Approach. Comprehensive review. Key Findings. Physical harms reviewed included toxicity and mortality, cardiovascular/cerebrovascular pathology, dependence and blood-borne virus transmission. Psychological harms include methamphetamine psychosis, depression, suicide, anxiety and violent behaviours. Implications. While high-profile health consequences, such as psychosis, are given prominence in the public debate, the negative sequelae extend far beyond this. This is a drug class that causes serious heart disease, has serious dependence liability and high rates of suicidal behaviours. Conclusion. The current public image of methamphetamine does not portray adequately the extensive, and in many cases insidious, harms caused.,DOI10.1080/09595230801923702,ISSN1465-3362,languageen,authorfamilyDarke,givenShane,familyKaye,givenSharlene,familyMcKETIN,givenRebecca,familyDuflou,givenJohan,issueddate-parts2008,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Darke et al., 2008).

In order to reduce and limit the use or possession of any of these addictive substances, there are some strict rules in Australia. It is against the law to possess or use any of these addictive substances. In most of the Australian states and territories, it is also illegal to possess drug using equipment. If in any case any of the above-mentioned drugs are found in an individuals locker or home, then he/she will be charged with fine along with imprisonment unless they prove that the found drugs do not belong to them. Under the Australian legislation, there are two main types of drug offense one is called offense and the other one is called supply. Possession means having the possession or carrying an illegal drug or having in your home or property. If an individual also possesses a drug jointly with other people, then it also comes in possession. Supply or trafficking includes if a person is caught supplying a banned drug or substance to another person. A trafficker or drug provider is someone who exchanges drug with money or some particular services, but if an illegal or banned drug is passed to other people then this is also considered as trafficking ADDIN ZOTERO_ITEM CSL_CITATION citationIDJDY9O5x4,propertiesformattedCitation(uc0u8220Drugs and the Law,uc0u8221 n.d.),plainCitation(Drugs and the Law, n.d.),noteIndex0,citationItemsid1624,urishttp//zotero.org/users/local/4C6u8dIT/items/X7BAMWXU,urihttp//zotero.org/users/local/4C6u8dIT/items/X7BAMWXU,itemDataid1624,typewebpage,titleDrugs and the Law,container-titlePositive Choices,abstractThis factsheet examines legal issues associated with drug possession and supply.,URLhttps//positivechoices.org.au/teachers/drugs-and-the-law,languageen,accesseddate-parts2019,4,18,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Drugs and the Law, n.d.).

Depending on the age of the culprit, the type of drug along with the quantity the penalties for these drug offenses vary among all the territories or States of Australia. In case of opiate and cannabis if a person is charged with minor drug offense then the States or territories will give permission to the police to divert the offender from going to the police, for instance, possession of a very small quantity of a banned drug. In that case, a formal warning will be recorded on the database of the police. If the offender is a juvenile, then at that time a youth justice conference is arranged in which the guardian or parent of the offender is invited and the offense is discussed with them along with a healthcare professional. This meeting or conference is used to evaluate that whether the user is fit for education or counselling sessions. If the offense is major which involves with larger quantity of cannabis and opiate or if in some cases the offense is a repeated one then in that case the offender is not qualified for a diversion or caution and they may face some serious punishments that involve a fine up to the amount of 100,000, a criminal penalty can also be given to the offender which includes imprisonment up to 25 years ADDIN ZOTERO_ITEM CSL_CITATION citationIDbpDHAkKb,propertiesformattedCitation(Wilks and Callan, 1990),plainCitation(Wilks and Callan, 1990),noteIndex0,citationItemsid1633,urishttp//zotero.org/users/local/4C6u8dIT/items/JV8CKBU3,urihttp//zotero.org/users/local/4C6u8dIT/items/JV8CKBU3,itemDataid1633,typearticle-journal,titlePerceptions of legal and illegal drugs comparisons of parents, adolescents, and best friends,container-titleDrug and Alcohol Review,page311-319,volume9,issue4,sourcePubMed,abstractThe topic of drugs is a sensitive issue and an area where considerable conflict and disagreement may exist between parents and children. In this study, 50 family groups (consisting of father-mother-adolescent-adolescents friend) responded to questions about a range of legal and illegal drugs used in Australia. A multidimensional scaling analysis revealed that parents, adolescents, and adolescents best friends had similar perceptions about drugs, especially distinctions between legal and illegal substances, and drugs used more by younger people. LSD, cocaine and heroin were judged by all groups as causing personal and family problems, being strong and dangerous, not socially acceptable, bad for ones health and associated with crime. Marihuana, tobacco and alcohol were judged in opposite terms, as well as being perceived as popular, widespread and used by youth. Subjects perceptions of drugs were very similar to representative state and national community samples, but were inaccurate when compared to official figures for drug prevalence and morbidity. In particular, respondents showed little appreciation of the problems associated with widely available legal drugs such as alcohol and tobacco.,DOI10.1080/09595239000185431,ISSN0959-5236,notePMID 16840157,shortTitlePerceptions of legal and illegal drugs,journalAbbreviationDrug Alcohol Rev,languageeng,authorfamilyWilks,givenJ.,familyCallan,givenV. J.,issueddate-parts1990,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Wilks and Callan, 1990).

All these substances which have psychoactive properties including heroin, methamphetamine, opiate, and cannabis are not allowed in Australia. In most of the jurisdictions, the punishment for cannabis offenses is less than for other offenses which involve the possessions of other drugs. In various jurisdiction of Australia, the possession and use of cannabis have been legalized which means that if a person is caught with the possession of cannabis they can pay a fine of 100-300 they can get free rather than receiving a criminal conviction or any kind of prison sentence. This means that the penalties are less severe in this case as compared to other drugs, it does not mean that the drug has been completely legalized ADDIN ZOTERO_ITEM CSL_CITATION citationIDdWX4M8DU,propertiesformattedCitation(Moles and Stehlik, 2015),plainCitation(Moles and Stehlik, 2015),noteIndex0,citationItemsid1626,urishttp//zotero.org/users/local/4C6u8dIT/items/7ER6GA9L,urihttp//zotero.org/users/local/4C6u8dIT/items/7ER6GA9L,itemDataid1626,typearticle-journal,titlePharmacy practice in Australia,container-titleThe Canadian journal of hospital pharmacy,page418,volume68,issue5,authorfamilyMoles,givenRebekah J.,familyStehlik,givenPaulina,issueddate-parts2015,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Moles and Stehlik, 2015).

In most of the States of Australia, it has been proved through various studies that the teenagers become addicted to various illicit drugs due to cannabis because it provides the gateway towards other illicit and more serious drugs like ice and opiates. Therefore, some States are working hard to completely ban cannabis so that it is no longer readily available for the public. For this purpose, along with fine and imprisonment, the Australian government is also introducing counseling and training to the people who are drug addictive along with their families. These training are helpful in finding out the risks involved in drug use and how to prevent and stay away from any kind of illicit and harmful drug ADDIN ZOTERO_ITEM CSL_CITATION citationID8NfZruV1,propertiesformattedCitation(Nutt, 2015),plainCitation(Nutt, 2015),noteIndex0,citationItemsid1627,urishttp//zotero.org/users/local/4C6u8dIT/items/EG8JQCZM,urihttp//zotero.org/users/local/4C6u8dIT/items/EG8JQCZM,itemDataid1627,typearticle-journal,titleIllegal Drugs Laws Clearing a 50-Year-Old Obstacle to Research,container-titlePLoS Biology,volume13,issue1,sourcePubMed Central,abstractFor over 50 years, many medical drugs have been effectively banned from research and clinical treatment in the vain hope that this will stop recreational use. The scientific community should now challenge this pointless ban and get governments to improve their regulations so science can flourish., The United Nations drug control conventions of 1960 and 1971 and later additions have inadvertently resulted in perhaps the greatest restrictions of medical and life sciences research. These conventions now need to be revised to allow neuroscience to progress unimpeded and to assist in the innovation of treatments for brain disorders. In the meantime, local changes, such as the United Kingdom moving cannabis from Schedule 1 to Schedule 2, should be implemented to allow medical research to develop appropriately.,URLhttps//www.ncbi.nlm.nih.gov/pmc/articles/PMC4307971/,DOI10.1371/journal.pbio.1002047,ISSN1544-9173,notePMID 25625189nPMCID PMC4307971,shortTitleIllegal Drugs Laws,journalAbbreviationPLoS Biol,authorfamilyNutt,givenDavid,issueddate-parts2015,1,27,accesseddate-parts2019,4,18,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Nutt, 2015). Along with these, there are some other penalties like rehabilitation orders and also disqualification from driving for a lifetime. Certain States in Australia have programs that refer people with drug problem to education programs or treatment where such people are able to receive help rather than going to the criminal justice system ADDIN ZOTERO_ITEM CSL_CITATION citationIDR4TSheEh,propertiesformattedCitation(McDonald, 2011),plainCitation(McDonald, 2011),noteIndex0,citationItemsid1630,urishttp//zotero.org/users/local/4C6u8dIT/items/FF3YRIUF,urihttp//zotero.org/users/local/4C6u8dIT/items/FF3YRIUF,itemDataid1630,typearticle-journal,titleAustralian governments spending on preventing and responding to drug abuse should target the main sources of drug-related harm and the most cost-effective interventions,container-titleDrug and Alcohol Review,page96-100,volume30,issue1,sourcePubMed,abstractA notable feature of Australian drug policy is the limited public and professional attention given to the financial costs of drug abuse and to the levels and patterns of government expenditures incurred in preventing and responding to this. Since 1991, Collins and Lapsley have published scholarly reports documenting the social costs of drug abuse in Australia and their reports also contain estimates of governments drug budgets revenue and expenditures. They show that, in 2004-2005, Australian governments expended at least 5288 million on drug abuse, with 50 of the expenditure directed to preventing and dealing with alcohol-related problems, 45 to illicit drugs and just 5 to tobacco. Some 60 of the expenditure was directed at drug crime and 37 at health interventions. This pattern of resource allocation does not adequately reflect an evidence-informed policy orientation in that it largely fails to focus on the drug types that are the sources of the most harm (tobacco and alcohol rather than illicit drugs), and the sectors for which we have the strongest evidence of the cost-effectiveness of the available interventions (treatment and harm reduction rather than legislation and law enforcement). The 2010-2014 phase of Australias National Drug Strategy should include incremental changes to the resource allocation mix, and not simply maintain the historical resource allocation formulae.,DOI10.1111/j.1465-3362.2010.00197.x,ISSN1465-3362,notePMID 21219503,journalAbbreviationDrug Alcohol Rev,languageeng,authorfamilyMcDonald,givenDavid,issueddate-parts2011,1,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (McDonald, 2011).

Most of the production of illegal drugs that are commonly used are not regulated and they are made in labs which are illegal. When a person uses these drugs then he/she cannot be sure that what is the composition of the drug and also the adverse effect of the drug including the overdose and death if used in higher amount. A large part of the work and functioning of the justice system including the prisons, the judiciary and also the police is full with offenses that are related to the illegal drug consumption. There are many people who have criminal records just because of the possession of illegal drugs which were intended to personal use and this can further affect their work prospects ADDIN ZOTERO_ITEM CSL_CITATION citationIDX8jhZJBy,propertiesformattedCitation(Hughes et al., 2017),plainCitation(Hughes et al., 2017),noteIndex0,citationItemsid1635,urishttp//zotero.org/users/local/4C6u8dIT/items/HZZCFBFT,urihttp//zotero.org/users/local/4C6u8dIT/items/HZZCFBFT,itemDataid1635,typearticle-journal,titleThe deterrent effects of Australian street-level drug law enforcement on illicit drug offending at outdoor music festivals,container-titleThe International Journal on Drug Policy,page91-100,volume41,sourcePubMed,abstractBACKGROUND Australian and international street-level drug law enforcement deploy many strategies in efforts to prevent or deter illicit drug offending. Limited evidence of deterrence exists. This study assessed the likely impacts of four Australian policing strategies on the incidence and nature of drug use and supply at a common policing target outdoor music festivals.nMETHODS A purpose-built national online survey (the Drug Policing Survey) was constructed using five hypothetical experimental vignettes that took into account four policing strategies (High Visibility Policing, Riot Policing, Collaborative Policing, and policing with Drug Detection Dogs) and a counter-factual (no police presence). The survey was administered in late 2015 to 2115 people who regularly attend festivals. Participants were block-randomised to receive two vignettes and asked under each whether they would use, possess, purchase, give or sell illicit drugs.nRESULTS Compared to no police presence, any police presence led to a 4.6 point reduction in engagement in overall illicit drug offending reducing in particular willingness to possess or carry drugs into a festival. However, it had minimal or counterproductive impacts on purchasing and supply. For example, given police presence, purchasing of drugs increased significantly within festival grounds. Offending impacts varied between the four policing strategies Drug Detection Dogs most reduced drug possession but High Visibility Policing most reduced overall drug offending including supply. Multivariate logistic regression showed police presence was not the most significant predictor of offending decisions at festivals.nCONCLUSIONCONCLUSION The findings suggest that street-level policing may deter some forms of drug offending at music festivals, but that most impacts will be small. Moreover, it may encourage some perverse impacts such as drug consumers opting to buy drugs within festival grounds rather than carry in their own. We use our findings to highlight trade-offs between the goals of public health promotion and crime control in street-level enforcement.,DOI10.1016/j.drugpo.2016.12.018,ISSN1873-4758,notePMID 28131615,journalAbbreviationInt. J. Drug Policy,languageeng,authorfamilyHughes,givenCaitlin Elizabeth,familyMoxham-Hall,givenVivienne,familyRitter,givenAlison,familyWeatherburn,givenDon,familyMacCoun,givenRobert,issueddate-parts2017,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Hughes et al., 2017). The overall legislation related to drugs is State-based which means that different States have different legal procedures and regulation in order to limit the use of illicit drugs. South Australia and Northern Territory have legalized the use of Cannabis by applying different civil punishments and for that, the person needs to meet certain eligibility criteria. Rest of the Australian States have no legalized options for any kind of illegal drugs. Majority of the Australian states have legalized the use of cannabis when the doctor has prescribed cannabis for a given medical condition ADDIN ZOTERO_ITEM CSL_CITATION citationIDGbM8sVvq,propertiesformattedCitation(Degenhardt et al., 2005),plainCitation(Degenhardt et al., 2005),noteIndex0,citationItemsid1632,urishttp//zotero.org/users/local/4C6u8dIT/items/ZIK6EPFB,urihttp//zotero.org/users/local/4C6u8dIT/items/ZIK6EPFB,itemDataid1632,typearticle-journal,titleEvaluating explanations of the Australian heroin shortage,container-titleAddiction,page459-469,volume100,issue4,authorfamilyDegenhardt,givenLouisa,familyReuter,givenPeter,familyCollins,givenLinette,familyHall,givenWayne,issueddate-parts2005,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Degenhardt et al., 2005).

Although these are some of the laws that were implemented after negotiations and considerations but having said that these are not very effective approaches and the rate of use of the drugs including opiate, cannabis, and opium is increasing day by day. It is noteworthy here that most of the users are teenagers who start using these drugs due to the pleasing effects and then they become addicted to these drugs completely. Although according to the legislation these teenagers are exempted from any proper court proceedings and they are directed towards rehab programs but even then these programs are not very effective and the purchase and overall market of illegal drugs is increasing day by day. One of the main reason in the ineffectiveness of these rules is because of lack of fear of legal procedures among the public ADDIN ZOTERO_ITEM CSL_CITATION citationIDtULOgNOj,propertiesformattedCitation(Willis, 2008),plainCitation(Willis, 2008),noteIndex0,citationItemsid1643,urishttp//zotero.org/users/local/4C6u8dIT/items/ZN9HQT5X,urihttp//zotero.org/users/local/4C6u8dIT/items/ZN9HQT5X,itemDataid1643,typearticle-journal,titleCannabis supply into and within Australia,container-titleCriminal Justice Bulletin Series,volume2,authorfamilyWillis,givenKatie,issueddate-parts2008,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Willis, 2008).

The legalization of Cannabis in major States of Australia is another reason that people are not taking the laws seriously and they are still involved in the trade and use of these drugs, and it has been proved through various research studies that Cannabis is a gateway for the dependence and use of other serious drugs like ice and opiates due to this legalization the intensity of the punishment was reduced to a few dollars fine and a few days in imprisonment as a result, the users dont feel the need to stick to the laws and they are not taking it seriously. If the Australian government wants to make the laws effective then it has to make sure that the addictive drugs are not easily available for the public, they must first make sure that all the suppliers are banned completely and this can be done by properly investigating every suspicious place. and also to reduce the availability of drugs and specifically cannabis the government has to make sure that taxes are applied to cannabis because this is the root from where the dependency to drugs start ADDIN ZOTERO_ITEM CSL_CITATION citationIDKLiYc3al,propertiesformattedCitation(Wodak, 2015),plainCitation(Wodak, 2015),noteIndex0,citationItemsid1637,urishttp//zotero.org/users/local/4C6u8dIT/items/U5R8YY2U,urihttp//zotero.org/users/local/4C6u8dIT/items/U5R8YY2U,itemDataid1637,typearticle-journal,titleThe failure of drug prohibition and the future of drug law reform in Australia,container-titleAustralian Prescriber,page148-149,volume38,issue5,sourcePubMed Central,DOI10.18773/austprescr.2015.054,ISSN0312-8008,notePMID 26648647nPMCID PMC4657303,journalAbbreviationAust Prescr,authorfamilyWodak,givenAlex,issueddate-parts2015,10,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Wodak, 2015).

The use of the illicit drug is not the only problem in Australia but it is a problem around the world and every country has its own strategies and legislation to save its people from the drug dependency. The US government has finalized some rules and regulations regarding illegal drug use and these rules are applied to every kind of drug there is no exception in any one of them. If an individual is caught while using or trading any of these drugs that he/she has to go through the legal processes which include a court hearing along with fine, imprisonment and rehabilitation services. Exceptions are there depending on the age and mental state of the individual but these exceptions do not apply to the type of drug because in the United States of America every drug that induces some pleasuring effects is banned and if there is a risk of dependency on the drugs then that is considered as an abusive drug ADDIN ZOTERO_ITEM CSL_CITATION citationID6042xk0p,propertiesformattedCitation(Johnson, 2002),plainCitation(Johnson, 2002),noteIndex0,citationItemsid1640,urishttp//zotero.org/users/local/4C6u8dIT/items/ZYC9C8M3,urihttp//zotero.org/users/local/4C6u8dIT/items/ZYC9C8M3,itemDataid1640,typearticle-journal,titleUS border enforcement Drugs, migrants, and the rule of law,container-titleVill. L. Rev.,page897,volume47,authorfamilyJohnson,givenKevin R.,issueddate-parts2002,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Johnson, 2002). The problem with the Australian drug use and laws is that it has created confusion among the public by legalizing some drugs and as a result, the intensity of penalties in the trade and use of those drugs has also reduced. Although cannabis is equally addictive and dangerous, it is decriminalized in Australia due to which the people know that if they get caught while using the drug then the penalties will not be severe. As a result, people get involved in the use of the drug without fearing the law. In order to eradicate the use of illegal drugs the Australian government has to exclude cannabis from the list of legal drugs and the penalties for cannabis should also be the same as other drugs.

References

ADDIN ZOTERO_BIBL uncited,omitted,custom CSL_BIBLIOGRAPHY Darke, S., Kaye, S., McKETIN, R., Duflou, J., 2008. Major physical and psychological harms of methamphetamine use. Drug and Alcohol Review 27, 253262. https//doi.org/10.1080/09595230801923702

Degenhardt, L., Reuter, P., Collins, L., Hall, W., 2005. Evaluating explanations of the Australian heroin shortage. Addiction 100, 459469.

Drugs and the Law WWW Document, n.d. Positive Choices. URL https//positivechoices.org.au/teachers/drugs-and-the-law (accessed 4.18.19).

Hall, W., Solowij, N., 1998. Adverse effects of cannabis. The lancet 352, 16111616.

Hughes, C.E., Moxham-Hall, V., Ritter, A., Weatherburn, D., MacCoun, R., 2017. The deterrent effects of Australian street-level drug law enforcement on illicit drug offending at outdoor music festivals. Int. J. Drug Policy 41, 91100. https//doi.org/10.1016/j.drugpo.2016.12.018

Johnson, K.R., 2002. US border enforcement Drugs, migrants, and the rule of law. Vill. L. Rev. 47, 897.

McDonald, D., 2011. Australian governments spending on preventing and responding to drug abuse should target the main sources of drug-related harm and the most cost-effective interventions. Drug Alcohol Rev 30, 96100. https//doi.org/10.1111/j.1465-3362.2010.00197.x

Moles, R.J., Stehlik, P., 2015. Pharmacy practice in Australia. The Canadian journal of hospital pharmacy 68, 418.

Nutt, D., 2015. Illegal Drugs Laws Clearing a 50-Year-Old Obstacle to Research. PLoS Biol 13. https//doi.org/10.1371/journal.pbio.1002047

Wilks, J., Callan, V.J., 1990. Perceptions of legal and illegal drugs comparisons of parents, adolescents, and best friends. Drug Alcohol Rev 9, 311319. https//doi.org/10.1080/09595239000185431

Willis, K., 2008. Cannabis supply into and within Australia. Criminal Justice Bulletin Series 2.

Wodak, A., 2015. The failure of drug prohibition and the future of drug law reform in Australia. Aust Prescr 38, 148149. https//doi.org/10.18773/austprescr.2015.054

Wolkoff, D.A., 1997. Methamphetamine abuse an overview of health care professionals. Hawaii medical journal 56.

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Assignment 3

Assignment 3

[Name of the writer]

[Name of the institution]

Assignment 3

Introduction

Every human in this world is born with some basic rights. These rights are understood and pre-defined without any explicit explanation or notification and are known as “Human Rights”. Human rights are the basic and fundamental rights bestowed upon every human irrespective of age, gender, race, colour, caste, nationality, religion, sexual orientation or social status. The implication of these rights starts on an individual with the time of his or her birth and goes with them until they die (Friedman, 2018, pg., 23). The human rights comprise various rights like the right to live, right to good and healthy food, right to clean and safe water, right to freedom, right to democracy, right of thinking, right to freedom of expression and right to plea or seek legal assistance in case of any crucial matter.

There are many cases in the history of mankind where human rights were not only denied but also new stories of cruelty and brutality were written for the world (Meron, 1989, pg 82). Such instances or cases can be more commonly seen in the case of International law, where the victims are mostly prisoners, more specifically, prisoners of war. History has witnessed numerous cases in which the prisoners of war, or in modern times, prisoners involved in terrorist activities, or even accused of the involvement in terrorist activities, are treated in such a brutal way that the whole humanity is put to shame (Lippke, 2017, pg 188). One prominent instance of such a case is the prosecution case of David Hicks, who was held captive in by the United States Government from 2002 until 2007.

Discussion

The case of David Hicks was considered from multiple aspects in the court of law, and the Federal Court and the Military Court of the United States viewed it in different lights (Poynting, 2015, pg 16). The United Nations also raised their voice against the violation of human rights in the matter of this case. Detailed case history of the prosecution of this legal trial of David Hicks has been provided as under. Moreover, the case has been analyzed from various perspectives including the perspective of the United Nations and under the laws and legislations defined by the Third Geneva Convention.

Case History

David Mathew Hicks was held captive by the United States Government and the United States Security Forces, camp from 2002 until 2007, in Guantanamo Bay detention. He is an Australian national and was captured from Afghanistan. Hicks was accused of being an enemy combatant and providing “material support” to the terrorists. Along with this, he was charged with multiple other crimes including conspiracy to indulge in illegal activities like terrorism, attempted murder, and providing aids to the enemy. He was one of the first people to be detained the detention centres of Guantanamo Bay.

Hicks was kept in total isolated detention for three whole years and at the end of this period, he was charged with all the above-mentioned charges. He was forced to appear before the Military Commission established as a result of the orders by the President. Before the trial could proceed further, the US Supreme Court banned the Military Courts, declaring it illegal and Hick’s trial stood hanging in between (Glazier, 2014. pg, 295).

Also at the end of 2007, Hick only pleaded guilty of a single crime, which was providing material support and arms to the terrorists. Hicks recently appealed in the court that the law used against him in the United States Court was passed after 9/11, so its application was totally baseless and it could not be applied retroactively.

A Marine Corps major, Michael Mori, after careful observation and analysis of David Hick’s case, commented, "Hicks will finally get justice," Michael Mori was also Hick’s military lawyer in this case. Mori also exclaims that Hicks would never have been convicted "if the case had been tried in federal court, instead of the politically motivated military commissions,". He presents such comments in his book about the case, "In the Company of Cowards: Bush, Howard and Injustice at Guantanamo," which got published last September.

International Human Rights Law

The United Nations has a separated department or body working solely for the purpose of providence and protection of human rights all over the world. This body is known as the United Nations Human Rights Commission or UNHRC (Conte, and Burchill, 2016, pg 132). This commission works for the protection of human rights all over the world and makes sure that the rights of humans are not violated anywhere in the world.

United Nations Human Rights Committee has made numerous contributions with respect to the protection and prevalence of fundamental human rights all over the world. The first and foremost development is the introduction of International Human Rights Law (Shelton, 2015, pg 55). This law bounds the governments of all the countries to act responsibly and respect the basic and fundamental rights of every individual. As per the United Nations, the International Human Rights Law states that “International human rights law lays down the obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups”

The biggest achievement of The United Nations Human Rights Committee is the establishment of universal body or law that complies with the social, cultural and religious values of almost every region (Morgan, 2016, pg 99). It is a universally accepted and acclaimed code of conduct, to which everyone can relate to; every nation can subscribe to it and all people aspire it.

Protection of rights of the prisoners in the Third Geneva Convention

The third Geneva Convention is one of the most significant and relative law for the treatment of the prisoners of war. It is one of the four treaties of Geneva Convention, but among all of them, it is considered the most significant and powerful regarding the security and protection of the rights, especially human rights of the prisoners (Rorty, 1993, pg 20). The Geneva Convention is a set of rules and regulations that stresses over the humanitarian treatment of the prisoners of war. It was initially adopted in 1929 but got revised in the conference of 1949. There are 196 state parties to the convention to this convention.

The Third Geneva Convention strictly forbids any state or government to carry on inhumane behaviour against the prisoners of war. The laws and regulation laid down in the Convention prohibit the use of violence against the prisoners (Palmer, 2014, pg, n.p.). The definition of violence defined under the convention comprises all the aspects of violence, be it physical, sexual, psychological or emotional. In addition to this, the laws defined in the convention also prohibit the use of any such treatment which can result in the death or even putting the life in a seriously endangered or life-threatening situation. The Third Geneva Convention also protects the prisoners from any acts of intimidation, reprisals, insults and public curiosity, torture (of any kind) and exercise (Rabkin, 2018, pg, 69). The convention completely provides and protects the rights of the prisoners to have adequate and healthy food, clean water, clothing, shelter, religious freedom, sanitary living conditions and the right to complain. The convention, however, supports the use of appropriate forces in the case of riots or efforts of escape by the prisoner (Richardson, 2017, pg 166). The laws defined in the Geneva Convention also allows the use of labour against the prisoners only until it follows the above-mentioned regulations.

Law Council of Australia

The Law Council of Australia endorses and supports all such approaches and practices that respect and are in harmony with the International Law of Human Rights as defined by the United Nations. The Law Council laid out the plan for the delivery and protection of human rights as a major strategic priority in the Strategic Plan of 2015-2020. The basic aims of this Strategic Plan are defined as under

Implementation of international human rights in Australia at domestic levels.

Educating the masses and spreading awareness about the basic human rights in Australia

Participating in the international human rights system.

Human Rights Violations in the case of David Hicks

A number of human rights were violated in the case of David Hicks. Some of these violations occurred during the capturing and detention of the accused while most of the rights were violated during the captivity and stay in the Guantanamo Bay detention cells.

Capture and Detention

David Hicks was captured by a Northern Alliance Warlord and handed over to the United States Special Forces for US $ 5000. His father Terry, comments on this, "David was captured by the Northern Alliance unarmed in the back of a truck or a van. So he wasn't on the battlefield at all." Terry Hicks also requested the Australian Government to bring his son back to Australia for trial in 2002.

Torture Allegations

Hicks alleged the US forces to mistreat him during the detention at Guantanamo Bay. In an affidavit released on December 10, 2004, he claimed the following violations of human rights against the US Security Forces:

Sexual assault

Sexual harassment

Being sedated by the use of injection or sedative without consent

Being forced to take unidentified medication

Being hit while under sedation

Being beaten while handcuffed and blindfolded

Being kept awake regularly

Witnessing the use of attack dogs to injure and traumatize the prisoners

Stance of the United States of America

One of the striking advancements in the case is the striking retreat of the United States Government in the case of David Hicks. The American Government labelled Hicks as “Worst of the Worst,” a phrase used for men held in Guantanamo Bay. Moreover, in 2007, when Hicks was still in the captive facility of Guantanamo Bay, the American ambassador in Australia, MR. Robert D. McCallum Jr. used the phrase "ruthless fanatics who would kill Australians and Americans without blinking an eye" for the detainees of Guantanamo Bay.

Court’s Ruling on the case of David Hicks

David Hicks was released by the United States Military Court in 2015. In an eight-page majority decision, the United States Court of Military Commission Reviews set aside the guilty plea placed by Hicks, along with his sentence, and vacated his sentence on 18 February 2015.

Hicks was very pleased over this decision and he stated he felt "very good to be an innocent man”. He considered it a great win against a legal challenge. He considered it a big vicious cycle and claimed that he was totally wrongly convicted of carrying and supplying material support to the terrorists.

The United States Court of Military Commission, on the other hand, stated that “The findings of guilty are set aside and dismissed, and appellant’s sentence is vacated.” Moreover, the United States Defense Department spokesperson confirmed that the government did not intend to file an appeal against the court decision. The Defense Department confessed in the Military court that the charges pressed again Hicks were not viable as the material; support law was passed after 2006, and all the charges before 2006 were not going to come under this umbrella.

Conclusion

In a nutshell, the case of David Hicks proves that a serious violation of human rights takes places even in big countries like the United State of America. The topic of Human Rights Violation is especially very important with respect to the prisoners or prisoners of war. The United Nations and lays great emphasis over the importance of Human Rights and it has even set up a separate body for the protection of these rights under the name of United Nations Human Rights Committee or UNHRC. The rights of prisoners have also been significantly emphasized in the Third Geneva Convention.

The case of David Hicks provides an account of the struggles and the hardships he himself and his family went through during the period when the case was ongoing. The American Military Court provided a ruling in 2015 in favour of the prosecution and finally, David Hicks is an innocent man in the eyes of law and in the eyes of the world.

References

Conte, A. and Burchill, R., 2016. Defining civil and political rights: The jurisprudence of the United Nations Human Rights Committee. Routledge.

Friedman, E., 2018. Women’s human rights: The emergence of a movement. In Women's Rights, Human Rights (pp. 18-35). Routledge.

Glazier, D., 2014. The Misuse of History: Conspiracy and the Guantánamo Military Commissions. Baylor L. Rev., 66, p.295.

Lippke, R.L., 2017. Toward a theory of prisoners’ rights. In Prisoners' Rights (pp. 177-200). Routledge.

Meron, T., 1989. Human rights and humanitarian norms as customary law (p. 82). Oxford: Clarendon Press.

Morgan, R., 2016. Transforming law and institution: Indigenous peoples, the United Nations and human rights. Routledge.

Palmer, J.W., 2014. Constitutional rights of prisoners. Routledge.

Poynting, S., 2015. Empire crime, rendition and Guantánamo Bay: the case of David Hicks. State Crime Journal, 4(1), pp.16-33.

Rabkin, J., 2018. After Guantanamo: The War over the Geneva Convention. In The National Interest on International Law and Order (pp. 63-76). Routledge.

Richardson, G., 2017. The case for prisoners’ rights. In Prisoners' Rights (pp. 165-176). Routledge.

Rorty, R., 1993. Human rights, rationality, and sentimentality. Wronging Rights?: Philosophical Challenges for Human Rights, pp.1-34.

Shelton, D., 2015. Remedies in international human rights law. Oxford University Press, USA.

Assignment 3

Running Head: LAW

Ethics for Legal Professionals

[Name of the Writer]

[Name of the Institution]

Ethics for Legal Professionals

Introduction

The operators of law in a community are those who participate in the construction of legal discourse. They interpret and apply the rules of law created by free democratic deliberation. They discriminate the public sphere of the private one avoiding its confusion (Maurer and Mischler, 2014, p.96). They process and resolve the conflicts of interests and powers in their communities, since they have been given the monopoly of the public service of justice. Are the responsible for curbing the invisible illegal and extralegal powers that undermine democratic institutions. It is through argumentation and the exercise of rhetorical discourse that the art of persuasion is learned. In deliberative democracy, the rhetorical exercise is combined in the dialogue that takes place between legal operators, in the different roles they occupy, in the different conflict resolution techniques. Thus, judges, prosecutors, defenders, counselors, lawyers, participate in the construction of the best available legal discourse. The best decision will be the product of the best arguments designed by legal professionals, put to dialogue in dispute resolution processes (Maurer and Mischler, 2014, p.96).

Reality of Ethics for Legal Representatives

In reality, both independence and impartiality in judicial activity, do their excellence. They are indisputable values ​​of the function (Maurer and Mischler, 2014, p.96). While the motivation turns out to be a procedural methodological instrument indispensable for the validity of the judicial resolutions. While these guiding principles are part of judicial ethics in a broad sense, and have a favorable impact on public confidence in the judiciary, they must be complemented by a series of public and private behaviors with a public transcendence that demonstrate values, such as courtesy, decorum, honesty, transparency, responsibility, honorability, among others. It is not about demagogy towards society, but about the judicial institution, and especially the magistrates, maintaining an unblemished image, typical of the function entrusted to the Rule of Law (Koehler and Pemberton, 2018, p.26). Be independent, impartial, transparent and, in addition, pretend to be. Appearance is what is seen, is what phenomenologically is, and what, ultimately, forms the opinion and public confidence.

Conflict Resolution Mechanism

The conflict resolution mechanisms in modern democracies tend to be increasingly participatory. Negotiations and mandatory mediations, jury trials, neighborhood justice, are some examples. The legal operators assume new roles in the dynamics of construction of legal discourse in these participatory techniques of conflict resolution: mediating lawyers and negotiators,  lawyers who dialogue with non-technical juries, lawyers, orators from the increasing orality of the processes (Koehler and Pemberton, 2018, p.26).  The procedural norms and the ethical-professional design the modes of that dialogical construction of law (Menkel et al, 2016, p.3). The legal professionals who monopolize the justice service of their Citizens must adhere to the procedural and ethical-professional rules that shape dispute resolution processes and that guarantee the respect and realization of human rights in their communities (Hariharan et al, 2016, p.7). When they do not, the rules of law are no longer accessible to their recipients, nor do they show a certain regularity in their application; legal tools no longer provide remedies to the problems that the  society raises in specific cases; these tools become functional to certain groups that receive their benefits to the detriment of others, and are no longer oriented towards the common good; when the operators of right they forget the purpose with which those rules have been conceived and assign them uses that deviate from the goals proposed by the collective debate, there is a distrust in the justice service they provide. They look then affected the budgets of democratic deliberation: publicity, generality, universability, facticity and the purpose of the rules agreed upon therein (Hariharan et al, 2016, p.7). 

Explaining Breach of Rules

The breach of the rules that give frame to this judicial debate brings with it dire consequences for the justiciable. The jurisdictional debate is the last redoubt to which people entrust the recognition of their rights, which, being violated, await the results of that deliberation to find their protection (Montgomery et al, 2017, p.78). If that debate does not follow the rules that ensure equal information among all the people involved, access to legal representation of all subjects interested in that debate, the guarantee of freedom and independence of those who participate in that deliberative game , by enunciating some of the principles of professional ethics that regulate this process, unfailingly the defendant will not find justice in the case brought to this discussion. If the defendant does not find an adequate response to his claim, by defect in any of the procedural rules (whether they are rules of the processes or those derived from professional ethics), his right will continue to be violated (Gallagher and Hodge, 2016, p.45). If there is a violation of a right then it is not complying with any of the substantial rules obtained from the democratic deliberation. Consequently, the social validity of the The right will be affected, and the justice service of the community will lose credibility and diminish its legitimacy. At the Conference of the Supreme Courts of the Americas in 2009, which took place in Buenos Aires, on September 3 and 4, in the panel on Organization and Management of the Judiciary, the President of the Court (Forrow et al, 2017, p.112).

Ethics of Legal System in the Political Era

In a political era in which greater "democratization of justice" is called for, the opening of this power to society and a critical attitude to its action can not be conceived, for example, a Judge who uses inappropriate forms, authoritarian, discourteous treatment , bad manners and devaluates the agents that provide collaboration, lawyers and people in general, or questions in certain judicial cases, because the judicial task demands a singular exemplarity of life, that transcends the strictly functional performance of the position (Carbo and Almagno, 2016, p.12). The "good conduct" that magistrates demand our Magna Carta covers the full and respectful performance of magistrates, inside and outside the court, and exceeds the limited scope of the rules, to embrace ethical principles and education (Pollock-Byrne et al, 2018, p.140). In this sense, it is appropriate at this stage to oppose the two antagonistic positions that exist regarding judicial ethics : On the one hand, those who believe that the specific deontology of the judicial function is a fundamental part of the exercise of the judiciary, an opinion that I share; and, on the other hand, those who believe that the judge should only limit himself to applying the law, relativizing moral values. That is to say, it is a matter of defining if judicial ethics is exhausted in terms of norms; if the concept of "good judge" is left to be defined exclusively in normative terms, or if, on the contrary, it requires the development of certain character traits that constitute judicial virtues that, on the other hand, can not be very different from those that characterize to other professions or social practices, without prejudice to the particularities of the judicial function (Carbo and Almagno, 2016, p.12).

Criterion for Legal Ethics

Even more broad and clear is the criterion adopted by the cited code at the moment of enunciating its principles, stating that citizens deserve to submit their controversies to reliable judges . Here he not only refers to courtesy, but also to decorum, defining such magistrates as those known for their dedication to the magistracy as a service, their contraction to judicial work, their own criteria in the assessments, their diligence, prudence, sensitivity and probity. both in the decisions and actions, the moderation in the passions, a measured and affable treatment with the defendants, their honorability in public and private life, and a marked vocation for study, updating and professional improvement (Posner et al, 2016, p.1921). The correct concept of Judge Reliable poured into the Cordovan Code of Ethics makes it clear that it is not enough with the contraction to work and training-vitally important, but that, in addition, the magistrate must proclaim the good treatment and lead a public life and unimpeachable private. On the other hand, from the ethical duty of courtesy certain derivations arise (Singhapakdi et al, 2018, p.153). Thus, the Ibero-American Code, states thatthe judge must provide explanations and clarifications that are requested, to the extent that they are appropriate and appropriate (Article 50); and that within the scope of its court, the judge must relate to officials, assistants and employees without incurring -or pretending to do so- in favoritism or any type of arbitrary conduct (Article 51); and demonstrate a tolerant and respectful attitude toward criticism directed at their decisions and behavior (article 52).

Code of Ethics for Magistrate

In the same line of thought, the Code of Ethics for Magistrates and Officials of the Judicial Branch of Córdoba completes its chapter on Social Rules referring to the assistance of judges, dignity and modesty. In this sense, it establishes thatmagistrates must attend their offices and take care that they are maintained in conditions that safeguard their dignity and decorum. In addition, they must cultivate their personal virtues and ensure their good name and honor in all areas of their personal development; showing in his public and private actions with public transcendence, prudence and sobriety in his words, attitudes and behaviors (Strike and Ternasky, 2016, p.1). Establishes, in terms of decorum, the ethical duty to be prudent regarding the places and people they frequent, refusing those that may raise suspicions about their impartiality, dedication or probity, as well as involving them in violent disputes, or exposing them to situations that go to the detriment of its functional dignity or the prestige that belongs to the Judicial Power (Valentine and Fleischman, 2018, p.301). While it seems that a code without sanctions is useless; or as Ihering used to say about a Law without coercion: a fire that does not burn, a light that does not shine. It does not have to be like that (Werth et al, 2018, p.12). The code of ethics serves to make judges have to reflect on their own practice, for preventive and guidance purposes; to make explicit certain criteria that, in fact, inspire its practice and consequently to guide it; and finally to facilitate (to others) justified criticism of their profession based on the unification and drafting of a basic consensus regarding social morality, with ethical principles and irreplaceable ethical virtues that officials and magistrates can not ignore (Van Hoose and Kottler, 2016, p.23).

Conclusion

The certain thing is that the Magistrates in particular, and the organisms linked to the judicial function in general (Judicial Power and Public Ministries) can not be other people's to the process of modernization own of the times in which we lived.A Judicial Power that is far from society can no longer be conceived. The Judge "owner of his office" who, in solitude, dictates sentences and only through them addresses the company. Judge who knows the law, but little to those to whom it applies. That intentionally generates distance from those who do not exercise the magistracy, as a victim and victimizer of a judicial divinism caused by the Judge himself and the environment that surrounds him. Submissive and complacent employees. Friends of power. Huge offices and extravagant furniture. The Judge who believes he is Justice. On the contrary, it is about progress towards judicial republicanism: men and women trained, transparent, honest in every act of their lives, to whom the State has given them responsibility, and the honor of providing the transcendental public service of imparting justice.

References

Carbo, T. and Almagno, S., 2016. Information ethics: The duty, privilege and challenge of educating information professionals.

Forrow, L., Arnold, R.M. and Frader, J., 2017. Teaching clinical ethics in the residency years: preparing competent professionals. The Journal of medicine and philosophy, 16(1), pp.93-112.

Gallagher, A. and Hodge, S. eds., 2016. Ethics, law and professional issues: a practice-based approach for health professionals. Macmillan International Higher Education.

Hariharan, S., Jonnalagadda, R., Walrond, E. and Moseley, H., 2016. Knowledge, attitudes and practice of healthcare ethics and law among doctors and nurses in Barbados. BMC Medical ethics, 7(1), p.7.

Koehler, W.C. and Pemberton, J.M., 2018. A search for core values: Towards a model code of ethics for information professionals. Journal of Information Ethics, 9(1), p.26.

Maurer, N.M. and Mischler, L.F., 2014. Introduction to lawyering: Teaching first-year students to think like professionals. J. Legal Educ., 44, p.96.

Menkel-Meadow, C.J., 2016. Can a law teacher avoid teaching legal ethics. J. Legal Educ., 41, p.3.

Montgomery, J., 2017. Health Care Law and Ethics: Abortion; Fertility; Maternity Care; Selective Treatment of the Newborn; Transplantation; Terminal Care and Euthanasia.

Pollock-Byrne, J.M. and Pollock, J.M., 2018. Ethics in crime and justice: Dilemmas and decisions (p. 140). Pacific Grove, CA: Brooks/Cole.

Posner, R.A., 2016. The deprofessionalization of legal teaching and scholarship. Mich. L. Rev., 91, p.1921.

Singhapakdi, A., Karande, K., Rao, C.P. and Vitell, S.J., 2018. How important are ethics and social responsibility?-A multinational study of marketing professionals. European Journal of Marketing, 35(1/2), pp.133-153.

Strike, K.A. and Ternasky, P.L., 2016. Ethics for Professionals in Education: Perspectives for Preparation and Practice. Teachers College Press, 1234 Amsterdam Avenue, New York, NY 10027 (paperback: ISBN-0-8077-3215-X; hardcover: ISBN-0-8077-3216-8)..

Valentine, S. and Fleischman, G., 2018. Ethics codes and professionals' tolerance of societal diversity. Journal of Business Ethics, 40(4), pp.301-312.

Van Hoose, W.H. and Kottler, J.A., 2016. Ethical and legal issues in counseling and psychotherapy. Jossey-Bass.

Werth Jr, J.L., Welfel, E.R.E. and Benjamin, G.A.H., 2018. The duty to protect: Ethical, legal, and professional considerations for mental health professionals. American Psychological Association.

Asylum

Asylum

[Name of the Writer]

[Name of the Institution]

Asylum

Introduction

For centuries States have granted protection to groups of people and single individuals escaping persecutions, discrimination, and oppression. Helping people who seek refuge and escape danger has had its fair share of history. Initially, it was said to be a religious commitment since a lot of religions are based on protecting life and helping strangers. The early concept of asylum was always related to a sacred place or in the same proximity of the holy place. The sacredness of the church or temple gave people refuge from manmade laws and regulations and provided them with protection that was based on religious terms or alters the protection itself. When the view of state sovereignty rose, the authority to grant asylum made a shift from religious bodies to nation states (Herlihy, Gleeson & Turner, 2010). The view of state asylum became an essential instrument in the associations amid states. At the beginning of the 20th century the concept of asylum got the recognition of being a human right in the international legal tools. This rose and climaxed in the Universal Declaration of Human Rights (UDHR) and made a distinctive mark in the embracing of the ideological transferal of Asylum from being an instrument of the state to asylum getting recognition as being an individual right. The article 14 of UDHR that was embraced in 1948, guaranteed to the individuals the right to pursue and relish asylum in other countries. Following, regional human rights tools expanded on this specific right, assuring the right to pursue and be given the grant to asylum in a foreign land. This was in harmony with the statute of the international conventions and state (Herlihy, Gleeson & Turner, 2010).

Discussion

Asylum a Human Right

The concept of a person’s right to pursue asylum progressed sideways more customary approach of asylum as a belief that states had the right to give people. By the time 20th century approached, this unconventional concept of asylum started getting mirrored in international tools. In light of the 1933 League of Nations Convention in the relevance of the International Status of Refugees, restricted participant states from refusing refugees from neighboring states entry in their state, and also from dismissing immigrants among their own borders (Herlihy, Gleeson & Turner, 2010). These changes were ignited due to the Second World War. Asylum grant came to the understanding of not being an Optional entitlement but as a compulsion of the countries. Countries were now under the responsibility of granting asylum to people who were stateless or individuals who were wronged by their own nation. As mentioned above in accordance with the Article 14 of the UDHR people were not guaranteed asylum but given the right to apply for it.

Refugee Convention

The 1951 convention which was in the relevance of Status of Refugees and later in 1967 its Optional Protocol which was also in the relevance of the Status of Refugees (Benson, 2008). When the talk is about the 1951 convention it launches and defines a refugee along with the principle of non-refoulment and also the rights which were given to the people who were given the refugee position. Granting the fact that the definition of 1951 convention for refugees is still the most prominent and dominant, the regional treaties have further revised the meaning of a refugee in answer to the displacement crises which were not roofed by the 1951 convention. It is not defined by the 1951 convention that how Stat parties need to make a determination to if a person lives up to the definition of a refugee or not. On the contrary, the development of asylum records and the status of refugee resolve are left to each of the State party to regulate. This ended up creating discrepancies within various states as government’s craft asylum laws which are made on the basis of various resources, histories in regards to forceful migration movement and the national security worries (Benson, 2008). Regardless of the differences that were present at the regional and national levels, the principal objective of the modern refugee system is to give protection to people who for forced to escape their household due to their countries being reluctant and incapable of protecting them.

Who exactly is a refugee?

In the light of Article 1 of the 1951 convention a refugee is explained as someone who is not living in his or her state of residence and nationality, someone who is denied, unwilling or unable to go back because of the fear of trial on the basis of religion, nationality, race, membership, social group or political opinion one belongs to (Benson, 2008). Relating this description, internally displaced persons (IDPs) – The people who are trying to escape violence or natural disaster, people who are generally stateless and living outside of habitual residence or are not facing any kind of trial. Also, the people who have escaped and crossed the international border because they wanted to flee widespread violence will not be considered as refugees in light of either the 1951 refugee convention or optional protocol 1967.

Appealing Asylum: Enforcement

The settlement and decision of asylum claims and grants lie with the individual states. Even though, a few states specifically the ones that cover the Council of the European Union, have put in efforts to conform to a uniform and constant asylum system (Crisp, 2019). The regional and international bodies are deficient when it comes to the jurisdiction to arbitrate the individual or per person asylum claims. Looking into the Dublin Regulation: Council Directive 2004/83/EC of 29 April 2004 on the lowest for the criteria for the requirement and status of third country nationals or stateless individuals who on the other hand need the international safeguard and the content of the protection allowed. This is commonly known as the Qualification Directive. However, the regional and international bodies do arbitrate statements that are proclaiming violation of the human rights of refugees and the people who seek asylum. Regardless of the fact that there are disparities across and at times among the states, there are numerous commonalities midst the asylum processes of states who hold the national framework for granting the refugee status. Below is a simplified and general description of these processes (Crisp, 2019).

Analysis of Key Terms

To make an understanding of how these processes operate it is essential to figure out how specific key terms which are included in the 1951 convention are defined in light of domestic legal systems of certain countries (Harvey, 2015).

Refugee: The state parties to the 1967 optional protocol and the refugee convention of 1951 have merged the definition of a refugee in regards to the convention in their domestic law. States that are also part of the OAU Convention 1969 or the Cartagena Declaration have also fused those tools’ bigger meaning of a refugee, giving recognition to the refugees who are escaping widespread violence and other collapses of the public order (Harvey, 2015).

Asylum Pursuers: An individual who is living within a state party who has applied and asked for identification as a refugee. If a person seeking asylum is focused and firm to meet the actual meaning of a refugee, they are given the grant to Asylum (Harvey, 2015).

Substantiated Fear: The specific states have deduced the 1951 Refugee convention’s necessity of an understandable fear of trial in order to require asylum seekers to show that there is a substantial possibility that they will have to undergo and suffer trial if they are taken back to their country of habitual residence and nationality. This is deliberated as both subjective as well as an objective standard. Even though a substantial fear mainly refers to a risk of trial, the people who have faced trial in the past are assumed to have a well-founded fear (Gil-Bazo, 2015).

Trial/Persecution: the term persecution is not described in the 1951 convention or even the optional protocol 1967. In the effort to provide guidance on what persecution consists of, the European Union Council encompassed a non-thorough list in the Qualification Directive of acts that can be deemed persecution such as; the acts that involve sexual violence, physical or mental violence. Administrative, legal, judicial or police measures which are either discriminatory or are applied in a discriminatory way. A trial which is based on discrimination or is disproportionate. Rejection of judicial redress which in return results in discriminatory or disproportionate punishment, punishment or trial when an individual refuses to take part in a military service on the basis of conflict, where if one performs the military services inclusive of crimes or certain acts that fall under the exclusion clauses as mentioned in the Article 12 (Gil-Bazo, 2015). It is not necessary that the trial at issue does not need to be committed by a state actor, even if the persecutory acts are committed by a non-state actor may also qualify under the convention of 1951 where the state is unable to or is not willing to protect and safeguard a person who is claiming to have refugee status.

On Reason of A casual nexus carries great necessity between the persecutory action and one of the five grounds. In practicality, it carries meaning that an applicant necessarily needs to show that one of the protected grounds was or will be the reason behind the prosecution (Gil-Bazo, 2015).

Religion, Nationality, and Race: The applicants who are seeking asylum do not need to possess religious, national or racial characteristics in question that given that characteristic was credited to the person seeking asylum by the prosecutor and is the reason behind trial (Gorman, 2017).

Political View: Similar to the three grounds mentioned above, political opinion might be attributed to the individual seeking asylum. There are certain debates in the United States that whether impartiality might qualify as a political opinion for the purpose of getting an asylum grant (Gorman, 2017).

Membership in a particular Social Group: there seems to be lack of consensus in regards to which constitutes a specific social group and if the class of person not involved in the convention of 1951 who regardless face trial. The example of women and homosexuals can be taken. The European Union Council has made the statement that individuals might be put under consideration to constitute a specific social group when common immutable features are shared, a thing which is inborn to their existence or so fundamental to their existence that there is no way that they can change it (Gorman, 2017). At the same time have different identities in their own state of nationality or residence because they are perceived as different by the society.

Particularly Serious Crime: Every country describes a serious crime differently. The UNHCR takes a particularly serious crime to be an act which comes under a capital crime or something which is gravely punishable. The UNHCR has recommended that there should be a balance created in the harshness of the crime against the harshness of the trial feared but this balancing test has not been widely adopted. It was said that the aggravated felony shall constitute a specific serious crime (Heijer, Rijpma & Spijkerboer, 2016). In light of the statute, aggravated felonies are inclusive of felonies of which the possible sentence is imprisonment for more than one year.

Crime against Humanity, War Crimes: Counties apply the definition which has been given in the international humanitarian law, it has been articulated in the Articles seven and eight of the Rome Statute of the International Criminal Court (Heijer, Rijpma & Spijkerboer, 2016).

The National Process of Claiming Asylum

Usually, the refugee status is determined, or one can say the asylum settlements are done by an official from a chosen government department or agency. These officials need to have a solid platform of the refugee law. In the majority of the cases, the official will have to interview the individual who seeks asylum to make an evaluation of that person's credibility. All the burden lays on the asylum seeker to prove themselves that they fit the definition of a refugee, they are encouraged to provide as much supporting evidence as they can. Supporting evidence can be in the form of NGO reports, news articles, country reports, affidavits or in-person testimony of a witness (Heijer, Rijpma & Spijkerboer, 2016). Putting under consideration Article 31 of the 1951 convention, state parties give in their domestic law that a candidate's irregular entry, per se an entry without a visa will not be able to have a negative impact on the asylum-seeking candidate’s application. However, there are certain States who place a time restraint on how many days after entrance into the country premises, a person seeking asylum needs to make an application. There is a one year-imposed filing deadline on asylum applications, however, there can be exceptional cases for a few circumstances. In addition to making claims at the border, people in deportation proceedings can also make a rise in asylum claim, given that the claim made is timely.

If the official finds out that the asylum seeker has a well-founded fear of trial on the basis of the five grounds, they are permitted to allow that person a claim to asylum. People who are granted asylum receive the residence permit along with another one for a dependent relative. Countries have provided that where the government denies the right to asylum to a candidate, the applicant who has been denied the right needs to receive an application for the denial (Heijer, Rijpma & Spijkerboer, 2016). The asylum seekers also have the right to ask for an appeal for the denied decision. Normally, a candidate might not be removed unless or until they have used all of their available remedies. The people who are eligible for asylum might, however, be also eligible for more limited forms of protection. These are inclusive of protection under the Article 3 of the convention against torture, it forbids any country from returning a person to a country where their safety is at stake and they will be a subject to cruel punishment or treatment. States also give the grant of complementary types of protection, for instance, subsidiary protection, withholding of removal and subsidiary protection to the people who do not meet the description of a refugee, but the life of those individuals will be in danger if they return to the state of nationality and habitual.

Refugee Status Determination by the UNHCR

There are many states who have taken in a large number of the refugee population, but they are not a party to either the 1951 convention or the 1967 optional protocol or they do not have laws and policies in place to address the asylum-seeking claims (Campbell & Steel, 2015). These states are largely inclusive of countries that are in Asia and the Middle East with a large amount of refugee population, inclusive of Jordan, Malaysia, Lebanon, Pakistan, and Egypt. In such a case the refugee status of an individual is figured out by the field offices of the United Nations High Commissioner for Refugees UNHCR. The refugee status determination that is conducted by the UNHCR is pretty similar to the Asylum adjudications which are held by the states. After an individual has registered themselves with the local UNHCR office, people who are seeking asylum have to meet an Eligibility Officer who analysis their application and the supporting documents (Campbell & Steel, 2015). All the people who apply for asylum have the right to an in-person interview and they can also be accompanied by a legal representative. Asylum seekers also have the right to bring a witness, but UNHCR policy is that the testimony of the witnesses cannot be given in the presence of the candidate and should also not be given in the presence of a third party or another witness. All the candidates are informed in writing of the Eligibility Officer’s decision. When an eligibility officer denies an applicant of their plea, they deserve that the officer explains to them why they were denied. Further, as mentioned above as well, the candidates who have been denied refugee status are entitled to file for an appeal (Campbell & Steel, 2015).

All the people who have been granted a refugee status as well as their relative who have been given the grant as well, are also issued a UNHCR Refugee Certificate which specifies that the person who holds this certificate is a refugee and therefore has the right to protection, inclusive of protection from refoulment. Regrettably, in practice issuance of a Refugee Certificate does not always make a guarantee of a person’s ability to work or give them protection from getting detained in the host country (Campbell & Steel, 2015). UNHCR generally makes a determination of the refugee status on an individual basis, however, the agency might afford prima facie refugee status to groups in the case where a substantial group of individuals have been displaced and require urgent protection. An example that can be taken under consideration to make a better understanding is UNHCR’s decision that they made in 2007 to give prima facie refugee status to people seeking asylum from the Southern and Central Iraq. UNHCR also helps facilitate resettlement to third countries where voluntary deportation or local integration is not possible (Burridge & Gill, 2017).

Particular Social Group

Let us start by discussing the “Matter of Kasinga”, the United States Board of Immigration Appeal BIA held the young women who were part of the Tchamba-Kunsuntu Tribe of Northern Togo who had not been imperiled to female genital mutilation, which was in the tribe’s practice, and who contrasted the practice constituted a specific social group (Burridge & Gill, 2017).

The criteria and procedure to identify a specific group are the United States is not that clear. In regards to the matter of Acosta, the BIA held the taxi-driver cooperative in EI Salvador which did not constitute a social group because their membership was not absolute. For the meantime, in regards to the matter of C-A-, the BIA held the non-criminal, uncompensated the informants in Colombia did not constitute a social group because they did not share a common unchallengeable feature, and because of the fact that they were not a visible group (Burridge & Gill, 2017). The nature of their work restricted them to work in secret. In Benitez Ramos v. Holder, this case was in concern of withholding of the removal claim which was filed by the Salvadoran national, The United States Court of Appeals for the Seventh Circuit did not only reject the social visibility obligation which was articulated by the BIA, it also criticized the BIA for the inconsistency applying its own criteria, pointing out the fact that the BIA itself did not always require social visibility when they evaluate that if a person is said to be a member of a particular group. Ever since, the particular social group has been defined as a group of people who all share similar, unchangeable characteristics (Giametta, 2018).

Now talking about the joined cases, Islam the United Kingdom House of Lords held the women in Pakistan constituting a social group, granting the right to asylum to two women from Pakistan who had escaped domestic violence. Cf., Matter of R-A-, 22 I&N 906 BIA 1999, which talks about denying asylum to women who claim membership in a social group that is defined as Guatemalan women, who have been intimately involved with Guatemalan men, who are under the belief that women are to live under male domination (Giametta, 2018). In accordance with the House of Lords, if such a vast description of a social group qualifies under the Convention will be depended on the evidence of how that particular group is treated in the country of nationality or habitual residence.

In A and Another v. Minister for Immigration & Ethnic Affairs 1997, the High Court of China denied the asylum grant of Chinese nationals who made claim to have a well-founded fear of trail because they sought to have another child regardless of China's one-child policy (Gorman, 2017). The candidate asking for asylum claimed that they are under the fear that they will be forced to go through the process of sterilization, and they also made the claim that they belong to that particular social group that comprised of “those who believed that having a single child restriction does not place on them, or those who are forced to go under the process of sterilization.” The Court denied the case and said it was too circular because it was not independent of the trial feared. On contradiction, the United States has given recognition to forced sterilization as a per se ground of persecution in its jurisdiction (Gorman, 2017).

Non-Refoulment and Countries of Transit

In Sale v. Haitian Ctr. Council, Inc 1993, The United States Supreme Court held that the United States was not in violation of refoulment compulsion then it gave back Haitians interdicted on the high seas given that the Haitian was not actually on the United States premises, hence the non-refoulment obligation did not apply in this case. The Inter-American Commission on Human Rights IACHR denied this reason (Gorman, 2017). They also said that the United States has violated the petitioners' right to ask for asylum and there right to life and liberty. Many of the people were arrested by the Haitian authorities, they were not even given the right to meaningful opportunity to make their claims arbitrated. The IAHCR also strongly held the fact that the United States had made a violation when it came to the Haitians right to freedom from discrimination, it was also noted that a more favorable policy was applied to Nicaraguans and Cubans (Gilbert, 2015).

In Abdi and Another v. Minister of Home Affairs, the Southern African Court denied the Government's argument that two Somali nationals, one who is an asylum seeker and the other a familiar refugee, being held in the Inadmissibility Facility detention center at the airport while they waited to be transferred to Kenya were outside the scope of South African Law. The Court also made the claim that it was immaterial that both of them left South Africa for Namibia before their detention and, being illegal entrants, were a subject to a Namibian Deportation (Gilbert, 2015).

Comparison of Asylum in the United Kingdom and the United States

The United Kingdom rendered political asylum to different people who were persecuted (Tutić & Liebe, 2018). There were people amongst those individuals who were part of the socialist movement that was given by Karl Marx. In regards to the endeavored bombing of Greenwich Royal Observatory that occurred in 1845 and also the Siege of Sidney Street which occurred in 1911, brought in the framework of the Propaganda of the deed actions, there were restrictions put on the political asylum (Tutić & Liebe, 2018).

The recognition of the right of Asylum of people was recognized by the United States as specified by international and federal law. A particular number of legally defined refugees who will be applying for the refugee status overseas, also the people who were applying for Asylum after they arrived in the United States, were admitted annually. The United States is home to more than 2 million refugees, it is one of the countries that has taken the most amount of refugees ever since World War II (Heesch, 2016). At the time of the 1990’s the United States accepted more than 100,00- refugees every single year, but ever since the 21st century started the rate of refugee intake has decreased to 50,000 per year because of the recent security issues. In regards to the people who seek asylum, it was seen that 86,400 people sought refuge in the United States since the early 2000s. Prior to the attack of 9/11 individual asylum candidates were analyzed in the private proceedings are the United States Immigration and Naturalization Services INS.

Regardless of all the things concerns and reservations have been raised in light of the United States Asylum and refugee determination processes. Recent empirical analysis done by three scholars defined the United States Asylum procedure as game of Refugee roulette; this is in regards of the fact that the results of the asylum determination independent in large part of the personality of the specific judge to whom the application has been randomly assigned to, instead of on the merit of the case (Meyers, 2016). The low number of refugees accepted from Iraq between 2003 and 2007 demonstrates the worry about the refugee processes of the United States. There was a report made by the Foreign Policy Association that stated that possibly the most puzzling feature of the Iraqi Refugee crisis has to be the incompetence of the United States to take in more Iraqi’s after the invasion of the country back in 2003. To this date, the United States has given the status of Refugee to less than 800 Iraqis, also to put under consideration is the fact that only 133 people were granted that right in 2007. One can see a huge contrast when the Vietnamese war is put under consideration (Ray, 2016). The United States took in more than 100,000 Vietnamese refugees who applied for Asylum midst of the Vietnam War.

Conclusion

When the modern International legal frame for the approach of Asylum is put under consideration in conjunction with the United States Refugee Act of the 1980, an individual is who fears to return back to their country because of the past persecution on the basis of their religion, race, ethnicity, political opinion and membership in a particular social group has the right to seek asylum. In the current times, things have changed to a great degree. People are denied the right to asylum on the basis of many factors. Nowadays, the issues that are faced in the granting of Asylum are one of the most crucial problems ever since the crisis that were faced around the time of the World War II (Giladi, 2015). Recent issues faced are making more people seek asylum but the acceptance rate has decreased to a great degree. The times are changing and so is the criteria on the basis of which the asylum seekers were accepted. Security issues have risen and due to the growth in the terrorism worldwide, countries have started to take the extra precaution when giving people the right to migrate into their countries. However, there are certain cases in which it was a given that the refugees are to be accepted but still there were issues seen. The Syrian war can be put under consideration, there were a lot of people who had a justified well-rounded fear of being massacred if they go back home, but still, not a lot of countries have taken in refugees as much as they should have. Never the less, asking for asylum is a right for everyone who lives up to the description of a refugee and should not be denied without a substantial reason (Giladi, 2015).

References

Herlihy, J., Gleeson, K., & Turner, S. (2010). What assumptions about human behaviour underlie asylum judgments?. International Journal of Refugee Law, 22(3), 351-366.

Benson, C. J. (2008). Crossing borders: A focus on treatment of transgender individuals in US asylum law and society. Whittier L. Rev., 30, 41.

Crisp, J. (2019). Refuge Lost: Asylum Law in an Interdependent World. By Daniel Ghezelbash.

Harvey, C. (2015). Time for reform? Refugees, asylum-seekers, and protection under International Human Rights Law. Refugee Survey Quarterly, 34(1), 43-60.

Gil-Bazo, M. T. (2015). Asylum as a general principle of international law. International Journal of Refugee Law, 27(1), 3-28.

Gorman, C. S. (2017). Redefining refugees: Interpretive control and the bordering work of legal categorization in US asylum law. Political Geography, 58, 36-45.

Heijer, M. D., Rijpma, J., & Spijkerboer, T. (2016). Coercion, prohibition, and great expectations: The continuing failure of the Common European Asylum System. Common Market Law Review, 53(3), 607-642.

Campbell, E. J., & Steel, E. J. (2015). Mental distress and human rights of asylum seekers. Journal of Public Mental Health, 14(2), 43-55.

Burridge, A., & Gill, N. (2017). Conveyor‐belt justice: Precarity, access to justice, and uneven geographies of legal aid in UK asylum appeals. Antipode, 49(1), 23-42.

Giametta, C. (2018). New asylum protection categories and elusive filtering devices: the case of ‘Queer asylum’in France and the UK. Journal of Ethnic and Migration Studies, 1-16.

Gorman, C. S. (2017). Redefining refugees: Interpretive control and the bordering work of legal categorization in US asylum law. Political Geography, 58, 36-45.

Gilbert, L. (2015). Gender-Based Asylum. LAW, & SOCIAL MOVEMENTS.

Tutić, A., & Liebe, U. (2018). Citizenship Status, Warm Glow, and Prosocial Behavior: A Quasi-Experiment on Giving Behavior by Host-Country Citizens and Asylum Seekers.

Heesch, M. (2016). Navigating the Doctrinal Tension in US Asylum Law. Minn. J. Int'l L., 25, 421.

Meyers, D. T. (2016). Victims of Trafficking, Reproductive Rights, and Asylum. The Oxford Handbook of Reproductive Ethics, 96.

Ray, S. B. (2016). Applying the US Constitution to Foreign Asylum Seekers: Exposing a Curious, Inconsistent Practice in the Federal Courts. Marq. L. Rev., 100, 137.

Giladi, R. (2015). A ‘Historical Commitment’? Identity and Ideology in Israel's Attitude to the Refugee Convention 1951–4. The International History Review, 37(4), 745-767.

AUSTRALIA: ABORTION AND HUMAN RIGHTS

AUSTRALIA: ABORTION AND HUMAN RIGHTS

BY

SHAVEEN HARAN PRABAKARAN

STUDENT NUMBER: 217394248

JUNE 2019

SUPERVISOR: PROF SANDEEP GOPALAN

DECLARATION

I declare that this Thesis is my own original work and that it has not been submitted for examination for the award of a degree at any other university.

DEDICATION

I dedicate this Thesis to my mother Renuka Prabakaran for single-handedly investing for my education.

ACKNOWLEDGMENT

My supervisor has been a tremendous source of guidance and inspiration through the entire progression of writing this thesis; I take this opportunity to appreciate her efforts sincerely. I would also like to appreciate the love and support I received from my wife Rushda during my study period at Deakin University; my brother Sharan for his friendship and encouragement.

Table of Contents

TOC \o "1-3" \h \z \u DEDICATION PAGEREF _Toc8387139 \h 4

ACKNOWLEDGMENT PAGEREF _Toc8387141 \h 5

CHAPTER ONE: INTRODUCTION PAGEREF _Toc8387142 \h 7

1.1 The significance of the Problem PAGEREF _Toc8387143 \h 7

1.2 Background PAGEREF _Toc8387144 \h 8

1.3 Analyse Theoretical Foundation for the Study PAGEREF _Toc8387145 \h 12

1.4 Synthesis of Relevant Literature PAGEREF _Toc8387146 \h 14

1.5 Problem Statement PAGEREF _Toc8387147 \h 14

1.6 Research Questions PAGEREF _Toc8387148 \h 15

CHAPTER TWO: LITERATURE REVIEW PAGEREF _Toc8387149 \h 16

2.1 Introduction PAGEREF _Toc8387150 \h 16

2.2 Consideration of Former Research Work PAGEREF _Toc8387151 \h 16

CHAPTER THREE: RIGHT TO EQUALITY PAGEREF _Toc8387152 \h 19

3.1 Introduction PAGEREF _Toc8387153 \h 19

3.2 NSW Crimes Act and other concerning laws PAGEREF _Toc8387154 \h 20

3.4 Financial obstacles and Abortion law PAGEREF _Toc8387155 \h 23

CHAPTER FOUR: RIGHT TO HEALTH PAGEREF _Toc8387156 \h 25

4.1 Introduction PAGEREF _Toc8387157 \h 25

4.2 Legislation about Abortion and Health PAGEREF _Toc8387158 \h 25

4.3 Abortion law and its necessity PAGEREF _Toc8387159 \h 27

4.4 Australian Laws: Barriers to Appropriate Healthcare PAGEREF _Toc8387160 \h 28

CHAPTER FIVE: RIGHT TO PRIVACY PAGEREF _Toc8387161 \h 31

5.1 Introduction PAGEREF _Toc8387162 \h 31

5.2 Universal Declaration of women's rights PAGEREF _Toc8387163 \h 32

CHAPTER SIX: RIGHT TO LIFE PAGEREF _Toc8387164 \h 33

CHAPTER 5: CONCLUSION AND RECOMMENDATIONS PAGEREF _Toc8387165 \h 35

Recommendations for Future Research Work PAGEREF _Toc8387166 \h 35

Limitation of The Study PAGEREF _Toc8387167 \h 36

References PAGEREF _Toc8387168 \h 37

CHAPTER ONE: INTRODUCTION

Abortion is one controversial issue in different parts of the world for many years. There are various crucial aspects linked with the controversy of abortion. Different countries still facing the challenge to determine abortion as a legal or unlawful practice. The debate on the issue of abortion can never completely understand until one deeply apprehends the concept of abortion and its practical implications in society. The legal perspective of the issue of abortion is linked to the phenomenon of human rights. There is a close connection exists between abortion and human rights because the activity of abortion eventually influences the life and health safety of women and newborn kids. It is a debatable concern to determine whether women have the right to give birth to a baby with their choice or not. In recent times, the world experiences abortion cases on a daily basis that eventually raised many concerns on legal, ethical, and human right grounds.

1.1 The significance of the Problem

It is important to assess why abortion is an issue and subject to criminal law in Australia. It is vital to examine the issue of abortion through the perspective of human rights. Legal consideration of abortion also assists in identifying the difference between the legal and unlawful practice of abortion in various parts of the country. A detailed explanation of the laws of abortion is important to assess the existing legal positioning of abortion in the country and what needs to do more for the future legal perspective. The issue of abortion is considered as the subject of criminal law is all the different states and territories of Australia except the area of Australian Capital Territory. It is crucial to mention that each state of the country has legal foundations to prohibit the practice of unlawful abortion. The laws of abortion adopted by the states of Queensland, Victoria, South Australia, Western Australia, Tasmania, and the Northern Territory clearly explained that when an abortion is not an unlawful activity. Laws exist in different states indicates proper statutory explanations about the practice of abortion on the grounds of legislation.

The ideology of children by choice exists on the argument that abortion is one primary concern that is relevant to the overall health and rights of women. It is crucial to discuss the phenomenon of abortion considering different social, legal, and human right aspects other than the approach of a criminal act.

1.2 Background

It is worthy to examine the historical background of the law of abortion to understand the overall perspective of this specific concern. In the time period of the 70s, the law concerning the issue of abortion was originated in Australia that eventually start the debate about the legal perspective of the issue of abortion in the context of human rights. It is worthy to identify that the states of Tasmania and Queensland never adopt the approach of law in the favour of abortion. It is observed that despite the perspective of legal foundations, the issue of choosing abortion in case of women still exist in the country. The pregnancy rate is same as recorded a few years back. Currently, it is established that one out of 4 women is pregnant in the country. On the other hand, there is the observation of change in case of abortion rate in recent years. Statistics of the country indicate that in 1921, the abortion rate was 28.5% that was decrease up to 21.6% in the year of 1971. It is also important to figure out the basic reasons for the abortion rates considering the time-period of the 70s. It is established by researchers that in previous years, the main cause of the prospect of abortion rate was the perspectives of self-abortion and attempt from the midwives. In recent years, the rate of abortion is witnessed as significantly decreasing due to the particular concerns of indisposition and mortality. These two major concerns eventually change the overall existing approach of abortion rate in the country. Health reasons become the major concern that makes it essential for different countries and parts of the country to adopt the paradigm of lawful abortion to ensure the safety of the lives of women. Undoubtedly, it is a major development when it comes to the adoption and attainment of legal foundations to consider abortion as a lawful activity. Practical consideration of the legal foundation for abortion makes it easy for women to ensure better forms of privacy and liberty in their lives.

The recent year of 2018 was also important when ACT considered the perspective of legalised abortion law. The main focus of this form of consideration is to give necessary legal rights to the women when it comes to aborting child considering the need for particular situations. When it comes to the application of this particular legal idea, it was important to assess the rightness of the legal decision made by the authorities. To meet this specific objective, the approach was adopted that ensure the abortion certification by the doctors only with the consideration of Australian law. At this point of discussion, it is important to discuss the approach of various Australian areas that still come up with the focus that abortion is a criminal activity that needs to be eliminated. Different reasons are provided to ensure the validity of this debate that abortion is a criminal activity. It is established that killing of the fetus in the womb is one unlawful activity that is characterised as the unnatural death of a human being who has complete right to live. It is established as the act of cruelty against the overall perspective of human rights. On the other hand, the justifications in the form of privacy and health concern dramatically change the overall perspective and debate of the abortion. The practical consideration of this specific issue reveals that there is the existence of many authorities who completely fail to ensure the provision of proper abortion services due to the issue of legal limitations exist in the country. Still, there are many places in the country where abortion is established as the illegal practice specifically when it comes to the domain of surgical process.

Case of Abortion and Protestors

It is vital to examine the debate of abortion in the context of protestors. This form of consideration helps to determine the role of protestors in the entire scenario of the legal case of abortion. From many years, the aspects of abortion case and the anti-choice protestors were under discussion. Different research studies were formulated in past years to evaluate the legal aspect of the issue of abortion and to evaluate its connection with the privacy and health perspectives of the women. Generally, it is established that the decision-making procedure should be supported by concerned authorities when it comes to the idea of abortion. Unfortunately, the issue of abortion turned as the political concern for the country that comes up with different and critical forms of consideration. The issue of abortion was politicised by different active shareholders to gain benefit from the entire situation. On the other hand, there ware also many research perspectives that discuss the issue of abortion as a medical concern that needs to be resolved as early as possible. Consideration of the historical domain of the entire issue indicates that the medical profession has the indemnity to shape the overall prospect of the abortion law according to the actual needs of the situation. The early perspective of the law of abortion in the country showed that the doctors were the entities who turned the issue of abortion as the medical concern. This form of approach ultimately helps to provide necessary foundations in the form of concerns of health and privacy rights of the women.

It is important to indicate the growing positioning of the protestors’ action that changes the legal perspective of the main idea of abortion law. Consideration of the domain of protestors is also crucial to discuss different dimensions of the issue of the law of abortion. History of the country reveals that there were strong protestor groups who entirely focus to entire discourage the idea of abortion and limit women’s approach to gain necessary benefits from the approach of the law of abortion. This particular aspect is better understood through the practical example of the state of Victoria that established the Fertility Control Clinic. This specific clinic was established by Dr. Bertram Wainer in 1972. The main aim of this form of development was to provide different facilities such as contraception, pap smears, termination of pregnancy to the women. This form of facilities was also provided in the area of Tasmania adopting the same objective. The historical perspective of the issue of abortion can never rank as complete without focusing on the paradigm of protestors. It is observed that women who visit private clinics to gain assistance n the form of abortion were badly harassed by different protestor groups actively functioned in different states of the country. These particular protestors developed the approach that women who adopt the options of abortions were actually murderers who adopt the perspective against the law of nature. This form of scenario was immensely disturbing that requires necessary attention. The issue of law of abortion divide country into two parts that requires the development of better legal and social foundations to address the concern of abortion. It is established as the need for focusing all the related aspects that play their roles within the entire scenario of abortion and its influence on the lives of women.

The issue of protestors greatly influences the routine functioning of women in many different forms. It is one major hurdle existed in case of the domain of the law of abortion. Women faced different forms of damage specifically in the forms of emotional, physical, and psychological damage. The actions adopted by protestor groups were detrimental and disturbing for mothers and young children. This form of consideration turned as the major social problem for the country that requires necessary and immediate attention. The issue of stress eventually makes it problematic for women to adopt the approaches of surgery and examinations. The issue of protestors acts was greatly immense that it threatened the operations of clinics. The issue of protestors changes the overall existing perspective of the law of abortion considering its social implications. There is evidence of many cases when actions of protests become the reason for the killing of women and children. It is crucial to mention that the phenomenon of protestors exist all around the world and enhance the paradigm of protest against the idea of abortion.

The issue of protestors can also observe in the form of specific concerns of the lack of liberty and freedom of speech. Assurance of women protection is critical aspect related to the overall paradigm of the role of protestors. When it comes to the consideration of the movement of protestors than it is observed that the features of the right to privacy and freedom of women are greatly affected. The increasing concern of the role of protestors makes it essential to focus the concern of abortion considering different relevant forms. It is observed that increasing trend of protestors also increases the focus of the legal authorities to figure out the possible solution considering the matter of abortion with the focus of health and privacy of the women. Practical implications of the idea of protectors negatively impact all the clinical activities adopted by doctors to provide necessary health services to women.

1.3 Analyse Theoretical Foundation for the Study

The theory of natural law can consider the theoretical foundation to discuss the issue of abortion. The theoretical perspective of natural law theory can be viewed as a guide to determine the moral aspects of the issue of abortion. This specific theory is established as the significant connection between the law and the approach of morality adopted by human beings. The factor of morality can determine as the standard to differentiate between the perspectives of right and wrong. The theorists belong to the approach of natural law theory believes that human legal prospects need to be considered through the feature of morality. This specific perspective minimises the influence of the legal authorities such as government when it comes to the development of the law through the consideration of moral aspects of humans. Natural law theocratists come up with the argument that human nature playing a guiding role to develop significant laws. The main idea of natural law is also closely associated with the perspective of ethics. When it comes to the consideration of the natural law theory that it is not ranked as subjective. The concepts of right and wrong are the same for everyone when it comes to the consideration of natural law theory.

The natural law theory is an effective theoretical source to figure out the concerns appeared in the form of an ethical dilemma. the basic concept involves sin the form of natural law theory is that every individual has the right to live their life. This particular argument can be used to figure out different ethical concerns and the law of abortion is one of them. The approach of the law of theory can utilise as the theoretical perspective to discuss the issue of abortion concerning the prospect of human rights. The idea of natural law theory comprised of the argument that basic goods need to consider when it comes to the development of laws. This specific argument is established on the foundation that it is inherently wrong to purposely harm and basic element of good. This theoretical framework guides to develop the main idea that the practice of abortion is inherently wrong as it is characterised as the attempt to harm someone's life. It is also important to mention that this theory also considers some forms of exceptions when the approach of abortion can rank as the permissible prospect of action. It can argue as the theoretical domain that if the procedure of abortion is considered to save the life of a mother than it is not intentional harm to the fetus and morally justifiable action.

1.4 Synthesis of Relevant Literature

It is established by former research studies that the issue of abortion has ultimately influenced the aspects of fundamental human rights in the form of right of privacy and living for women. It is also an issue of human rights because it is somehow related to the life safety and health protection of women. Undoubtedly, there is a need for some form of rules and regulation to determine abortion as lawful practice. It is essential to get properly informed with the legal position of different states of the country to better evaluate the issue of laws of abortion on the foundation of human rights.

When it comes to settling legal paradigms for abortion than it is essential for the governments to consider the basic human rights of women that allows them to protect their bodies and life from any complications. The particular concept of “fair-go” is recognised as the mandatory part of the ethical and legal facets of Australia that closely linked with the aspects of equality and non-discrimination. It is essential to assess the idea of human rights laws referring to the idea of option abortion in case of specific circumstances.

1.5 Problem Statement

Clear identification of the basic issue of concern is important to get the roadmap for future direction. The main focus of this research study is to critically examine the prevailing laws of abortion in the country in the particular context of human rights. Various interlinked aspects will be considered and comprehensively examine to attain better knowledge about the entire scenario of a lawful abortion.

1.6 Research Questions

How the laws of abortion in Australia ensure a better form of decriminalisation of abortion?

How the concept of laws of abortion through the perspective of human rights?

How much legal paradigms of the country are effective to ensure a desirable form of abortion in the context of basic human rights?

CHAPTER TWO: LITERATURE REVIEW

2.1 Introduction

A different source of information such as scholarly articles, research reports, dissertations, and legal cases will be considered in the form of detailed literature review. The proper information will be achieved through these sources to make better inferences about the main research questions crafted for this study. Initially, it is essential to get some historical background about the issue of abortion. This form of understanding ultimately assists to get a better understanding of the phenomenon of laws of abortion and its relation with the approach of human rights. Detailed consideration of the previous research work on the issue of abortion helps to identify the entire legal perspective prevailed in the country. This form of consideration also helps to assess the fact that how the legal domain of abortion was initiated in the country by recognizing the historical background of the issue.

2.2 Consideration of Former Research Work

Critical consideration of the previous research work on the issue reveals that the favourable domain for the issue of abortion was started many years ago with the consideration of the basic human rights of women. The growing concern of health safety and protection leads to the phenomenon of development of particular law in the favour of abortion in the country. Detailed exploration of the entire country history on the issue of abortion shows that the first ever law that went in favour with abortion was initiated back in the 70s in the Australian states except for Tasmania and Queensland. It is critical to indicate that even in some places, the laws did not prevent women from choosing abortion in Australia. The pregnancy rate had been similar to it had been in the 1920s. Back then one out of 3 women used to be pregnant. However, at present, the statistics state that one out of 4 women is pregnant around Australia. However, the changes in abortion rate had been seen in the past decades. The abortion rate in 1921 had been 28.5% that was reduced to 21.6% in 1971. By 1981, the ratings of abortion reached almost 0%. Before the 70s, most of the abortion rates had been mostly because of self-abortion and from the midwives. However, the rate of abortion significantly declined related to morbidity and mortality. Due to increasing health reasons, some cities and parts of Australia made abortion lawful that saved the lives of many women. It gave them a means of privacy and freedom to live according to their desires.

Furthermore, in 2018, ACT had enacted the legalised abortion law that enabled the women to abort child under specific circumstances. To ensure that the authorities can make the right decision, the lawmakers decided that the abortion certified by the doctors would only be accepted under the Australian law. However, other Australian territories continue to establish the fact that abortion is a more criminal factor in reality. It was stated that unlawful procedure to kill the fetus in the womb would cause unnatural death to a supposed child. It could have been a factor of cruelty against the living entity. However, the privacy and factors related to health have changed the whole perception of abortion. Many authorities fail to provide appropriate abortion services because of lawful restrictions in Australia while women just desired it for health factors. In many places, the scholars show evidence of abortion being still illegal during the surgical procedure in Australia. Many factors are related to the women’s right at this moment such as privacy and health.

The approach of the natural law of theory is utilised by previous researchers to make better inferences about the main concern of abortion and its relevance with perspectives of law and human rights. The theoretical perspective of natural law theory comprised of the principles that come up with the consideration of a double effect. The basic theoretical domain undertakes the basic approach concerning the idea that it is not permitted for anyone to kill an innocent human being without considering specific circumstances and conditions. The main idea of natural law theory reflects the perspective of two different ethical considerations.

CHAPTER THREE: RIGHT TO EQUALITY

3.1 Introduction

It is worthy to understand that research work is one systematic procedure that needs to be conducted on some reliable method. When it comes to a deep exploration of the legal perspective of abortion in Australia with the consideration of human rights than it is mandatory to thoroughly overview existing literature and relevant laws of the country. Attainment of proper knowledge about the legal domains of different territories and states helps to differentiate the prevailing difference. This form of exploration is also assistive to determine that how laws of abortion adopted by the country helps to support elective abortion considering the approach of basic human rights for women.

The specific research method of detailed scrutiny of former research work on this issue will be applied to get the desired form of information. Consideration of previous theoretical and empirical aspects helps to figure out the ongoing and popular trend in the country referring to the issue of abortion in the context of human rights. A critical review of previous research work on the issue also helps to identify the relevant laws and different jurisdiction aspects of abortion prevails in the country. The focus of the consideration of a specific method of research is to examine different relevant aspects related to the main issue of the law of abortion. This particular idea also helps to determine various domains of the concern of the right of equality specifically for the women.

According to the Crimes Act 1900, the “unlawful” abortion is prohibited under the official laws of the government. However, the word “unlawful” was not clearly defined by the government after stating the factors. However, when the legal reform was absent, abortion laws are mostly expressed through technological and social changes. At some places, even though the government has enabled the availability termination process, women are still unable to get appropriate access to abortion.

3.2 NSW Crimes Act and other concerning laws

The NSW Crimes Act 1900 states that if women are subjected to the procurement of miscarriage on her own, the government is entitled to give her imprisonment of 10 years as a maximum penalty. However, such strict regulations would only create problems for women in general.

Recently, many states of Australia have decided to decriminalise the concept of abortion including certain restrictions over it. Many people start arguing that the reproductive autonomy of the women is certainly linked with their right to equality and enjoyment of life. Furthermore, according to the scholars, the right to equality for women would only fructify if they can take decisions over their reproductive system. It would determine their dignity and ability to decide without being afraid of others. Equality factor is not compared with the continuing pregnancy or forced abortion. Rather, equality requires women to rethink about the unintended pregnancy that affects the women's perspective toward life. Right to equality entails that women are well aware of the disadvantages and consequences of termination of pregnancy or continuation.

Equality concerns can greatly observe in case of different countries. The issue of the right of equality also greatly exists specifically in the case of Australia. It is established that more than half of the entire population of Australian women struggling when it comes to making a free decision about the approach of abortion. There are different areas of the country where canceling the decision of abortion is greatly forceful for women due to many various reasons. The approach of protests and financial instabilities are the major causes that hinder the overall prospect of the right to equality. The approach of protestors is a major aspect that is linked with the theoretical idea of the right of equality for women. It is significant to establish that how different forms of the right of equality are limited in case of women specifically due to the growing difficulty of protestants. Another significant reason that is linked with the overall form of right of equality for the women is that every state of the country adopted change perspective of the laws when it comes to giving rights to the women about the approach of abortion.

The concern of right to equality also linked with the exploration of different attitudes that are connected with the aspects of abortion and the related form of legislation. The issue of abortion and its legal foundations also need to be debated in the form of consideration of cities and the rural areas of the country. Keen observation of the practical position indicates that women faced different forms of restrictions concerning the main idea of abortion. It is established that women are restricted from the different forms of abortion services due to the improper behaviour of staff members and other entities observed in the form of non-physicians. The issue of abortion in case of rural set-up has distinct complications as well. It is established that most of the time, nurses working in rural areas reject to adopt the option of abortion. The unwillingness of the nurses within the entire perspective hinders the domain of rights of equality for the women.

Furthermore, more than half of women lack proper clinical support and physician guidance. The ACT had enacted the legalised abortion law that enabled the women to abort child under specific circumstances. To ensure that the authorities can make the right decision, the lawmakers decided that the abortion certified by the doctors would only be accepted under the Australian law. However, other Australian territories continue to establish the fact that abortion is a more criminal factor in reality. It could have been a factor of cruelty against the living entity. However, the privacy and factors related to health have changed the whole perception of abortion. Many authorities fail to provide appropriate abortion services because of lawful restrictions in Australia while women just desired it for health factors. In many places, the scholars show evidence of abortion being still illegal during the surgical procedure in Australia. Many factors are related to the women's right at this moment such as privacy and health.

Northern Territory allows abortion only up to 23 weeks for women in pregnancy. Within 14 weeks of pregnancy, women require the approval of only one doctor. However, they require more than two in case of having pregnancy above 14 weeks. Abortion is not allowed for women after 23 weeks except the special cases stated under the Pregnancy Law Reform Act. Only if the lives of women are endangered, they can apply for abortion after having permission and approval from the doctors.

3.4 Financial obstacles and Abortion law

Australia has a population of about 23 million people out of which, only 65,000 women can have the abortion. In other words, the Australian country faces abortion rate of 19 out of 1000. The saddest instance is that the number of this is having constant declination. Furthermore, the 1970 Australian government and public saw a significant change in the implementation of abortion. Abortion hygiene and safety was introduced in Australian hospitals. It was done using the universal health care insurance provider that usually covered the clinical cost. However, such costs fail to meet the demands of elective abortions. Therefore, the private clinics take extra charge for abortion services. They often charge above the universal insurance rate. Therefore, the abortion services provided by both the private and public sectors have differences. Therefore, even though the legislation has provided the stage for women to enable the law of abortion and make use of it, the financial problems became hindrances. The law, therefore, should be altered such that the women can be financially benefited as well.

Such aspects violate the right to equality and force women to choose the other option instead. Furthermore, the price of medical drugs such as misoprostol and mifepristone is more than $38. However, the fees charged by the doctors in the private sector range up to $250 in many small states of Australia. The cost has imposed as a high barrier to abortion to the women in general.

CHAPTER FOUR: RIGHT TO HEALTH

4.1 Introduction

Women generally complain that they are forced to face all kinds of abuse, violence, and control from the side of men. The factor of control does not just show the ability to show power over women's body, but also the aspect of lost confidence and individuality.

Several myths are associated with health issues that enable women to face problems in abortion. Such myths are often associated with health issues that can occur after delayed abortion. However, it is observed that majority of the abortions are being carried out within the first ten weeks of pregnancy. The modern technology has made the procedure quite simple and safe for women. However, it is observed that the hospitalised environment gives constant obstruction and delays to women that seek an abortion in the early stages of pregnancy. This is why legislation and information on health concerning abortion is necessary at the present date.

4.2 Legislation about Abortion and Health

Legislation related to health domains is one major aspect of consideration. Governments of different countries established their perspective of health rights specifically considering the reproduction of sexual health as major aspect. Establishment of the elements of sexual health and reproduction ultimately increased the right to health concerning to the overall form of health for women. There is consideration of other similar legal foundations that focus the idea of the right to health in the overall form of reproductive decision. Safe abortion is characterised as an important part concerning the idea of legal paradigms. A safe form of abortion makes it easy for the women to gain the desired form of health standards that are eventually linked with the overall form of right to health for women. It is critical to establish that the alone government step of removal of decriminalisation label never has the authority to improve the overall situation. The role of entire healthcare services is integral to remove the restrictions that exist in the form of women and their access to the approach of abortion. This form of consideration can be helpful for the women of the country to attain better forms of health through the proper provision of the law of abortion.

Statistics show that there are almost 30% of women in the country who lived in regional areas and never have the opportunity to gain proper forms of healthcare services. This form of consideration further helps to establish that abortion clinics are also limited in the rural areas that eventually makes it difficult for women to attain the facility of abortion services according to their needs. Harassment and moral opposition are other major factors that limit the desired domain of right to health in case of women. Another major concern relevant to this form of consideration is that there is unavailability of special training concerning the objective of healthcare facilities for women of the country. Geographical distance, financial cost, and stigma are other major aspects that involve the entire scenario of healthcare facilities for women.

4.3 Abortion law and its necessity

One of the features of the Mifepristone is that pills successfully blocks the Progesterone hormone that enables pregnancy in women. These pills are mostly available to the professionals in the clinics that give the surgical option to the women. It is also available with general practitioners. The availability of the pills continues to improve along with the increment in knowledge about the abortion treatment. As the professionals continue to study and execute the abortion treatment, including the general practitioners, the availability of pills also enhances. However, the availability of pills and other medication factors does not reduce the hindrances women face while taking an abortion. However, variations can be found in the legislation among countries that allow the utilisation of pills over the operation. Even though medically, the pills have enabled the women to get the benefit of quick and painless abortion, the legislation of some places, such as Queensland, has failed to allow it in totality.

4.4 Australian Laws: Barriers to Appropriate Healthcare

The Australian laws put great emphasis on legal and safe abortion services. However, the barriers occur usually for many reasons. The doctors usually refer women or patients to another professional when it comes to abortion services. However, in many states such as Northern Territory, Victoria, and Tasmania, different objects are considered as the tools of abortion other than the cases of emergency. However, the legal authority states that even if the women are permitted abortion, the doctors should provide appropriate knowledge about the termination process. It includes where she should go and which process, she is accustomed to following. It enables women to make appropriate decisions based on legit knowledge. However, it is observed that such provisions of knowledge remain a controversial topic. The Healthcare services of South and Northern territory of Australia provide elective abortion to the public. However, it fails to cover even half of the Australian women. Many times, the abortions are performed by the private clinic to gain more profit from the patients in need. The private sector in Australia charges more than $800 and $4400 in some cases. It shows that women in Australia, even after having the ultimate freedom for healthcare services and abortion, they still face trouble because of finance. Even the insurance fails to cover the gap between the public and private fees of the abortion. Such aspects violate the right to equality and forces women to choose the other option instead. However, the fees charged by the doctors in the private sector range up to $250 in many small states of Australia. The cost has imposed as a high barrier to abortion to the women in general.

The abortion services access is generally influenced by many factors such as proximity, appointment, and gestational limitations. However, many women were observed to be bereft from such facilities in Australia. It is observed that woman faces the problems of appointment that further acts as a barrier to proper abortion services. About 30% of the Australians reported that they failed to have a proper appointment. However, the appointment is wasted because of many reasons such as regular violence because of Protestants, society, and other health conditions.

Furthermore, variations in abortion attitude among the non-professionals are common. In rural areas of Australia, about 35% of physicians were observed to have a negative attitude toward abortion. It is mostly because of rising community opposition and religious beliefs. Even though many physicians support abortion procedure in Australian cities, many professionals failed to do so in rural areas. It is observed that these rural physicians failed to consider the women's right to life, and the right to health by giving abortion services in extreme circumstances. Scholars state that women should be given the right to choose abortion without being questioned or any restriction.

CHAPTER FIVE: RIGHT TO PRIVACY

5.1 Introduction

Historically, the control over women's body has been under the hands of men, state, and church. Subconsciously, such power is still exercised by men, in general, today within many states of Australia. Simple language and actions entail women to act in a certain way. However, to bring about change in the thinking ability of men around Australia, it is mandatory to challenge their behaviour. The society also needs to recognise the sudden need for exercising such aspects. Some men have a deeper subconscious idea that women are mostly destructive and seductive that leads one toward ultimate distraction. Such a complex belief system might lead the men to exercise their power against the women in general. Many men believe that women may end up damaging the society if their deeds are not controlled. Thus, the legislative system leads the women to lose their privacy, and even lives in an extremely rare case of bad health. This also results in being under the control of the government even though their sexual matter should remain private. It certainly happens even at the risk of starvation, death, and poverty. There are different factors that influence the right to privacy for women. It is observed that government authorities and male counterparts are not able to have complete trust in women when it comes to the decisions about sexuality. It is important to establish that reproduction and sexuality is something immensely private for every woman. It is the basic right of every woman to gain some form of privacy when it comes to important decisions of her life. It is established by different research studies that government institutes are failed to provide the necessary opportunity for the women to make decisions about their private matters.

5.2 Universal Declaration of women's rights

The basic thinking under this aspect is the desire to have control over the fertility of women. Under the Universal Declaration of women's rights, many Australian women fail the right to have a termination of an unwilling pregnancy. There is a number of rules states in the articles that talk about the perspective of women’s approach of privacy. Under the Universal Declaration of women's rights, many Australian women fail the right to have a termination of an unwilling pregnancy. The government failed to provide them with freedom and liberty to take an important decision. In such a state of failure, the women suffer from a lack of employment and privacy that makes the situation worst. Even if women do not desire to have constant motherhood due to many reasons, health or mental, she is being forced by society today for it.

CHAPTER SIX: RIGHT TO LIFE

In the present context, the right to life coincides with the survival from pregnancy, motherhood, and childbirth. This paper, however, does not focus on the right to life of the fetus because of many reasons. First, the text itself is not against the nature of abortion; rather, it urges the process as a medical treatment necessary for the survival of the women. Secondly, the right to life, as the protestants fail to perceive, also relates to all human beings, including women who carry the fetus. For many reasons, women may be seeking survival amid the pregnancy that forces them to take the harsh decision of life: abortion. They have been facing the anxiety and frustration of making that decision already. The other factors such as protestants around the clinic only raise their level of frustration, as mentioned in the previous section.

The maternity records in Australia have been available for over five years. On average, every year, 21 woman dies because of childbirth and pregnancy every year. Furthermore, it was recorded that about 105 maternity deaths were there between the years 2008 and 2012. It was a result of a complicated pregnancy. More 16 deaths had been because of the mental and psychological reasons. The statistics show that woman face many problems in social life because of both the health and mental issues. Sometimes, such issues are raised by the fault of society and Protestants. Already suicidal women become more anxious because of them that may take their lives away. And it was proved to be true when 16 deaths were recorded between the years 2008 and 2012. One of the scholars mentioned that partner violence has also been the primary reason for abortion and health issues. The rate of an unwanted pregnancy can be reduced by the simple technique of prevention. Furthermore, a significant reduction in the violence by the partner can also aid in this. Such reports show the importance of psychological screening along with postnatal and antenatal care.

The recording of deaths in the first few weeks, specifically the primary 14 ones, are not recorded well in Australia. However, from the available data of maternity homes, it is clear that about 15 deaths are caused due to many reasons, health and psychology included, in the first few weeks of pregnancy. These deaths were possibly due to thromboembolism, cardiac events, and ectopic pregnancies other than the mentioned ones. The shocking truth behind these statistics is that the woman did not die because of the elective abortion.

CHAPTER 5: CONCLUSION AND RECOMMENDATIONS

To conclude the detailed discussion about the legal perspective of the issue of abortion in Australia in the context of human rights, it is essential to mention that the overall idea of abortion is comprised on a combination of different aspects of consideration. It is one complex approach to take decisions about the legal prospect of abortion considering the facet of the basic human rights of women. The main idea of human rights for women comprised of their rights of health, safety, privacy, etc. Clear consideration of different human rights reflects as the necessary lens to figure out the proper position of legal grounds of the practice of abortion in the country.

The right for abortion has several obstacles in between such as human rights and the right to live. Such aspects might be turning abortion into a criminal act, and many cities have been involved in making it a law in Australia. The right to life is violated because of unsafe abortion and similar aspects that enables the law authorities to put forth multiple restrictions on it. However, the right to privacy and women's right to take free decision should also be considered at this point. Abortion comes under the right to privacy for many women. If it is health and life concern for women than there should be a legal option of abortion. Consent is a mandatory aspect when it comes to the practice of abortion as it involves basic human rights of women about their life and health safety.

Recommendations for Future Research Work

This research work can be helpful for future research work on the issue of abortion. It can be established as the recommended framework to understand better about the practical implications of the laws of abortion considering the approach of human rights. The phenomenon of decriminalisation of abortion can effectively perceive by considering the laws of abortions implemented in the country. It is worthy to mention that the horizon of the research work on abortion can further expand by expanding the options of relevant factors. It is recommended for the future research work is to entirely focus on comparing legal perspectives of different states to highlight the issue of abortion and how it is influenced by laws established by local governments.

Limitation of The Study

It is important to figure out that every research work has some form of limitations. It is impossible for the researcher to cover all the aspects of the issue. This particular research study on the issue of laws of abortion in Australia in the context of basic human rights of women also have some form of limitations. The major limitation involves in case of this research work is that it only considered the perspective of human rights to determine the effectiveness of legal domains of abortion. The research work on the issue of abortion can further expand by considering other relevant aspects and deep consideration of different theoretical approach other than the natural theory of law. The research method of reviewing previous research work on the issue also highlights some form of limitation of this research work. Researchers have many different options when it comes to the selection of the research method and research design for the study. It is important to consider that the prevalence of any form of limitation at any stage of research work eventually influence the outcomes.

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Aghakhani, Nader et al, ‘Women’s Attitudes to Safe-Induced Abortion in Iran: Findings from a Pilot Survey’ (2018) 74(1) Journal of advanced nursing 61

Aiken, Abigail RA et al, ‘Barriers to Accessing Abortion Services and Perspectives on Using Mifepristone and Misoprostol at Home in Great Britain’ (2018) 97(2) Contraception 177

Aroney, Nicholas and Benjamin Saunders, ‘Freedom of Religion in Australia’ [2019] Nicholas Aroney & Ben Saunders,’Freedom of Religion in Australia’, in Matthew Groves, Daniel Meagher and Janina Boughey (eds), The Legal Protection of Rights in Australia (Hart Publishing, Forthcoming)

Baird, Barbara, ‘Medical Abortion in Australia: A Short History’ (2015) 23(46) Reproductive health matters 169

Baird, Barbara and Suzanne Belton, ‘Feminism on the Frontier: The History of Abortion Law Reform in 1973 in the Northern Territory, Australia’ (2019) 28(1) Women’s History Review 139

Baird, Barbara and Suzanne Belton, ‘Feminism on the Frontier: The History of Abortion Law Reform in 1973 in the Northern Territory, Australia.’ (2019) 28(1) Women’s History Review 139

Beattie, Jennifer, ‘“ Gatekeepers” of Abortion in Australia: Abortion Law and the Protection of Doctors’

Beaumont, Marilyn, ‘Abortion Law Needs Change.’ (2008) 16(1) Australian Nursing Journal 20

Belton, Suzanne, Felicity Gerry QC and Virginia Stulz, ‘A Reproductive Rights Framework Supporting Law Reform on Termination of Pregnancy in the Northern Territory of Australia’ (2019) 6(2) Griffith Journal of Law & Human Dignity

Benson, Iain T, ‘Religious Liberty in Australia: Some Suggestions and Proposals for Reframing Traditional Categorisations’ (2018) 139 Zadok Perspectives

Boland, Reed and Laura Katzive, ‘Developments in Laws on Induced Abortion: 1998-2007’ [2008] International family planning perspectives 110

Brennan, Frank, ‘The Right Not to Kill.’ (2008) 18(18) Eureka Street 26

Bryant, Heather E, Nicola Visser and Edgar J Love, ‘Records, Recall Loss, and Recall Bias in Pregnancy: A Comparison of Interview and Medical Records Data of Pregnant and Postnatal Women.’ (1989) 79(1) American journal of public health 78

Chan, Hui Yun, ‘Ian Freckelton and Kerry Petersen (Eds), Tensions & Traumas in Health Law’ [2018] Medical Law Review

Clark, Wesley et al, ‘Alternatives to a Routine Follow-up Visit for Early Medical Abortion’ (2010) 115(2) Obstetrics & Gynecology 264

Cleary-Goldman, Jane et al, ‘Impact of Maternal Age on Obstetric Outcome’ (2005) 105(5) Obstetrics & Gynecology 983

Cook, Rebecca J and Bernard M Dickens, ‘Human Rights Dynamics of Abortion Law Reform’ (2003) 25 Hum. Rts. Q. 1

Cordner, Stephen and Kathy Ettershank, ‘Australian Abortion Test-Case Ruling Awaited.’ (1996) 348(9030) Lancet 817

Costa, Caroline et al, ‘Abortion Law across Australia - A Review of Nine Jurisdictions.’ (2015) 55(2) Australian & New Zealand Journal of Obstetrics & Gynaecology 105

de Costa, Caroline et al, ‘Abortion Law across Australia–a Review of Nine Jurisdictions’ (2015) 55(2) Australian and New Zealand Journal of Obstetrics and Gynaecology 105

de Costa, Caroline M, Darren B Russell and Michael Carrette, ‘Abortion in Australia: Still to Emerge from the 19th Century.’ (2010) 375(9717) Lancet 804

Cowen, Shimon, ‘Life: Whose Is It?’ (2014) 10(5774–75) Journal of Judaism & Civilization 92

Coyaji, KURUS, ‘Early Medical Abortion in India: Three Studies and Their Implications for Abortion Services.’ (2000) 55(3 Suppl) Journal of the American Medical Women’s Association (1972) 191

Coyne, Benedict, ‘# Rightsplaining: Political Spinertia or a Historic Future for Human Rights in Australia?’ (2018) 5(2) Griffith Journal of Law & Human Dignity

Cragun, Randy, ‘Age of Majority and Use of The Pill in Australia’ (Working Paper, 2018)

Cragun, Randy and Ishita Chatterjee, ‘The Power of Contraception in Australia’ (Working Paper, 2018)

de Crespigny, Lachlan J and Julian Savulescu, ‘Abortion: Time to Clarify Australia’s Confusing Laws’ (2004) 181(4) Medical Journal of Australia 201

Daniels, Brett, ‘Psychological Effects of Abortion’ (2018) 20(2) Women’s Health

Davenport, Cheryl, ‘Achieving Abortion Law Reform in Western Australia.’ (1998) 13(28) Australian Feminist Studies 299

Davis, Martha F and Risa Kaufman, ‘Truth Is Truth: US Abortion Law in the Global Context’ [2018] American Constitution Society Issue Brief, August

Duxbury, Alison and Christopher Ward, ‘International Law Implications of Australian Abortion Law’ (2000) 23 UNSWLJ 1

Elder, Glen H, Monica Kirkpatrick Johnson and Robert Crosnoe, ‘The Emergence and Development of Life Course Theory’ in Handbook of the life course (Springer, 2003) 3

Emanuel, Kamala and Alex Bainbridge, ‘Big Win as Abortion Decriminalised in Qld’ [2018] (1200) Green Left Weekly 11

Emanuel, Kamala, ‘Abortion Access and Free Speech Revisited’ [2018] (1187) Green Left Weekly 13

Emanuel, Kamala, ‘Safe Access Zones, Free Speech and Abortion Rights’ [2018] (1183) Green Left Weekly 5

English, Veronica, Gillian Romano-Critchley and Ann Sommerville, ‘Ethics Briefings.’ (2000) 26(4) Journal of Medical Ethics 287

Ferdinands, Patrick, ‘How the Criminal Law in Australia Has Failed to Promote the Right to Life for Unborn Children: A Need of Uniform Criminal Laws on Abortion across Australia’ (2012) 17 Deakin L. Rev. 43

Galloway, Kate and Jemima McGrath, ‘Reproductive Justice: A Framework for Abortion Law Reform’ (2018) 43(4) Alternative Law Journal 295

down Girlie, Sit, ‘Girlie Scrutinises Discrimination, Rape, Abortion and Divorce’ (2018) 43(3) Alternative Law Journal 230

Grimes, David A et al, ‘Unsafe Abortion: The Preventable Pandemic’ (2006) 368(9550) The lancet 1908

Grossman, Daniel et al, ‘Effectiveness and Acceptability of Medical Abortion Provided through Telemedicine’ (2011) 118(2) Obstetrics & Gynecology 296

Gynecologists, American College of Obstetricians and, ‘Practice Bulletin No. 143: Medical Management of First-Trimester Abortion.’ (2014) 123(3) Obstetrics and gynecology 676

Hamilton, Madeleine, ‘Shocking Scenes from a Teen Pregnancy.’ (2011) 21(24) Eureka Street 31

Hegde, Shalika, Elizabeth Hoban and Annemarie Nevill, ‘Unsafe Abortion as a Birth Control Method: Maternal Mortality Risks among Unmarried Cambodian Migrant Women on the Thai-Cambodia Border’ (2012) 24(6) Asia Pacific Journal of Public Health 989

Hobbs, Melissa K et al, ‘Pharmacy Access to the Emergency Contraceptive Pill: A National Survey of a Random Sample of Australian Women’ (2011) 83(2) Contraception 151

Hyland, Paul, Elizabeth G Raymond and Erica Chong, ‘A Direct-to-Patient Telemedicine Abortion Service in Australia: Retrospective Analysis of the First 18 Months’ (2018) 58(3) Australian and New Zealand Journal of Obstetrics and Gynaecology 335

Irving, Diane N, ‘Abortion: Correct Application of Natural Law Theory’ (2000) 67(1) The Linacre Quarterly 45

Johnson, Brooke Ronald, Antonella Francheska Lavelanet and Stephanie Schlitt, ‘Global Abortion Policies Database: A New Approach to Strengthening Knowledge on Laws, Policies, and Human Rights Standards’ (2018) 18(1) BMC international health and human rights 35

Jones, Roger, Ian McAllister and David Gow, ‘Australian Election Study, 1996’

Kennedy, Elizabeth, ‘Abortion: Legal or Not in Australia?’ (2006) 18(4) Legaldate 4

Keogh, Louise Anne et al, ‘Conscientious Objection to Abortion, the Law and Its Implementation in Victoria, Australia: Perspectives of Abortion Service Providers’ (2019) 20(1) BMC medical ethics 11

Kippen, Rebecca, Edith Gray and Ann Evans, ‘High and Growing Disapproval of Sex-Selection Technology in Australia’ (2018) 15(1) Reproductive health 134

Kirkby, Margaret, ‘Western Australia’s New Abortion Laws: Restrictive and Reinforcing the Power of the Medical Profession and the State Over Women’s Bodies and Lives.’ (1998) 13(28) Australian Feminist Studies 305

Lanham, David et al, Criminal Laws in Australia (Federation Press, 2006)

Latt, Su Mon, Allison Milner and Anne Kavanagh, ‘Abortion Laws Reform May Reduce Maternal Mortality: An Ecological Study in 162 Countries’ (2019) 19(1) BMC women’s health 1

LAURIE, GRAEME HARMON, Shawn Harmon and Edward Dove, Mason and McCall Smith’s Law and Medical Ethics (Oxford University Press, 2019)

Li, Angel, From Ireland to Northern Ireland: Campaigns for Abortion Law (Elsevier, 2018)

Loff, Bebe and Stephen Cordner, ‘Western Australia Passes Liberal Abortion Law.’ (1998) 351(9117) Lancet 1714

Macduff, Anne, ‘Abortion Law in Australia’ (2017) 29(4) Legaldate 7

Macduff, Anne, ‘ABORTION LAW IN AUSTRALIA.’ (2017) 29(4) Legaldate 7

Mayall, Katherine and Johanna B Fine, ‘Abortion Worldwide: 20 Years of Reform’

McGee, Andrew, Melanie Jansen and Sally Sheldon, ‘Abortion Law Reform: Why Ethical Intractability and Maternal Morbidity Are Grounds for Decriminalisation’ (2018) 58(5) Australian and New Zealand Journal of Obstetrics and Gynaecology 594

Mendelson, Danuta, ‘Decriminalisation of Abortion Performed by Qualified Health Practitioners Under the Abortion Law Reform Act 2008 (Vic)’

de Moel-Mandel, Caroline and Julia M Shelley, ‘The Legal and Non-Legal Barriers to Abortion Access in Australia: A Review of the Evidence’ (2017) 22(2) The European Journal of Contraception & Reproductive Health Care 114

Morgan, Jenny, ‘Abortion Law Reform: The Importance of Democratic Change’ (2012) 35 UNSWLJ 142

Morris, Shireen and Adrienne Stone, ‘Abortion Protests and the Limits of Freedom of Political Communication: Clubb v Edwards; Preston v Avery’ (2018) 40 Sydney L. Rev. 395

Müller, Wolfgang, The Criminalization of Abortion in the West: Its Origins in Medieval Law (Cornell University Press, 2012)

Naughton, Courtney, ‘NZ’s Abortion Law: Time for Change’ (2018) 20(2) Women’s Health

Ngoc, Nguyen Thi Nhu et al, ‘Medical Treatment of Missed Abortion Using Misoprostol’ (2004) 87(2) International Journal of Gynecology & Obstetrics 138

Ngoc, Nguyen Thi Nhu et al, ‘Comparing Two Early Medical Abortion Regimens: Mifepristone+ Misoprostol vs. Misoprostol Alone’ (2011) 83(5) Contraception 410

O’Neill, Nicholas KF et al, Retreat from Injustice: Human Rights Law in Australia (Federation Press, 2004)

O’Rourke, Anne, ‘The Discourse of Abortion Law Debate in Australia: Caring Mother or Mother of Convenience.’ (2016) 56 Women’s Studies International Forum 37

Paterick, Timothy J et al, ‘Medical Informed Consent: General Considerations for Physicians’ in Mayo Clinic Proceedings (Elsevier, 2008) 313

Patrick, Jeremy, ‘Submission to the Queensland Law Reform Commission on’Review of Termination of Pregnancy Laws’’

Petersen, Kerry, ‘Abortion in Australia: A Legal Misconception’ (2005) 29(2) Australian Health Review 142

Petersen, Kerry A, ‘Early Medical Abortion: Legal and Medical Developments in Australia’ (2010) 193(1) Medical Journal of Australia 26

Phillips, Tegan et al, ‘Knowledge of Abortion Law and Provision of Abortion Services amongst Tertiary Students in Far North Queensland.’ (2012) 52(3) Australian & New Zealand Journal of Obstetrics & Gynaecology 299

Pratt, Angela, Amanda Biggs and Luke Buckmaster, How Many Abortions Are There in Australia?: A Discussion of Abortion Statistics, Their Limitations, and Options for Improved Statistical Collection (Department of Parliamentary Services, Parliamentary Library, 2005)

Prenesti, Sam, ‘EDUCATION ON ABORTION URGED.’ (1995) 2(8) Australian Nursing Journal 12

Pringle, Helen, ‘ABORTION IN AUSTRALIAN ELECTIONS.’ (2012) 27(74) Australian Feminist Studies 389

Puri, Mahesh et al, ‘“Sometimes They Used to Whisper in Our Ears”: Health Care Workers’ Perceptions of the Effects of Abortion Legalization in Nepal’ (2012) 12(1) BMC Public Health 297

Quinlan, Michael, ‘Law and Religion in Western Australia: Cooperation or Conflict?’ (2018) 39 Journal of the Australian Catholic Historical Society 73

Quinlan, Michael, ‘Tradition, Christianity and the Law in Contemporary Australia’ [2018] (3022) News Weekly 14

Rankin, Mark J, ‘Contemporary Australian Abortion Law: The Description of a Crime and the Negation of a Woman’s Right to Abortion’ (2001) 27 Monash UL Rev. 229

Rankin, Mark J, ‘Abortion Law in New South Wales: The Problem with Necessity’ (2018) 44 Monash UL Rev. 32

Reardon, David C et al, ‘Psychiatric Admissions of Low-Income Women Following Abortion and Childbirth’ (2003) 168(10) Cmaj 1253

Rothwell, Donald R et al, International Law: Cases and Materials with Australian Perspectives (Cambridge University Press, 2010)

Saletan, William, Bearing Right: How Conservatives Won the Abortion War (Univ of California Press, 2004)

Singh, Susheela et al, ‘Abortion Worldwide 2017: Uneven Progress and Unequal AccessAbortion Worldwide 2017: Uneven Progress and Unequal Access’

Skeffington, Robert, Andrew Heatcote and Craig Roberts, ‘Abortion Debate Flares.’ (2004) 26(45) BRW 80

Somerville, Margaret, ‘A World of Competing Sorrows: Ireland’s Abortion Referendum’ [2018] (3024) News Weekly 14

Starr, Linda, ‘An Opportunity for National Law Reform?’ (2009) 17(4) Australian Nursing Journal 21

Taft, Angela J et al, ‘Unintended Pregnancy in Australia: What More Can We Do?’ (2011) 195(4) The Medical Journal of Australia 166

Taylor, Greg, The Constitution of Victoria (Federation Press, 2006)

Thomson, Jennifer, Abortion Law and Political Institutions: Explaining Policy Resistance (Springer, 2018)

Tomnay, Jane E et al, ‘Providing Accessible Medical Abortion Services in a Victorian Rural Community: A Description and Audit of Service Delivery and Contraception Follow Up’ (2018) 16 Sexual & reproductive healthcare 175

Walsh, Anna, ‘Freedom of Expression, Belief and Assembly: The Banning of Protests Outside of Abortion Clinics in Australia.’ (2018) 25(4) Journal of law and medicine 1119

Wilson, Beth, ‘Abortion Laws.’ (1998) 10(1) Legaldate 8

AUSTRALIA: ABORTION AND HUMAN RIGHTS

AUSTRALIA: ABORTION AND HUMAN RIGHTS

BY

SHAVEEN HARAN PRABAKARAN

STUDENT NUMBER: 217394248

OCTOBER 2018

SUPERVISOR: PROF GILL NORTH

Chapter 1 Introduction

Abortion is one controversial issue in different parts of the world for many years. It is worthy to mention that there are different aspects associated with the debate on abortion. The world is still facing the challenge to determine abortion as a legal or unlawful practice. The entire prospect of abortion can never fully understand until one deeply apprehends the concept of abortion and its practical implications in society. The legal perspective of the issue of abortion better articulate considering the domain of human rights. There is a prevalence of connection between abortion and human rights because the activity of abortion eventually influences the life and health safety of women and newborn kids. It is critical and complex to determine whether women should have the right to give birth to a baby with their choice or not. In recent times, the world experiences an immense level of abortion cases on a daily basis that eventually raised many concerns on legal, ethical, and human right grounds.

Governments and other legislative institutions of different countries focused to regulate the perspective of abortion by developing different forms of laws of abortion. It is considered a mandatory paradigm to regulate the practice of abortion to ensure proper application of basic human rights of living and health protection. The law of abortion in the country of Australia is also one crucial aspect of concern. The concept of abortion and its complications can never fully capture without the proper consideration of its legal perspective prevails in different states and territories of the country. Detailed understanding of the legal side of the issue of abortion eventually helps to figure out its existing connection with the perspective of human rights. Alignment of the legal policies according to the basic human rights is immensely crucial to determine the effectiveness of the law of abortion. When it comes to consideration of abortion laws in Australia than undoubtedly it is one complex aspect to understand and implement.

The significance of the Problem

It is important to assess why abortion is an issue and subject to criminal law in the country of Australia. Proper consideration of the overall idea of abortion is also crucial to determine its influence on the overall approach of human rights. Undoubtedly, it is interesting to examine how the laws of abortion linked with the broad idea of human rights. Legal consideration of abortion also assists to identify the difference between the legal and unlawful practice of abortion in various parts of the country. A detailed explanation of the laws of abortion exists in the country eventually determine the present legal position of this issue and what needs to do more for the future legal perspective. The issue of abortion is considered as the subject of criminal law is all the different states and territories of Australia except the area of Australian Capital Territory. It is crucial to mention that each state of the country has legal foundations to prohibit the practice of unlawful abortion. Considering unlawful abortion under the spectrum of law is essential to ensure better forms of human rights in the country. The laws of abortion adopted by the states of Queensland, Victoria, South Australia, Western Australia, Tasmania, and the Northern Territory clearly explained that when an abortion is not an unlawful activity. Legal domains exist in these states gives thorough statutory explanations about the practice of abortion on the grounds of legislation.

It is vital to attaining proper and comprehensive knowledge about the laws of abortion in the country of Australia because this specific issue is linked with the approach of human rights. The ideology of children by choice exists on the argument that abortion is one major concern that is relevant to the overall health and rights of women. This form of concern further demands to never consider the practice of abortion under the domain of criminal act. It is crucial and complex to establish that when laws of abortion can negatively impact the overall approach of human rights. This pinching concern can only address with the proper explanation of all the legal aspects related to the issue of abortion.

Analyse Theoretical Foundation for the Study

It is imperative to discuss the issue of abortion with the concern of human rights considering the relevant theoretical base. The boundaries of abortion law can better determine through the implication of specific and relevant theory. Natural law theory is one significant theoretical option to identify the existing connection between the legal grounds and human morality. The theory of natural theory can apply in case of abortion to determine the legal and human rights aspect of this issue. The principles of natural law theory can be considered as a good option to evaluate the legal and ethical suitability of the concept of abortion. It is necessary to assess the idea of abortion on the natural perspective of law and morality that ultimately relevant to the consideration of human rights. The theory of natural law can consider as standard to define the limitations of abortion under the key perspectives of law and human right. The developed theoretical paradigm can be assistive for the researcher to explain the idea of the law of abortion with its strong connection with the domain of human rights.

Synthesis of Relevant Literature

It is essential to assess the significance of the concerned issue considering the previous research work. Proper articulation of the former research studies on the issue of abortion eventually helps to determine various factors which help to measure the prospect of the law of abortion. Involvement of other researches helps to use theoretical foundations to discuss the connection of laws of abortion and human rights specifically in the context of Australia. Prevalence of jurisdiction in different states on the issue of abortion will also be critically discussed to determine the actual ground reality. Detailed involvement of previous research work on this issue also helps to figure out the actual concern appeared in case of existing connection between laws of abortion and human rights. Exploration of different recent and previous changes in the law of abortion is necessary to analyse the actual effectiveness of this practice. It is vital to get informed about the legal prospects of the issue of abortion and assess its connection with the domain of human rights.

It is established by many former research works that the issue of abortion has ultimately influenced the aspects of basic human rights in the form of right of privacy and living for women. It is also an issue of human rights because it is somehow related to the life safety and health protection of women. Undoubtedly, there is a need for some form of rules and regulation to determine that in which situations, abortion can refer as the lawful practice. It is essential to get properly informed with the legal position of different states of the country to better evaluate the issue of laws of abortion on the foundation of human rights.

When it comes to settling legal paradigms for abortion than it is essential for the governments to consider the basic human rights of women that allows them to protect their bodies and life from any complications. The laws of abortion can never fully understand or establish without adding the feature of human rights in the entire scenario. The lens of human rights can effectively utilise to determine the effectiveness and comprehensiveness of the laws of abortion prevails in the country. The particular concept of “fair-go” is recognised as the mandatory part of the ethical and legal facets of Australia that closely linked with the aspects of equality and non-discrimination. When it comes to consideration of abortion concerning to human right perspective than it is established as the optional phenomenon. It is essential to assess the idea of human rights laws referring to the idea of option abortion in case of specific circumstances. Legal features of the abortion can never fully discussed without the active involvement of women’s concerns appeared as their basic human rights.

Problem Statement

Clear identification of the basic issue of concern is important to get the roadmap for future direction. The main focus of this research study is to critically examine the prevailing laws of abortion in the country in the particular context of human rights. Various interlinked aspects will be considered and comprehensively examine to attain better knowledge about the entire scenario of a lawful abortion. This form of assessment also helps to figure out the effectiveness of legal paradigms of abortion in the context of the human rights of women.

Research Questions

How the laws of abortion in Australia ensure a better form of decriminalisation of abortion?

How the idea of laws of abortion linked with the spectrum of human rights?

How much legal paradigms of the country are effective to ensure a desirable form of abortion in the context of basic human rights?

Chapter 2 Literature Review

A literature review is one mandatory part of the entire procedure of exploratory research work. The approach of the literature review guides to assess the relevant aspects of the main issue. It is vital to examine the previous research work on the issue of laws of abortion in Australia in the context of human rights. This form of information helps to determine what is already done in this domain and what needs to infer for future research work. A clear understanding of the existing research work helps to determine the prevailing connection between different legal domains and the necessary features of human rights. The idea of decriminalisation of abortion better understands through the proper knowledge about the relevant laws and basic aspects of human rights.

A different source of information such as scholarly articles, research reports, dissertations, and legal cases will be considered in the form of detailed literature review. Proper information will be achieved through these sources to make better inferences about the main research questions crafted for this study. Initially, it is essential to get some historical background about the issue of abortion. This form of understanding ultimately assists to get a better understanding of the phenomenon of laws of abortion and its relation with the approach of human rights. Detailed consideration of the previous research work on the issue of abortion helps to identify the entire legal perspective prevailed in the country. This form of consideration also helps to assess the fact that how the legal domain of abortion was initiated in the country by recognise the historical background of the issue.

Critical consideration of the previous research work on the issue reveals that the favourable domain for the issue of abortion was started many years ago with the consideration of the basic human rights of women. The growing concern of health safety and protection leads to the phenomenon of development of particular law in the favor of abortion in the country. Detailed exploration of the entire country history on the issue of abortion shows that the first ever law that went in favour with abortion was initiated back in the 70s in the Australian states except for Tasmania and Queensland. Even though the legal issues, the laws did not prevent women from choosing abortion in Australia. The pregnancy rate had been similar to it had been in the 1920s. Back then one out of 3 women used to be pregnant. However, at present, the statistics state that one out of 4 women is pregnant around Australia. However, the changes in abortion rate had been seen in the past decades. The abortion rate in 1921 had been 28.5% that was reduced to 21.6% in 1971. By 1981, the ratings of abortion reached almost 0%. Before the 70s, most of the abortion rates had been mostly because of self-abortion and from the midwives. However, the rate of abortion significantly declined related to morbidity and mortality. Due to increasing health reasons, some cities and parts of Australia made abortion lawful that saved the lives of many women. It gave them a means of privacy and freedom to live according to their desires.

Furthermore, in 2018, ACT had enacted the legalised abortion law that enabled the women to abort child under specific circumstances. To ensure that the authorities can make the right decision, the lawmakers decided that the abortion certified by the doctors would only be accepted under the Australian law. However, other Australian territories continue to establish the fact that abortion is a more criminal factor in reality. It was stated that unlawful procedure to kill the fetus in the womb would cause unnatural death to a supposed child. It could have been a factor of cruelty against the living entity. However, the privacy and factors related to health have changed the whole perception of abortion. Many authorities fail to provide appropriate abortion services because of lawful restrictions in Australia while women just desired it for health factors. In many places, the scholars show evidence of abortion being still illegal during the surgical procedure in Australia. Many factors are related to the women’s right at this moment such as privacy and health.

Detailed consideration of previous research work on this issue also helps to analyse the prevailing connection between theoretical framework and the issue of laws of abortion with the concern of human rights. The approach of the natural law of theory is utilised by previous researchers to make better inferences about the main concern of abortion and its relevance with perspectives of law and human rights. It is established the necessary condition to apply the correct theoretical domain to discuss the overall idea of abortion and its implications under the domain of human rights. The theoretical perspective of natural law theory comprised of the principles that come up with the consideration of a double effect. The basic theoretical domain undertakes the basic approach concerning the idea that it is not permitted for anyone to kill an innocent human being without considering specific circumstances and conditions. The main idea of natural law theory reflects the perspective of two different ethical considerations. Moral considerations are closely associated with the main idea of the entire procedure of abortion.

Chapter 3 Methodology

It is utmost crucial for the researcher to select the most suitable research method to ensure the required form of research. It is worthy to understand that research work is one systematic procedure that needs to be conducted on some reliable method. When it comes to deep exploration of the legal perspective of abortion in Australia with the consideration of human rights than it is mandatory to thoroughly overview existing literature and relevant laws of the country. Attainment of proper knowledge about the legal domains of different territories and states helps to differentiate the prevailing difference. This form of exploration is also assistive to determine that how laws of abortion adopted by the country helps to support elective abortion considering the approach of basic human rights for women.

The specific research method of detailed scrutiny of former research work on this issue will be applied to get the desired form of information. Consideration of previous theoretical and empirical aspects helps to figure out the ongoing and popular trend in the country referring to the issue of abortion in the context of human rights. A critical review of previous research work on the issue also helps to identify the relevant laws and different jurisdiction aspects of abortion prevails in the country.

Chapter 4 Discussion

Exploration of different related research work and the laws of abortion exist in the country demands to properly evaluate the effectiveness of these arguments. It is crucial to synthesize all related information and draw some useful conclusion about the relevance of laws of abortion and human rights. The entire controversy of the issue of abortion can only efficiently address when there is involvement of ample form of knowledge.

RIGHT TO EQUALITY

According to the Crimes Act 1900, the “unlawful” abortion is prohibited under the official laws of the government. However, the word “unlawful” was not clearly defined by the government after stating the factors. However, when the stationary reform was absent, the abortion laws are mostly expressed through the technological and social changes. At some places, even though the government has enabled the availability termination process, women are still unable to get appropriate access to abortion.

NSW Crimes Act and other concerning laws

The NSW Crimes Act 1900 states that if women are subjected to the procurement of miscarriage on her own, the government is entitled to give her imprisonment of 10 years as a maximum penalty. However, such strict regulations would only create problems for the women in general.

Recently, many states of Australia have decided to decriminalise the concept of abortion including certain restrictions over it. Many people start arguing that the reproductive autonomy of the women is certainly linked with their right to equality and enjoyment of life. Furthermore, according to the scholars, the right to equality for women would only fructify if they can take decisions over their reproductive system. It would determine their dignity and ability to decide without being afraid of others. Equality factor is not compared with the continuing pregnancy or forced abortion. Rather, equality requires women to rethink about the unintended pregnancy that affects the women's perspective toward life. Right to equality entails that women are well aware of the disadvantages and consequences of termination of pregnancy or continuation.

Such equality concerns should be exercised by mostly everyone in the country. However, it is observed that more than half of the entire population of women in Australia suffers from making a free decision about abortion. Many places are involved in cancelling the decision of abortion forcefully because of several reasons. These reasons might include the behaviour of protestants or the financial problems. Women face these problems due to rising protestants and concerns about abortion around the country, the changed law in every state might also be another reason behind it.

Furthermore, more than half of the women lack proper clinical support and physician guidance. The ACT had enacted the legalised abortion law that enabled the women to abort child under specific circumstances. To ensure that the authorities can make the right decision, the lawmakers decided that the abortion certified by the doctors would only be accepted under the Australian law. However, other Australian territories continue to establish the fact that abortion is a more criminal factor in reality. It was stated that unlawful procedure to kill the fetus in the womb would cause unnatural death to a supposed child. It could have been a factor of cruelty against the living entity. However, the privacy and factors related to health have changed the whole perception of the abortion. Many authorities fail to provide appropriate abortion services because of lawful restrictions in Australia while women just desired it for health factors. In many places, the scholars show evidence of the abortion being still illegal during the surgical procedure in Australia. Many factors are related to the women's right at this moment such as privacy and health.

Northern Territory allows abortion only up to 23 weeks for women in pregnancy. Within 14 weeks of pregnancy, women require the approval of only one doctor. However, they require more than two in case of having pregnancy above 14 weeks. Abortion is not allowed for women after 23 weeks except the special cases stated under the Pregnancy Law Reform Act. Only if the lives of women are endangered, they can apply for abortion after having permission and approval from the doctors.

Financial obstacles and the Abortion law

Australia has the population of about 23 million people out of which, only 65,000 women can have the abortion. In other words, the Australian country faces abortion rate of 19 out of 1000. The saddest instance is that the number of this is having constant declination. Furthermore, the 1970 Australian government and public saw the significant change in the implementation of abortion. Abortion hygiene and safety was introduced in the Australian hospitals. It was done using the universal health care insurance provision that usually covered the clinical cost. However, such costs fail to meet the demands of elective abortions. Therefore, the private clinics take extra charge for abortion services. They often charge above the universal insurance rate. Therefore, the abortion services provided by both the private and public sectors have differences. Therefore, even though the legislation has provided the stage for women to enable the law of abortion and make use of it, the financial problems became hindrances. The law, therefore, should be altered such that the women can be financially benefited as well.

Such aspects violate the right to equality and force women to choose the other option instead. Furthermore, the price of the medical drugs such as misoprostol and mifepristone is more than $38. However, the fees charged by the doctors in the private sector ranges up to $250 in many small states of Australia. The cost has imposed as a high barrier to the abortion to the women in general.

RIGHT TO HEALTH

Women generally complain that they are forced to face all kinds of abuse, violence and control from the side of men. The factor of control does not just show the ability to show power over women's body, but also the aspect of lost confidence and individuality.

Several myths are associated with health issues that enables the women to face problems in abortion. Such myths are often associated with health issues that can occur after delayed abortion. However, it is observed that majority of the abortions are being carried out within the first ten weeks of pregnancy. The modern technology has made the procedure quite simple and safe for women. However, it is observed that the hospitalised environment gives constant obstruction and delays to women that seek an abortion in the early stages of pregnancy. This is why legislation and information on health concerning abortion is necessary at the present date.

Abortion law and its necessity

One of the features of the Mifepristone is that pills successfully blocks the Progesterone hormone that enables pregnancy in women. These pills are mostly available to the professionals in the clinics that give the surgical option to the women. It is also available with general practitioners. The availability of the pills continues to improve along with the increment in knowledge about the abortion treatment. As the professionals continue to study and execute the abortion treatment, including the general practitioners, the availability of pills also enhances. However, availability of pills and other medication factors does not reduce the hindrances women face while taking abortion. However, variations can be found in the legislation among countries that allow the utilisation of pills over the operation. Even though medically, the pills have enabled the women to get the benefit of quick and painless abortion, the legislation of some places, such as Queensland, has failed to allow it in totality.

Australian Laws: Barriers to Appropriate Healthcare

The Australian laws put great emphasis on the legal and safe abortion services. However, the barriers occur usually for many reasons. The doctors usually give refers the women or patient to another professional when it comes to abortion services. However, in many states such as Northern Territory, Victoria, and Tasmania objects the participation of abortion in any procedure other than the cases of emergency. However, the legal authority states that even if the women are permitted abortion, the doctors should provide appropriate knowledge about the termination process. It includes where she should go and which process she is accustomed to following. It enables the women to make appropriate decisions based on legit knowledge. However, it is observed that such provisions of knowledge remain the controversial topic. The Healthcare services of South and Northern territory of Australia provide elective abortion to the public. However, it fails to cover even half of the Australian women. Many times, the abortions are performed by the private clinic to gain more profit from the patients in need. The private sector in Australia charges more than $800 and $4400 in some cases. It shows that women in Australia, even after having the ultimate freedom for healthcare services and abortion, they still face trouble because of finance. Even the insurance fails to cover the gap between the public and private fees of the abortion. Such aspects violate the right to equality and forces women to choose the other option instead. Furthermore, the price of the medical drugs such as misoprostol and mifepristone is more than $38. However, the fees charged by the doctors in the private sector ranges up to $250 in many small states of Australia. The cost has imposed as a high barrier to the abortion to the women in general.

The abortion services access is generally influenced by many factors such as proximity, appointment, and gestational limitations. However, many women were observed to be bereft from such facilities in Australia. It is observed that woman faces the problems of appointment that further acts as a barrier to proper abortion services. About 30% of the Australians reported that they failed to have a proper appointment. However, the appointment is wasted because of many reasons such as regular violence because of Protestants, society, and other health conditions.

Furthermore, variations in abortion attitude among the non-professionals are common. In rural areas of Australia, about 35% of physicians were observed to have a negative attitude toward abortion. It is mostly because of rising community opposition and religious beliefs. Even though many physicians support abortion procedure in the Australian cities, many professionals failed to do so in the rural areas. It is observed that these rural physicians failed to consider the women's right to life, and the right to health by giving abortion services in extreme circumstances. Scholars state that women should be given right to choose abortion without being questioned or any restriction.

RIGHT TO PRIVACY

Historically, the control over women's body has been under the hands of men, state, and church. Subconsciously, such power is still exercised by men, in general, today within many states of Australia. According to a Petchesky (1986), the abortion factor contains the aspects related to family, motherhood, state, and sexuality that enables the person to struggle a lot. Simple language and actions entail the women to act in a certain way. However, to bring about change in the thinking ability of men around Australia, it is mandatory to challenge their behaviour. The society also needs to recognise the sudden need exercising such aspects. Some men have a deeper subconscious idea that women are mostly destructive and seductive that leads one toward ultimate distraction. Such a complex belief system might lead the men to exercise their power against the women in general. Many men believe that women may end up damaging the society if their deeds are not controlled. Thus, the legislative system leads the women to lose their privacy, and even lives in extremely rare case of bad health. This also results in being under the control of government even though their sexual matter should remain private. It certainly happens even at the risk of starvation, death, and poverty. The Protestants often state that the women have enabled suffering of the child in a way. However, the abortion has brought forth many benefits for the women. In case, if the protestants start considering the fact that the abortion legislation can provide better benefits to the women, especially concerning privacy, they could slow down in their violent attempts.

Such factors also show that the government and male counterparts fail to have trust in them concerning certain decisions about sexuality. Reproductive lives and sexuality is something private for every woman. They need to have privacy regarding important decisions of life. However, the decision of government against the appropriate desires of women shows their ability to respect the privacy of women in general. The government, according to certain scholars, fail to give women the opportunity to decide their private matters, which enables the women to lose confidence. The women fail to attain success and become a politician or policymakers. They make differences among the human's and women's rights while making the policies. Such aspects enable the thinking that the rights of women are less crucial for the policymakers as compared to the other.

RIGHT TO LIFE

In the present context, the right to life coincides with the survival from pregnancy, motherhood, and childbirth. This paper, however, does not focus toward the right to life of the foetus because of many reasons. First, the text itself is not against the nature of abortion; rather, it urges the process as a medical treatment necessary for the survival of the women. Secondly, right to life, as the protestants fail to perceive, also relates to all the human beings, including women who carry the foetus. For many reasons, women may be seeking survival amid the pregnancy that forces them to take the harsh decision of life: abortion. They have been facing the anxiety and frustration of making that decision already. The other factors such as protestants around the clinic only raise their level of frustration, as mentioned in the previous section. However, the Australian government needs to focus well toward maternity and needs of the women rather than harming them. It certainly needs appropriate fertility management from the side of government.

The maternity records in Australia have been available for over five years. On an average, every year, 21 woman dies because of childbirth and pregnancy every year. Furthermore, it was recorded that about 105 maternity deaths were there between the years 2008 and 2012. It was a result from complicated pregnancy. More 16 deaths had been because of the mental and psychological reasons. The statistics show that woman face many problems in the social life because of both the health and mental issues. Sometimes, such issues are raised by the fault of society and Protestants. Already suicidal women become more anxious because of them that may take their lives away. And it was proved to be true when 16 deaths were recorded between the years 2008 and 2012. One of the scholars mentioned that partner violence has also been the primary reason behind abortion and health issues. The rate of the unwanted pregnancy can be reduced by the simple technique of prevention. Furthermore, a significant reduction in the violence by the partner can also aid in this. Such reports show the importance of psychological screening along with postnatal and antenatal care.

The recording of deaths in the first few weeks, specifically the primary 14 ones, are not recorded well in Australia. However, from the available data of maternity homes, it is clear that about 15 deaths are caused due to many reasons, health and psychology included, in the first few weeks of pregnancy. These deaths were possibly due to thromboembolism, cardiac events, and ectopic pregnancies other than the mentioned ones. The shocking truth behind these statistics is that the woman did not die because of the elective abortion.

Furthermore, it is observed that the higher rates of mortality and morbidity are mostly related to the ingenious woman. It certainly reflects the weak health background and lack of appropriate healthcare facility to the woman. Between the same years, 12 deaths were recorded concerning indigenous woman due to pregnancy. None of them was directly related to the abortion. Furthermore, it was observed that the indigenous woman suffers from different problems related to the poverty and bad health outcomes. They also fail to have better access to an appropriate healthcare facility that leads to failure of government and doctors. A woman should be inclined toward the right to life not only concerning the foetus, but also her own lives. However, such cases are only valid concerning the extreme situation of psychology and health. When it comes to termination of pregnancy for some selfish reasons, women should start considering the aspect of the right to life for the foetus.

Woman desire to have appropriate healthcare services that would further lead her to have a better life. Furthermore, because of social and personal reasons, they fail to get proper attention. Due to the proper lack of it, the woman ends up either with bad health problems throughout their lives or ultimate death out of pregnancy. It was mostly observed that healthcare facilities related to abortion are crucial most aspect that can save many deaths per year

Also, Macduff Argues that the status of the legislation regarding abortion is still the same as it was before. Earlier, the Abortion was used to be called a criminal offence, but the government had to provide it for the medical purposes. However, the present-day scenario regarding the law and its utilisation in real life is still the same that focuses on abortion due to health problems.

Chapter 5 Conclusion and Recommendations

To conclude the detailed discussion about the legal perspective of the issue of abortion in Australia in the context of human rights, it is essential to mention that the overall idea of abortion is comprised on combination of different aspects of consideration. It is one complex approach to take decisions about the legal prospect of abortion considering the facet of basic human rights of women. The main idea of human rights for women comprised on their rights of health, safety, privacy, etc. Clear consideration of different human rights reflects as the necessary lens to figure out the proper position of legal grounds of the practice of abortion in the country.

The main aim of this particular research report to discuss the scenario of laws of abortion in country referring the main idea of human rights. It is difficult to determine the practice of abortion as moral action referring to the overall ambiguity involves in case of elective abortion. The Australian law of abortion can analyse on the basis of basic paradigms of human rights for women. These human right perspectives reocgnised in the form of their right to life, privacy, and the overall health. The main idea of right of equal rights for everyone is another crucial feature of concern when it comes to assessment of the suitability of the concern of abortion laws in various parts of the country. The primary aspect that was realised, which can surely ensure the betterment of the women, is having decriminalisation of abortion. It is vital because pregnancy can be problematic at times, leading to the untimely death of the Australian woman. However, some jurisdiction had recognised this fact and enabled the law for decriminalising the abortion. Many women can get the benefit of aborting the foetus if it is accustomed to causing untimely death and many psychological problems.

However, it was observed that states such as Queensland and New South Wales have an abortion as a crime no matter what. Due to this, the Australian women fail to achieve the benefit of protective measures throughout the pregnancy period. For this, many healthcare facilities were recognised by several state government of Australia such as safe zones around the clinics. Women are already facing anxiety, and possibly depression from having to lose a child. Furthermore, the wounds may get deeper in case of violence and other factors. Woman get greatly affected due to that, and they may face severe health and psychological problems. However, the leading problems arose due to the availability of issues; many state jurisdictions analysed that the rising violence can become the cause of untimely death. However, in order to avoid that, several state council members devised a safe zone as an alternative way to deal with the situation.

The right for abortion has several obstacles in between such as human rights and the right to live. Right to be free and torture another human figure also goes along with it. Such aspects might be turning the abortion into a criminal act, and many cities have been involved in making it a law in Australia. The right to life is violated because of unsafe abortion and similar aspects that enables the law authorities to put forth multiple restrictions on it. However, the right to privacy and women's right to take free decision should also be considered at this point. Abortion comes under the right to privacy for many women. This report presented a perception that the right to privacy and freedom of speech is violated because of the restriction on abortion. Detailed consideration of the entire scenario and the evaluation of the laws of abortion prevails in the country helps to determine that there should be proper option of elective abortion under the domain of specific circumstances. If it is concern of the health and life concern for women than there should be a legal option of abortion.

Limitation of the study

It is important to figure out that every research work has some form of limitations. It is impossible for the researcher to cover all the aspects of the issue. This particular research study on the issue of laws of abortion in Australia in the context of basic human rights of women also have some form of limitations. The major limitation involves in case of this research work is that it only considered the perspective of human rights to determine the effectiveness of legal domains of abortion. The research work on the issue of abortion can further expand by considering other relevant aspects and deep consideration of different theoretical approach other than the natural theory of law. The research method of reviewing previous research work on the issue also highlight some form of limitation of this research work. Researchers have many different options when it comes to the selection of the research method and research design for the study. It is important to consider that the prevalence of any form of limitation at any stage of research work eventually influence the outcomes.

Recommendations for Future Research Work

This research work can be helpful for future research work on the issue of abortion. It can be established as the recommended framework to understand better about the practical implications of the laws of abortion considering the approach of human rights. The phenomenon of decriminalisation of abortion can effectively perceive by considering the laws of abortions implemented in the country. It is worthy to mention that the horizon of the research work on abortion can further expand by expanding the options of relevant factors. It is recommended for the future research work is to entirely focus on comparing legal perspectives of different states to highlight the issue of abortion and how it is influenced by laws established by local governments.

References

“Practice Bulletin No. 143” (2014) 123 Obstetrics & Gynecology676 https://www.ncbi.nlm.nih.gov/pubmed/24553166

Baird, Barbara. "Medical abortion in Australia: a short history." Reproductive health matters 23, no. 46 (2015): 169-176.

Boland, Reed, and Laura Katzive. "Developments in laws on induced abortion: 1998-2007." International family planning perspectives (2008): 110-120.

Bryant, HE, N Visser and EJ Love, “Records, Recall Loss, and Recall Bias in Pregnancy: a Comparison of Interview and Medical Records Data of Pregnant and Postnatal Women.” (1989) 79 American Journal of Public Health78 https://ajph.aphapublications.org/doi/abs/10.2105/AJPH.79.1.78

Burnhill, Michael S and John W Armstead, “Reducing the Morbidity of Vacuum Aspiration Abortion” (1978) 16 International Journal of Gynecology & Obstetrics204 https://obgyn.onlinelibrary.wiley.com/doi/abs/10.1002/j.1879-3479.1978.tb00429.x

Cica, Natasha. "Abortion law in Australia." (1998): 59p. http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=SubjectId_Phrase%3AWP1%20SearchCategory_Phrase%3A%22publications%22;rec=0

Cica, Natasha. "Ordering the law on abortion in Australia's' wild west'." Alternative Law Journal 23, no. 2 (1998): 89.

Clark, Wesley et al, “Alternatives to a Routine Follow-Up Visit for Early Medical Abortion” (2010) 115 Obstetrics & Gynecology264 https://obgyn.onlinelibrary.wiley.com/doi/abs/10.1016/S0020-7292(09)60513-0

Cook, Rebecca J and Bernard M Dickens, “Human Rights Dynamics of Abortion Law Reform” (2003) 25 Human Rights Quarterly1 https://sync.deakin.edu.au/library

Costa, Caroline De et al, “Abortion Law across Australia - A Review of Nine Jurisdictions” (2015) 55 Australian and New Zealand Journal of Obstetrics and Gynaecology105 https://obgyn.onlinelibrary.wiley.com/doi/abs/10.1111/ajo.12298

Coyaji K., “Early Medical Abortion in India: Three Studies and Their Implications for Abortion Services.” [1972] Journal of the American Medical Women's Associationhttps://europepmc.org/abstract/med/10846337

Crespigny, Laclan JD and Julian Savulescu, “s 10 Of the Act, Relates to ‘Child Destruction’ (an Unlawful IntenAbortion: Time to Clarify Australia's Confusing Laws” (2004) 181 Medical Journal of Australia201 https://sync.deakin.edu.au/library

Cunningham, F. Gary, Paul C. MacDonald, and Norman F. Gant. Williams obstetrics. Vol. 21. New York, NY: McGraw-Hill Professional, 2005.

de Crespigny, Lachlan J., and Julian Savulescu. "Abortion: time to clarify Australia's confusing laws." Medical Journal of Australia 181, no. 4 (2004): 201-203.

Downs, Mathew David. "No substantial miscarriage of justice: the history and application of the proviso to Section 385 (1) of the Crimes Act 1961." PhD diss., University of Otago, 2011.

Duxbury, Alison, and Christopher Ward. "International Law Implications of Australian Abortion Law." UNSWLJ 23 (2000): 1.

Ferdinands, Patrick. "How the Criminal Law in Australia Has Failed to Promote the Right to Life for Unborn Children: A Need of Uniform Criminal Laws on Abortion across Australia." Deakin L. Rev. 17 (2012): 43.

Geyman, JP, LM Oliver and SD Sullivan, “Expectant, Medical, or Surgical Treatment of Spontaneous Abortion in First Trimester of Pregnancy? A Pooled Quantitative Literature Evaluation” (1999) 12 The Journal of the American Board of Family Medicine55 http://www.jabfm.org/content/12/1/55.full.pdf

Goldstein, Joseph, “Medical Care for the Child at Risk: On State Supervention of Parental Autonomy” (1977) 86 The Yale Law Journal645 https://sync.deakin.edu.au/library

Grimes, David A et al, “Unsafe Abortion: the Preventable Pandemic” (2006) 368 The Lancet1908 https://sync.deakin.edu.au/library

Grossman, Daniel et al, “Effectiveness and Acceptability of Medical Abortion Provided Through Telemedicine” (2011) 118 Obstetrics & Gynecology296 https://journals.lww.com/greenjournal/Fulltext/2011/08000/Effectiveness_and_Acceptability_of_Medical.14.aspx

Guengant, Jean-Pierre et al, “Mifepristone-Misoprostol Medical Abortion: Home Administration of Misoprostol in Guadeloupe” (1999) 60 Contraception167 https://www.sciencedirect.com/science/article/pii/S0010782499000748

Hegde, Shalika, Elizabeth Hoban and Annemarie Nevill, “Unsafe Abortion as a Birth Control Method” (2011) 24 Asia Pacific Journal of Public Health989 https://sync.deakin.edu.au/library

Hobbs, Melissa K et al, “Pharmacy Access to the Emergency Contraceptive Pill: a National Survey of a Random Sample of Australian Women” (2011) 83 Contraception151 https://sync.deakin.edu.au/library

Irving, Diane N. "Abortion: correct application of natural law theory." The Linacre Quarterly 67, no. 1 (2000): 45-55.

Lanham, David, David Wood, Bronwyn Bartal, and Rob Evans. Criminal laws in Australia. Federation Press, 2006.

Macduff, Anne, “Abortion Law in Australia” (2017) 29 Legaldate https://sync.deakin.edu.au/library

Mayall, Katherine, and Johanna B. Fine. "Abortion worldwide: 20 years of reform." (2014).

Mendelson, Danuta, “Decriminalisation of Abortion Performed by Qualified Health Practitioners Under the Abortion Law Reform Act 2008 (Vic)” (2014) 19 Journal of law and medicine1 https://sync.deakin.edu.au/library

Moel-Mandel, Caroline de and Julia M Shelley, “The Legal and Non-Legal Barriers to Abortion Access in Australia: a Review of the Evidence” (2017) 22 The European Journal of Contraception & Reproductive Health Care114 https://sync.deakin.edu.au/library

Morgan, Jenny. "Abortion law reform: The importance of democratic change." UNSWLJ 35 (2012): 142.

Müller, Wolfgang P, “The Criminalization of Abortion in the West” [2012] Journal of religious history620 https://onlinelibrary.wiley.com/doi/abs/10.1111/1467-9809.12223

Munson, Ronald, and Ronald Munson. Intervention and reflection: basic issues in medical ethics. Belmont, California: Wadsworth Publishing Company, 1983. https://sync.deakin.edu.au/library

Ngoc, Nguyen Thi Nhu et al, “Comparing Two Early Medical Abortion Regimens: Mifepristone Misoprostol vs. Misoprostol Alone” (2011) 83 Contraception410 https://www.sciencedirect.com/science/article/pii/S0010782410005226

Ngoc, Nt.n. et al, “Medical Treatment of Missed Abortion Using Misoprostol” (2004) 87 International Journal of Gynecology & Obstetrics138 https://obgyn.onlinelibrary.wiley.com/doi/abs/10.1016/j.ijgo.2004.07.015

O'Neill, Nicholas KF, Nick O'Neill, Simon Rice, and Roger Douglas. Retreat from injustice: human rights law in Australia. Federation Press, 2004.

Paterick, Timothy J et al, “Medical Informed Consent: General Considerations for Physicians” (2008) 83 Mayo Clinic Proceedings313 https://www.sciencedirect.com/science/article/pii/S0025619611608641

Petersen, Kerry A. "Early medical abortion: legal and medical developments in Australia." Medical Journal of Australia 193, no. 1 (2010): 26-29.

Petersen, Kerry. "Abortion in Australia: a legal misconception." Australian Health Review 29, no. 2 (2005): 142-145.

Pratt, Angela, Amanda Biggs, and Luke Buckmaster. How many abortions are there in Australia?: A discussion of abortion statistics, their limitations, and options for improved statistical collection. Department of Parliamentary Services, Parliamentary Library, 2005.

Pringle, Helen. "Is abortion illegal?." Australian Journal of Political Science 32, no. 1 (1997): 93-110.

Puri, Mahesh et al, “‘Sometimes They Used to Whisper in Our Ears’: Health Care Workers’ Perceptions of the Effects of Abortion Legalization in Nepal” (2012) 12 BMC Public Health https://sync.deakin.edu.au/library

Rahman, Anika, Laura Katzive, and Stanley K. Henshaw. "A global review of laws on induced abortion, 1985-1997." International Family Planning Perspectives (1998): 56-64.

Rankin, Mark J. "Abortion law in New South Wales: The problem with necessity." Monash UL Rev. 44 (2018): 32.

Rankin, Mark J. "Contemporary Australian Abortion Law: The Description of a Crime and the Negation of a Woman's Right to Abortion." Monash UL Rev. 27 (2001): 229.

Reardon, David C et al, “Psychiatric Admissions of Low-Income Women Following Abortion and Childbirth” [2003] Canadian Medical Association Journal1253 http://www.cmaj.ca/content/168/10/1253.short

Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973).

Rothwell, Donald R., Stuart Kaye, Afshin Akhtarkhavari, and Ruth Davis. International law: cases and materials with Australian perspectives. Cambridge University Press, 2010.

Saletan, William. Bearing right: How conservatives won the abortion war. Univ of California Press, 2004.

Schaff, Eric A et al, “Vaginal Misoprostol Administered 1, 2, or 3 Days After Mifepristone for Early Medical Abortion” (2000) 284 Jama1948

Shotorbani, Solmaz et al, “Attitudes and Intentions of Future Health Care Providers Toward Abortion Provision” (2004) 36 Perspectives on Sexual and Reproductive Health58 https://www.guttmacher.org/journals/psrh/2003/05/heterosexually-active-mens-beliefs-about-methods-preventing-sexually

Shotorbani, Solmaz et al, “Attitudes and Intentions of Future Health Care Providers Toward Abortion Provision” (2004) 36 Perspectives on Sexual and Reproductive Health58 https://onlinelibrary.wiley.com/doi/abs/10.1363/3605804

Singh, Susheela, “Hospital Admissions Resulting from Unsafe Abortion: Estimates from 13 Developing Countries” (2006) 368 The Lancet1887 https://sync.deakin.edu.au/library

Smith, Anthony MA et al, “The Australian Longitudinal Study of Health and Relationships” (2007) 139 BMC Public Health1 https://sync.deakin.edu.au/library

Soper, Philip. "Some Natural Confusions About Natural Law." Mich. L. Rev. 90 (1991): 2393.

Taft, Angela J et al, “Unintended Pregnancy in Australia: What More Can We Do?” (2011) 195 The medical journal of Australia166 https://www.mja.com.au/journal/2011/195/4/unintended-pregnancy-australia-what-more-can-we-do

Taylor, Greg. The Constitution of Victoria. Federation Press, 2006.

Teasdale, Lisa. "Confronting the Fear of Being Caught: Discourses on Abortion in Western Australia." UNSWLJ 22 (1999): 60.

Warriner, Ik et al, “Can Midlevel Health-Care Providers Administer Early Medical Abortion as Safely and Effectively as Doctors? A Randomised Controlled Equivalence Trial in Nepal” (2011) 377 The Lancet1155 https://sync.deakin.edu.au/library

Warshaw, Carole, “Limitations Of The Medical Model In The Care Of Battered Women” (1989) 3 Gender & Society506 http://journals.sagepub.com/doi/abs/10.1177/089124389003004008

Yarnall, Jillian, Yael Swica and Beverly Winikoff, “Non-Physician Clinicians Can Safely Provide First Trimester Medical Abortion” (2009) 17 Reproductive Health Matters61 https://www.tandfonline.com/doi/abs/10.1016/S0968-8080(09)33445-X

Australian Animal Law

Title page

International law

Part 1

The news states that the Animal Welfare Act has attained its agenda of banning harmful testing of animals. Animal Welfare Act of 1985 restrict residents of Australia for causing unnecessary harm to the animals. The laws and policies according to this act gives special treatment and coverage to the animals with the aim of maximizing their welfare. The act stated that the animals used for the purpose of research must not be caused any significant harm. They must be offered humane treatment and care. Large-scale use of stolen animals is also restricted in this act. It also emphasize of eliminating the need for duplicating experiments. In conduction of research or experiments adequate measures are taken for providing safe environment and standards. Provision of animal care and treatments are equally important during and after performance of experiment. Conditions are defined in which animal can be used for experimentation. The act also states that the animal dealer must adopt safety standards and offer good nutrition and vaccinations.

Part 2

I agree with the viewpoints of Avila in the article “Just Preservation” in which he has raised questions about anthropocentric status quo of conservation. I agree that society has failed to treat animals humanely and they always have been the victims of human practices. Animals are still hunted and suffering brutal treatment of humans which is unfair. I think the policies on controlling cruelty of animals have attained limited success. In reality, animals are still killed unnecessarily by human for their benefits. After reading the article I believe that the state and animal welfare organizations must suggests policy measures for eliminating animal hunting and excessive killings. Human practices are not only threatening animals but also causing harmful effects on the nature and environment. Biodiversity and environment conservation are two critical issues linked to animal killings at large-scale.

Bibliography

Cao, Deborah, Animal Law in Australia, (Lawbook, 2nd ed, 2015).

Australian Corporate Law

Question 1:

Facts:

Callie and Marie Seymour, two musically talented sisters, started a private limited music company. Both of the sisters hold 30% each of the share capital in the company. The remaining 40% is held by three fans named Pearl (10%), Marina (10%), and Octavio (20%). Both of the sisters are also directors of the company. As per the Corporations Act 1989, a small proprietary company is the one that has less than 5o employees, a consolidated revenue of less than 25m, and 12.5m in assets.

Part A:

The sisters desired to start another company but did not want to invest the share capital themselves. For this reason, they decided to raise the capital from within the company. However, for this purpose, they had to alter the constitution of the company. Under the provisions provided in the Act, a company’s internal affairs are managed either by Replaceable Rules by default or its constitution, which comprises of Articles and Memorandum of Association, or both. Primarily, the Replaceable Rules of a company can be modified or altered through the constitution. It indicates that the constitution of a company can alter or change all or some of the Replaceable Rules.

Therefore, the sisters called for a Special General Meeting. As per the Corporations Act 1989, the notice must be served 21 days prior to the meeting, and the notice must set out the time and venue of the meeting, general agenda of the meeting, and the fact that if a member is entitled to a proxy. The meeting was attended by all five of the shareholders, i.e., the quorum was met. In the meeting, it was put forward that the shareholders holding less than 15% share capital will be required to repay the initial amount of their shares as additional capital each year. Callie, Marie, and Octavio voted for the alteration, that makes it more than 75% of the votes.

Under the Act, a company’s constitution can be altered by a special resolution of members. The Act further explains that a special resolution takes effect if 75% of the votes are cast by the members entitled to voting. Since all of the five shareholders of the company are allowed to vote, and one share equals one vote. Thus, Callie, Marie and Octavio collectively cast 80% of the total votes. Therefore, the constitutional alteration was passed. Furthermore, alteration made meeting all of the criteria is applicable on all members of the meeting despite the fact that if they opposed the special resolution.

Hence, under this condition, this would be concluded that Pearl and Marina would have to repay the initial price of their shares each year. The only option left with them is to sell their shares and free their capital from the company. However, they chose to maintain their shareholding at the company as they continued to be loyal fans of the musically talented sisters. However, the situation is different. The decision taken in the Special Resolution Meeting cannot be enforced against them because under the Corporations Act, no member can be enforced to pay money to the company or increase his number of shares. Therefore, the first alteration of constitution, i.e., Pearl and Marina must repay their initial amount of shares to the company, is not valid, and cannot be enforced against them.

Part B:

The copyright of the songs, imagery, and branding of Callie and Marie Seymour is owned by another company named Ink Records Ltd. The sisters had been using this material to promote their own company. For this reason, Ink Records Ltd demanded the sisters’ company for license to use this material. They came to the terms that the company will allow the sisters to promote their store using this material only if they maintain 80% of shareholding (either individually or collectively) in their company. Furthermore, the agreement was to take effect after 10 days.

Due to the short period, Callie and Marie called Octavio to their store for a Special General Meeting. Since they called the meeting on an urgent basis, they did not serve notice of meeting to the remaining shareholders, i.e., Pearl and Marina. They also did not complete the notice period in this regard. As explained earlier, the notice must be served 21 days prior to the meeting. Therefore, there exists an irregularity in the process of the meeting. Moreover, the remaining shareholders were not even informed of the meeting. Thus, they did not know that such a meeting was being held. They

Under the Corporations Act, the parties can apply for breach of contract for non-compliance of the company with the terms and conditions provided in its constitution. However, the appropriate remedy of such a situation is not damages but a court injunction or declaration, which enforces compliance with the Replaceable Rules or the constitution of a company. Also, the members can sue the company to enforce their rights. But, these rights can only be enforced in the capacity in which they are provided to them, and they cannot be enforced in a capacity outside of it. For instance, a member cannot enjoy the rights that a solicitor or a promoter of the company unless he acts like one.

As an example, in a 1875 case of outside capacity, the constitution of the company was drafted by Eley, and he was the permanent solicitor of the company that could not be removed on the grounds of misconduct. However, no separate contract for the same was ever made between the company and Eley. Later, he received some shares within the company for the work he did for its formation. Subsequently, the company ceased to have him as its permanent solicitor. As a reaction, Eley sued the company for breach of contract. His action was failed on the ground that the constitution of the company did not confer any rights for a member where he seeks to enforce a right in a capacity outside of a member.

Continuing with the discussion, the remedy for the breach is not damages but injunction of court. Although the decision made in the Special Resolution Meeting is binding on all the members despite the fact that they voted against the decision but under the Corporations Act, a member is not bound by the modification in the company’s constitution if it supports entrenching provisions. Under the Act, if the decision of a Special Resolution Meeting imposes or increases a particular member’s ability to transfer the shares already held by him, the member is not bound by such a decision. Moreover, such modifications that are particularly prejudiced towards some of the shareholders of a company are also not binding upon them.

Therefore, in the case of Pearl and Marina, with regard to the second modification, a large number of factors are playing their role. Firstly, the directors of the company, i.e., Callie and Marie did not meet the requirement of sending the notice of the meeting to all members of the board. Secondly, the quorum of the meeting is not met, i.e., Pearl and Marina did not come to the meeting, and the member attending it did not meet the 2/3 requirement of quorum. Lastly, the decision taken is highly prejudiced towards Pearl and Marina. Thus, the second alteration to the constitution for expropriation of their shares is not valid.

Question 2:

Facts:

Kenta and Ryota are two identical twins. They are executive managing directors of a company named Genki Ltd, which is a public company that deals in selling high-tech medical equipment and machines to hospitals. Although the brothers are identical in physical appearance, Ryota is not much fluent in English due to his long-term stay in Japan whereas Kenta has great fluency in speaking the language due to staying in Australia.

Part A:

Ryota, due to his lack of good fluency of English language, landed the company in to a big trouble when he signed a contract without fully understanding it. After this incident, the company made it mandatory for Ryota to get any contract more than the value of $10,000 AUS by one of the directors first. He was not happy with this development. Kenta realized the situation, and sent Ryota to West Bank to apply for a loan of $50,000 AUD for the company. Ryota also called the bank beforehand.

Ryota reached the bank, signed the loan agreement for a total of $500,000, and forged his brother Kenta’s signature on the contract to meet the requirement of having two directors’ signatures on any contract of value more than $10,000 AUD. He did not stop here, and get the loan issued in the name of unrelated company, which happened to be a proprietary shelf company made by the twin brothers and had never been used ever since. Ryota told the bank that it was the wholly owned subsidiary of the company he is the managing director of.

In a recent 2016 case, the defendant (the company) entered into two loan agreements with the plaintiff (the bank), who relied on the existing personal guarantees from two of the directors of the company. The agreements were signed in 2004 and 2009. One of the directors refused to be held liable for the loan payment because the signatures on the loan agreement of 2009 did not belong to him. The bank did not argue but relied on the Corporations Act to enforce the guarantee.

This case identifies the point that if an agreement has correctly been executed, the people dealing with the company can assume that the director has properly been appointed, and had complete authority to act in this regard. However, the people dealing with the company are not entitled to make these assumptions if they get suspicious of a wrongdoing at the time of the formation of a contract. In the scenario under discussion, the clerk of the bank became suspicious of the fact that the identical twins were the directors of the subsidiary company, and owned 50% of the share capital each. Moreover, none of the brother ever mentioned the company. However, based on the position of Ryota in the present company, he allowed the loan agreement to go into the process. Also, he never suspected that Kenta did not sign the agreement. Therefore, Genki Ltd is bound by the loan agreement with West Bank.

Part B:

A subsidiary company is controlled and ran by another company. A subsidiary runs the day-to-day affairs of the organization and may incur the parent company into a liability. Under the Corporations Act 2001, a company is considered a subsidiary of another company primarily when the other company controls the composition of the board of directors, have more than 50% of the votes, and hold more than 50% of the issued share capital. In Australia, a parent company is seen as the shadow director of the subsidiary company. Thereby, it attracts liability in this regard.

The facts of the scenario under discussion make it clear that the so-called subsidiary company is a proprietary shelf company. It was formed in the early days of the twin brothers’ career when they began doing their own business. However, the company was never used. Both of the twin brothers are listed as the directors of the company, and each of them shares 50% of the share capital in it. Apart from this situation, the company has no direct links with Genki Ltd except for one, i.e., both Kenta and Ryota are the executive managing directors of Genki Ltd. Therefore, it can be argued that Business Brother Pty Ltd is a subsidiary company. However, in reality, it does not involve in any of the day-to-day activities of Genki Ltd.

In a recent Canadian case of 2013, it was decided that under certain circumstance, the subsidiary company will not hold the parent company responsible for its liabilities, and the corporate veil will be pierced. One of the situations is when the parent company completely dominate or control the subsidiary company and uses it as shield for fraudulent or improper conduct. Therefore, even if the company named Business Brothers Pty Ltd is taken as a subsidiary of Genki Ltd., the latter must not be held responsible for its actions.

Moreover, under the Act, a holding company becomes liable for the liability incurred by the subsidiary company when it is the parent company at the time of incurring a debt, is insolvent at that time or have reasonable grounds to suspect so, and one or more of the directors of the holding company is aware of the debt. In a 2016 case, Mr. and Mrs. Perrine were also the shareholders and directors of Perrine Pty Ltd, which held 39 out of 49.5 million issued shares in Perrinepod Pty Ltd. The company was declared insolvent in 2012. Perrine Pty Ltd was blamed for not foreseeing the upcoming insolvency of its subsidiary. The court held that Perrine Pty Ltd had no clue about the insolvency.

From this discussion, it is clear that Business Brothers is a subsidiary of Genki Ltd because two of the executive managing directors of the latter had 50% each share capital in the prior company. They were also listed as the directors of the company however, the company does not run any day-to-day activities of Genki Ltd. Therefore, it can be concluded that Business Brother Pty Ltd is a subsidiary company of Genki Ltd. Also, it is worth mentioning here that a subsidiary is a separate legal entity that does not make the parent company liable or responsible for its debts. It is the basic rule. However, under certain particular conditions, this corporate veil is pierced, and the directors are held responsible for the liability incurred by the subsidiary company of the holding company.

Bibliography

Acts

Section 45A Corporations Act 1989

Section 141 Corporations Act 1989

Section 134 Corporations Act 1989

Section 135(2) Corporations Act 1989

Section 249HA(1) and (3) Corporations Act 1989

Section 249L (a)(b)(c) and (d) Corporations Act 1989

Section 249T Corporations Act 1989

Section 136(2) Corporations Act 1989

Section 136(1)(b) Corporations Act 1989

NRMA Ltd v Snodgrass (2001) 37 ASCR 382

Section 140(2) Corporations Act 1989

Section 249HA(1) and (3) Corporations Act 1989

Section 141(1)(a) Corporations Act 1989

Section 140(2) Corporations Act 1989

Section 232 Corporations Act 1989

Section 127, 128, and 129 Corporations Act 1989

Section 46 of Corporations Act 1989

Section 588V of Corporations Act 2001

Case Laws

Australia and New Zealand Banking Group Limited v Adventure Quest Paintball- Skirmish Pty Limited [2016] NSWSC 188

Eley v Positive Government Security Life Assurance Co (1875)

Choc v Hudbay Minerals Inc. (2013 ONSC 1414)

Giovanni Maurizio as Liquidator of Perrinepod Pty Ltd v Perrine Architecture Pty Ltd (2016) WASC 145

Author Can Choose Title

Sanctuary policies of the United States

[Name]

[Institution]

[Date]

Sanctuary policies of the United States

Part 1: The mandatory arrest policies and preferential arrest policies.

Introduction:

On Jun 27, 2005, the United States Supreme Court announced to blow hat mandatory arrest Statutes. Police require a law to arrest batterers based on the belief that abuse has occurred regardless of any preference from the victim or officer discretion. Supreme Court came into action due to the case of Gonzales. In 199 the lad got an order to restrain domestic violence shielding her three daughters and herself from the abusive of Simon Gonzales her ex-husband. Gonzales killed his three daughters despite his wife repeatedly notifying the Castle Rock police department about the husband’s violation of the permanent restraining order. Supreme court took notice of the issue and find out that its enforcement of the restraining order was not mandatory. Thus, the Court dismissed her complains (Zelcer, 2014).

 However, the Supreme Court of the United States questioned the nature of the validity of the mandatory arrest nationwide. As a result of this decision legal scholars and advocacy organizations have criticized the backward step for domestic violence victims. The mandatory arrest law lack strong language and the state legislative action focuses on an amending the mandatory arrest laws by including stronger language which will help to give clear directions to the law enforcement process. The decision of the Castle rock aims to attack domestic violence rather than to protect the statutes of mandatory arrest (Zelcer, 2014).

Controversies about the mandatory arrest policies:

The mandatory arrest laws are not an ideal Weapons to fight against domestic violence because such laws give the crucial societal message that the intimate violence of partner is unacceptable. The symbolic significance seems powerful but the practical implications of the law are negligible. Mandatory arrest law is actually disempowering women because the law has failed to consider the preference of victim with regards to arrest. Many women do not want their husband to be arrested but these laws force them to prosecutor their husbands and as a result, a woman is subjected to the paternalistic presumption that victim knows less than the States. The laws reject the various pattern of abuse as the women have no role in the decision-making regarding arrest thus this mandatory is a provide temporary solution to the issue of domestic violence. The mandatory arrest la has also increased the potential to arrest woman more as police arrest both the victim and the batterer. The law has also been problematic to the women with children, as often the child custody law disfavor women (Zelcer, 2014).

Preferential arrests:

The proponents of mandatory arrest stress the message it sends to the victim, batterer and to general society regarding domestic violence. Mandatory assessment is not the successful, mean of handling this sentiment. However, a preferential arrest policy guarantees a promising compromise. The mandatory arrest statutes need to be replaced with preferential arrest statues. The preferential arrest law says that the state should arrest in certain circumstances and restrict the discretion of the police. Preferential laws arrest laws aim is to find out more than one response to domestic violence. It benefits victim by giving importance to their preferences and includes her point of view on the decision regarding the arrest. It also provides a chance for the police to listen to the suspect seriously (Zelcer, 2014).

Part II

I am going to take the approach that should reduce the harm created by this social issue of domestic violence by involving the offender, location triangle and the victim in the process. I am going to educate the members about the issues that are increasing in their locality so that they can understand their role in minimizing the issue of domestic violence and contribute in the policy makings (Rockridgencpc.com, n.d).  

Part III

Types of data that will be needed in the collection of evidence:

               The reaction of the offenders of domestic violence depends on the age distribution in the city, crime rate, ethnic composition, and climate. The data that re needed for the purpose of research should reveal the extreme circumstance in that specific area that set it apart from the rest of the United States. Data should be gathering about the specific ethnic group that is more involved in domestic violence. Data should also be highlighting the long-term effect on repeated violence in the area (Zelcer, 2014).

Part IV

Factors the committee should consider if the statuary status of the city is maintained:

If the city maintained its statuary nature, then it will increase the exposure to more arrest and encounter with deported agents. The city facilities should be banned on the citizens and city agencies would be prohibited to investigate the citizenship details of a person. The citizen would not come in contact with criteria for employment that would be based on their immigration status. A photo identity is issued to them that must be mentioning their country of origin and the access of sub-agencies to the personal information of the immigrants should be denied (Lasch et al., 2018).

If CCUSA is no longer be a sanctuary city, then it will not encounter law enforcement agencies too often, and the federal laws will be applied on it as do rest of the cities. If the city remains as a sanctuary then the victim could not be involved in the investigation process and the state will take in charge. The arrest made would not be based on proper evidence. If the city shifted from a sanctuary nature, then victim advocacy organization will work effectively within the city.

Part V

I would recommend the committee to finish its sanctuary nature and make policies to attract more federal funds. The committee needs to shift their mandatory arrest policies into preferential arrest policies to minimize domestic violence. They should also be invited in research to find the main cause of criminal violence in the locality.

References

Pa (2019). Rockridgencpc.com. Retrieved 6 August 2019, from https://www.rockridgencpc.com/documents/fliers/POPandSARA.pdfrt

Lasch, C. N., Chan, R. L., Eagly, I. V., Haynes, D. F., Lai, A., McCormick, E. M., & Stumpf, J. P. (2018). Understanding Sanctuary Cities. BCL Rev., 59, 1703.

Zelcer, A. M. (2014). Battling domestic violence: Replacing mandatory arrest laws with a trifecta of preferential arrest, officer education, and batterer treatment programs. Am. Crim. L. Rev., 51, 541.

Author Can Choose Title

ISIS and Terrorism

Author

Institution

ISIS and Terrorism

The history of the territory once held by the Ottoman empire records centuries of rises and falls of religious and other states of various forms. One that comes to mind while decoding this turbulent history is the Mamelukes, a long-lived caste of slave soldiers who became rulers of many territories before fading out. ISIS could just fold up and blow away, though people think it will have fragments drifting in and out for decades. Most of the scholars are of the view that the current wave of anti ‘crusader’ sentiment will create lots of debris ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ONQpgdV7","properties":{"formattedCitation":"(Gerges, 2017)","plainCitation":"(Gerges, 2017)","noteIndex":0},"citationItems":[{"id":894,"uris":["http://zotero.org/users/local/jsvqEXt1/items/5FCNWCLR"],"uri":["http://zotero.org/users/local/jsvqEXt1/items/5FCNWCLR"],"itemData":{"id":894,"type":"book","title":"Isis: A History","publisher":"Princeton University Press","source":"Google Scholar","title-short":"Isis","author":[{"family":"Gerges","given":"Fawaz A."}],"issued":{"date-parts":[["2017"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Gerges, 2017). The history of the Middle East going back thousands of years is remarkable for armed religious and other cults that emerged. ISIS is one of the worst contemporary organizations. The Taliban are not far behind. They dynamited the colossal Buddha statues of Bamiyan. The essay will discuss the history of ISIS along with its goals and what potential threats does it pose to the United States and the world at large. Moreover, the essay will focus on the counter-terrorism strategies that are effective in the aversion of terrorist attacks.

All About ISIS

The Inception of ISIS

The year 1999 marks the inception of ISIS. Musab al-Zarqawi was the man who laid the foundation stone of the organization with an aim to attack Shia Muslims. US invasion in Iraq added more fuel to the clout and in the year 2004, ISIS swore its allegiance to Osama Bin Laden. ISIS not only changed its name following the allegiance to Osama Bin Laden but also changed its targets i.e. from Shia Muslims to coalition forces in Iraq. Albeit, the organization became a daughter organization of Al-Qaeda group; however, ISIS was against the principle of Al-Qaeda. Al Qaeda was more focused on establishing more organizations of fighters, whereas ISIS was focused on targeting Sunnis in Iraq ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"GRevB9VF","properties":{"formattedCitation":"(Chaliand & Blin, 2016)","plainCitation":"(Chaliand & Blin, 2016)","noteIndex":0},"citationItems":[{"id":893,"uris":["http://zotero.org/users/local/jsvqEXt1/items/YNARUQSB"],"uri":["http://zotero.org/users/local/jsvqEXt1/items/YNARUQSB"],"itemData":{"id":893,"type":"book","title":"The history of terrorism: From antiquity to ISIS","publisher":"Univ of California Press","source":"Google Scholar","title-short":"The history of terrorism","author":[{"family":"Chaliand","given":"Gérard"},{"family":"Blin","given":"Arnaud"}],"issued":{"date-parts":[["2016"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Chaliand & Blin, 2016). Al Qaeda disowned ISIS virtually following the spat between two groups owing to the conflict in interests. Abu Bakar Al Baghdadi succeeded Zaraqawi following his demise and became the leader of ISIS.

Ideology of ISIS

ISIS and almost every other terrorist groups derive their ideology from Wahhabism, Wahhabism’s ideology spins around the purity of Muslim, which can only be applied through a strict form of sharia and the exclusion of all non-believer. Terrorist even take it a little further and start using this Ideology on fellow Muslims ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"HpiOvZoF","properties":{"formattedCitation":"(Zelin, 2014)","plainCitation":"(Zelin, 2014)","noteIndex":0},"citationItems":[{"id":892,"uris":["http://zotero.org/users/local/jsvqEXt1/items/2QMAC4QD"],"uri":["http://zotero.org/users/local/jsvqEXt1/items/2QMAC4QD"],"itemData":{"id":892,"type":"article-journal","title":"The war between ISIS and al-Qaeda for supremacy of the global jihadist movement","container-title":"The Washington Institute for Near East Policy","page":"1–11","volume":"20","issue":"1","source":"Google Scholar","author":[{"family":"Zelin","given":"Aaron Y."}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Zelin, 2014). So, if people do not swear their allegiance to Wahhabism then they will be considered as infidels by such organizations. People who support the beheading of others, Muslims like ISIS supporters that support the killing of other Muslims. Al Qaida leader al-Zawahiri said killing of Muslims is illegal, however, these people don't have any problems killing their own children if they go against their ideology.

Strengths and Weaknesses of ISIS

Strengths

ISIS has some advantages that make up for lack of technologically advanced weaponry. Following are the strengths of ISIS

One of the greatest strengths of ISIS is that it is indigenous to the region. The history and the race of ISIS are the same as the local population - the only difference between ISIS and the local populace is ideology.

ISIS is decentralized and fragmented.

The change of tactics by coalition or US forces is very slow, and this enhances the strength of ISIS and ISIS has continuously exploited this very easily.

The organization does not require sophisticated or state of the art equipment to carry out surveillance on US/UN forces.

ISIS fighters are nameless, faceless and stateless. If US/UN forces kill one fighter, three or five more pop up in their place. Half of the recruiting for ISIS is done by the US and Western Europe: Islamophobia in US society, the way Syrian refugees are being treated, France's ban on the burqa and etc.

Weaknesses

ISIS relies, in part, on the control of information to dominate and manipulate the populations they terrorize in the regions captured by their forces. However, social media tools ISIS supporters rely on can be used against them ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"kihpKlAh","properties":{"formattedCitation":"(Chaliand & Blin, 2016)","plainCitation":"(Chaliand & Blin, 2016)","noteIndex":0},"citationItems":[{"id":893,"uris":["http://zotero.org/users/local/jsvqEXt1/items/YNARUQSB"],"uri":["http://zotero.org/users/local/jsvqEXt1/items/YNARUQSB"],"itemData":{"id":893,"type":"book","title":"The history of terrorism: From antiquity to ISIS","publisher":"Univ of California Press","source":"Google Scholar","title-short":"The history of terrorism","author":[{"family":"Chaliand","given":"Gérard"},{"family":"Blin","given":"Arnaud"}],"issued":{"date-parts":[["2016"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Chaliand & Blin, 2016). Fighting with all other rebels on the territories is the other fatal mistake ISIS leaders have committed.

Purpose

The purpose of ISIS is to reject all sorts of incongruities in the religion. The main purpose of ISIS is to bring the Caliphate system back and builds the whole system on the Salafi principle. ISIS observes a stricter form of Sunni Islam known as Salafi. It openly promotes religious violence, and murdering Muslims who do not agree with their goals. They are committed towards the Wahhabi movement which the Sunni Muslims had started. It has embraced slavery and crucifixion without any inhibition.

Counter-Terrorism Strategy

Terrorism is a very multi-headed beast. It cannot be solved by one method alone. The sole use of force creates terrorism. The sole use of diplomacy creates weakness. A combination of different factors helps in any given terrorist situation. The following strategy could be the most effective strategy for countering terrorism.

Education

When the problems were happening in Northern Ireland, there were a number of attempts to bring the two sides together. There were a number of kids who were taken on weekends away in order to get them to mix. They learned that they were not the horrors that their own side said they were. “Most of us remember watching a documentary on it when we were kids and a really sad thing was that the two sides were able to walk down the same street but the street was divided by a massive barbed wire fence” ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Vor4VZ3V","properties":{"formattedCitation":"(Brady, 2017)","plainCitation":"(Brady, 2017)","noteIndex":0},"citationItems":[{"id":898,"uris":["http://zotero.org/users/local/jsvqEXt1/items/UJLCXPZ2"],"uri":["http://zotero.org/users/local/jsvqEXt1/items/UJLCXPZ2"],"itemData":{"id":898,"type":"article-journal","title":"Framing and Assessing the Counter-Terrorism Efforts of the United States between 2001 and 2011","source":"Google Scholar","author":[{"family":"Brady","given":"Kyle R."}],"issued":{"date-parts":[["2017"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Brady, 2017). The fact is when people remember that “Terrorists” are people and that they have many different issues, we can start walking a path that reminds us that we are all humans.

Diplomacy

The issue that people forget that with terrorism is that it is one thing to get rid of the terrorists, but it is another to make sure that they don't come back again. Time and time again, history has shown us that violence begets violence ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"tbWdLL1z","properties":{"formattedCitation":"(Brady, 2017)","plainCitation":"(Brady, 2017)","noteIndex":0},"citationItems":[{"id":898,"uris":["http://zotero.org/users/local/jsvqEXt1/items/UJLCXPZ2"],"uri":["http://zotero.org/users/local/jsvqEXt1/items/UJLCXPZ2"],"itemData":{"id":898,"type":"article-journal","title":"Framing and Assessing the Counter-Terrorism Efforts of the United States between 2001 and 2011","source":"Google Scholar","author":[{"family":"Brady","given":"Kyle R."}],"issued":{"date-parts":[["2017"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Brady, 2017). With diplomacy, we help to see past the violence and help solve the problems that are in the background. Northern Ireland has calmed down a lot. This wasn't through the use of fire-power.

Patience

We want to solve terrorism; we need to wait and think. It is like dancing on the head of a pin. One wrong move and we are out. Terrorism is far more than violence. We need to see the issues that are in the background and the reasons that lead them down the dark path they are on. We can only solve terrorism by waiting and thinking and talking. North Korea and South Korea spent almost three years discussing the room that they would discuss things in. They have made a lot of headway since they first raised the wall.

Appropriate use of Military

No terrorist organization has been totally solved with words. Horrible as it is to say, there are times when the military is going to be needed. We will need to use the military in the correct manner in order to kill the extremists of that organization. The fact is that the terrorists want to gain political and military might. We have to have teeth to bite back. Sometimes the use of force becomes inexorable to overcome terrorist issues.

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Brady, K. R. (2017). Framing and Assessing the Counter-Terrorism Efforts of the United States between 2001 and 2011.

Chaliand, G., & Blin, A. (2016). The history of terrorism: From antiquity to ISIS. Univ of California Press.

Gerges, F. A. (2017). Isis: A History. Princeton University Press.

Zelin, A. Y. (2014). The war between ISIS and al-Qaeda for supremacy of the global jihadist movement. The Washington Institute for Near East Policy, 20(1), 1–11.

Author Choose

The motivation for Joining Terrorist Organizations

Author

Institution

The motivation for Joining Terrorist Organization

Terrorism is primarily due to social, political, and economic factors. Religious extremism appears secondary in this pool. Terrorist organizations recruit young men i.e. by providing a surrogate "family" and making angry young men feel like they're doing something that gives meaning to their life. This is why people join street gangs, cults, hate groups, and, of course, religious extremists. They're incredibly violent, but keep in mind that ISIS emerged from brutal warfare. They didn't just come around butchering people all of sudden, however, there was plenty of brutalities before they came around.

Why so many young people in some areas turn to terrorism? Look at the social, political, and economic factors in their home countries and regions. Look at the effects of globalization, economic inequality, and the type of educational and job opportunities available to them. Actually, this was really well explored in the 2005 George Clooney film "Syriana." It follows a young man's journey to ultimately becoming a terrorist. Social, political, and economic factors load the gun. Religious extremism just aims it.

When people become inspired by acts of violence, it’s because they perceive the act of violence as being a brave blow against a legitimate target, and they feel inspired to do likewise. Terrorism in that respect is no different from any other act of war. People generally react to the terrorism with stupefied horror save its victims and those who do not sympathize with the terrorists ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"rxc0WDic","properties":{"formattedCitation":"(Mueller & Stewart, 2016)","plainCitation":"(Mueller & Stewart, 2016)","noteIndex":0},"citationItems":[{"id":901,"uris":["http://zotero.org/users/local/jsvqEXt1/items/EHIHFYKJ"],"uri":["http://zotero.org/users/local/jsvqEXt1/items/EHIHFYKJ"],"itemData":{"id":901,"type":"book","title":"Chasing ghosts: The policing of terrorism","publisher":"Oxford University Press","source":"Google Scholar","title-short":"Chasing ghosts","author":[{"family":"Mueller","given":"John E."},{"family":"Stewart","given":"Mark G."}],"issued":{"date-parts":[["2016"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Mueller & Stewart, 2016). Terrorism is the mirror of the mindset that sees ‘terrorists’ as being a monolithic and inexplicable bloc of people. Terrorists who carry out mass attacks have got to the point—often they have been shoved at least part of the way there—where they see their targets not as individual people but as interchangeable members of the target group ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Dzz0MrmW","properties":{"formattedCitation":"(Mueller & Stewart, 2016)","plainCitation":"(Mueller & Stewart, 2016)","noteIndex":0},"citationItems":[{"id":901,"uris":["http://zotero.org/users/local/jsvqEXt1/items/EHIHFYKJ"],"uri":["http://zotero.org/users/local/jsvqEXt1/items/EHIHFYKJ"],"itemData":{"id":901,"type":"book","title":"Chasing ghosts: The policing of terrorism","publisher":"Oxford University Press","source":"Google Scholar","title-short":"Chasing ghosts","author":[{"family":"Mueller","given":"John E."},{"family":"Stewart","given":"Mark G."}],"issued":{"date-parts":[["2016"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Mueller & Stewart, 2016). Just as the target group sees the terrorists not as people with hopes and frustrations but as interchangeable, insect-like ‘terrorist’ who live in ‘the woodwork’. Terrorism is reduced by making people feel like they’re better off not being terrorist. It is a tactic of the desperate, even when it’s funded by the wealthy.

The difference between terrorism and hate crime as portrayed by western media identifies a glitch in the social machinery of the West. We can hardly find any new strategy in Western policy when it comes to muddling through far-right extremism perpetrated against Muslims. Whenever a Muslim man is charged with terrorism, he makes a front-page story, and Western media would start calling him an ISIS enthusiast. He not only represents a terrorist group but the Muslim community as a whole. This explains the wholesale treatment of Muslims as a suspect community. However, if a white man commits the same crime, of the same intensity, it is viewed with a different lens ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"RtguXL6d","properties":{"formattedCitation":"(Morgan, 2004)","plainCitation":"(Morgan, 2004)","noteIndex":0},"citationItems":[{"id":904,"uris":["http://zotero.org/users/local/jsvqEXt1/items/AQR8VK7S"],"uri":["http://zotero.org/users/local/jsvqEXt1/items/AQR8VK7S"],"itemData":{"id":904,"type":"report","title":"The origins of the new terrorism","publisher":"MILITARY IN℡LIGENCE BN (125TH) SCHOFIELD BARRACKS HI","source":"Google Scholar","author":[{"family":"Morgan","given":"Matthew J."}],"issued":{"date-parts":[["2004"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Morgan, 2004). The same media who branded Muslim as an ISIS manic would brand a white man as an ‘angelic boy’ with a juvenile picture of him. In most of the cases, it is a secondary news item.

The Muslim community has been mutilated over the years in the wake of War on Terror. The venomous rhetoric of the West has poisoned their lives with fear. The gesticulation of Western leaders at such incidents has fanned the flames of terrorism. Explicit efforts of media have created an organic link between Islam and terrorism. Mantras of ‘Never Forget’, following the 9/11 attacks, are grounded on the assumption that westerners have been compelled to see Islam as a potential threat to their culture, race or civilization. Evidence of western hypocrisy is borne out by the research carried out in 2015.

Muslims are blamed for harboring terrorists. But going down the aisle of history exposes a deep crack in Western and especially American grandeur. Their rational domain has been restricted to “Never Forget” that Islamic Fundamentalism is a threat to their very existence. However, they have worked so hard to distemper their historical brutalities. Yes, they have forgotten the US-sponsored Phoenix Program ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"wPztP4IJ","properties":{"formattedCitation":"(Morgan, 2004)","plainCitation":"(Morgan, 2004)","noteIndex":0},"citationItems":[{"id":904,"uris":["http://zotero.org/users/local/jsvqEXt1/items/AQR8VK7S"],"uri":["http://zotero.org/users/local/jsvqEXt1/items/AQR8VK7S"],"itemData":{"id":904,"type":"report","title":"The origins of the new terrorism","publisher":"MILITARY IN℡LIGENCE BN (125TH) SCHOFIELD BARRACKS HI","source":"Google Scholar","author":[{"family":"Morgan","given":"Matthew J."}],"issued":{"date-parts":[["2004"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Morgan, 2004). The operation which annihilated some forty thousand people. It’s really a surprise that they have overlooked torture cell in ‘Abu Gharib’ and CIA black sites. History propounds the view that they need to tell the truth about themselves and their sins.

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Morgan, M. J. (2004). The origins of the new terrorism. MILITARY IN℡LIGENCE BN (125TH) SCHOFIELD BARRACKS HI.

Mueller, J. E., & Stewart, M. G. (2016). Chasing ghosts: The policing of terrorism. Oxford University Press.

Author Chooses

Law and International Law

In the ancient times, people used to celebrate different seasons or events for different purposes. May Day is also one of such events, which was celebrated in regions with different perspectives. The analysis of the history indicates the origin of this day in the Woodland Epoch. The day was celebrated in to honor the saints, James and Philip. The Saints were unwilling slaves of the Empire. They both got famous due to their obedience, slavery, and death. James neither drank nor shaved and spent so much time in praying on his knees, whereas Philip refused to follow Jesus by telling about his fathers’ funeral. Due to the disobedience to Jesus, Philip was crucified head downwards, whereas James was stoned to death. On the other hand, the farmers and the workers of the Middle Ages preserved the May Green for hundreds of holy days. These both stories the death of Saints and preservation of May Green develop the red side and green side of the story. Which lead to the reinvigoration of the May Day Mega-Marches in 2006. Now, this study aims to explore the history of red and green May Day and the re-invigoration of the May Day Mega-Marches in 2006.

Historically, the Red side of the story is more prominent and well-known than the Green side. This is because the red side indicates the blood and the green side is about the grass garlands. The story started from Chicago when the native Americans harvested the green lands and appeared as pharaohs. The land was mechanized, the food prices were reduced, and then the vitamins and proteins were spread through the whole world. In 1849, the Cyrus McCormick wielded the surgeon’s knife and hired 1,500 reapers to harvest the grains and grasses. The strength of the reaper reached to 80,000 in 1884 and many of the people were forced to work hard to harvest the vegetables and green areas. Finally, the labour stood against to their employers in 1867 and went on strike for eight hours. This was the first time when May was celebrated for the rights of the labour.

With the passage of time, the meaning of labour changed to slavery and many of the Germans and African Americans, after Civil War, were immigrated to the Green areas to work and harvest the lands. The trends of taking work from the labour also changed, and the Chicago police started using Gatling guns against the workers, who protested to work in the gardens. At that time, the employers used to have high percentage of profit, whereas very little margin was set as wages of the workers. In 1886, McCormick cut wages 15% and set its profit up to 71%. The labour went on protest and police killed the protesting labour. Finally, on May First 1886, the Federation of Organized Trade and Labour Unions of the United States and Canada declared May 1, as the National Labour Day or ‘The Day of the Chicago Martyrs.’

In 1907 Sam Gompers sent an emissary to the Europe in which it requested the authorities to proclaim May 1 as the International Labour Day, and declared it as a holiday worldwide. However, this led to several conflicts between different nations. Also, in 1894, the President Grover Cleveland announced that the American Labour will celebrate first Monday of the September as the national Labour Day, which divided the international working class. As a result a lot of workers began marching, and showed their great strength as ‘big march on Washington’ on May 1894. The fight of labour continued to the twentieth century and Red side of May Day became scarlet with the slaughtering of ten million people in World War I. On May Day 1919, the young telephone workers and 20,000 workers in Lawrence went on strike for eight hours.

Historically, the Red side of the story is more prominent and well-known than the Green side. This is because the red side indicates the blood and the green side is about the grass garlands. The story started from Chicago when the native Americans harvested the green lands and appeared as pharaohs. The land was mechanized, the food prices were reduced, and then the vitamins and proteins were spread through the whole world. In 1849, the Cyrus McCormick wielded the surgeon’s knife and hired 1,500 reapers to harvest the grains and grasses. The strength of the reaper reached to 80,000 in 1884 and many of the people were forced to work hard to harvest the vegetables and green areas. Finally, the labour stood against to their employers in 1867 and went on strike for eight hours. This was the first time when May was celebrated for the rights of the labour.

With the passage of time, the meaning of labour changed to slavery and many of the Germans and African Americans, after Civil War, were immigrated to the Green areas to work and harvest the lands. The trends of taking work from the labour also changed, and the Chicago police started using Gatling guns against the workers, who protested to work in the gardens. At that time, the employers used to have high percentage of profit, whereas very little margin was set as wages of the workers. In 1886, McCormick cut wages 15% and set its profit up to 71%. The labour went on protest and police killed the protesting labour. Finally, on May First 1886, the Federation of Organized Trade and Labour Unions of the United States and Canada declared May 1, as the National Labour Day or ‘The Day of the Chicago Martyrs CITATION ANA17 \l 1033 \m Pet06 (PAIK, 2017; Linebaugh, 2006).’

In 1907 Sam Gompers sent an emissary to the Europe in which it requested the authorities to proclaim May 1 as the International Labour Day, and declared it as a holiday worldwide. However, this led to several conflicts between different nations. Also, in 1894, the President Grover Cleveland announced that the American Labour will celebrate first Monday of the September as the national Labour Day, which divided the international working class. As a result a lot of workers began marching, and showed their great strength as ‘big march on Washington’ on May 1894. The fight of labour continued to the twentieth century and Red side of May Day became scarlet with the slaughtering of ten million people in World War I. On May Day 1919, the young telephone workers and 20,000 workers in Lawrence went on strike for eight hours.

References

BIBLIOGRAPHY \l 1033 Linebaugh, P. (2006). The incomplete, true, authentic and wonderful. The Anarchist Library.

PAIK, A. N. (2017). Abolitionist futures and the US. SAGE.

Aviaton Law

Aviation Law

Student’s Name

Institution

Introduction

The crushed of the Boeing 727-231 aircraft was looked different by the court and National Transport and Safety Board (NTSB). The Boeing 727-231 aircraft crushed 25 nautical miles, northwest of Dulles International, Washington DC, killing all 95 people onboard. The NTSB on their part of the investigation blamed human error as the cause of aircraft crushed. The NTSB pointed out that the pilot decision to descend to 1800 feet until the pilot could not see clear. Therefore, was also miscommunication between the pilot and the control tower and this therefore, made it impossible for pilot to have safe landing.

In the cases, the NTSB tries to blame the pilot on the crush and illustrated that the pilot decision to descend to 1800 feet is the main cause of the problem. The court put blames on the FAA and therefore, it pointed out that the United States was liable to the cause of the accident. Though both court and NTSB report pointed on the human errors as the cause of aircraft craft, the NTSB blame the pilot to take away blame from the FAA and the United States. The court determined that the air traffic procedures were not properly followed by the air traffic controller leading to failure to provide assurance as required by the FAA law and regulations. The air traffic controller failed to inform the pilot that the weather condition does not permit descending. In contrast, the NTSB concluded that the pilot failed to follow procedures as provided by the air traffic controller and therefore, the crush of the aircraft should be blame on the pilot.

It is evident that the court and NTSB provided different opinion regarding the cause of the accident. But the NTSB and the court made a similar decision that human error and bad weather accelerated to the crush of the aircraft.

“Australia’s Regulation Of The Use Of Animals Is Typified By Regulatory Failure To Adequately Protect Animal Welfare.” Do You Agree?

Australia’s regulation of the use of animals is typified by regulatory failure to adequately protect animal welfare.” Do you agree?

Name of the Writer

Name of the University

Australia’s regulation of the use of animals is typified by regulatory failure to adequately protect animal welfare.” Do you agree?

Introduction

Governments and the State are responsible for the protection and effective implementation of laws. These laws and regulations can cover a wide variety of aspects of the life of a common law. Just as this, it is also the responsibility of these entities to for welfare and animal production laws and the level of their enforcement in their operational framework. The state does this by the administration of the legal laws that protect the welfare of the animals and prevent any sort of cruelty to occur to those animals. This is one of the methods used by governments to enforce such laws. For the purposes of the Australia’s Livestock Industries, a set of principles and codes have been developed, which are known as Model Codes of Practice for the Welfare of Animals. These codes have the ability to serve as the guide that can be followed on a voluntary basis and is important for those people that have under their care and are responsible for the welfare of a multitude of livestock animals. Keeping with the theme, this essay looks to analyse two case studies related to live export and use of animals in entertainment. This analysis will look at the different factors within the case studies and the laws that are applicable on them.

Discussion

The primary case study involved in this essay is related to the export of Live Cattle to Indonesia from Australia. Indonesia is one of the biggest markets for the export of Australian live cattle. There is a myriad of reasons for Indonesia being one of the biggest importers of Australian cattle. Indonesia itself does not have any methods through which they can meet the country’s ever going demand for red meat. This is why Australia exports live cattle to Indonesia in order to meet this market and its ever-going demand. Furthermore, the meat of cattle provides the necessary source of iron that is needed for the proper development of any human being. Iron has a variety of benefits for the human body and is essential in the formation of the important parts of the body that are integral for its proper working. This makes Indonesia an astounding market and one that has been fully tapped by Australia.

The cattle that usually comes into Indonesia is exported from Darwin (NT) or the city of Broome (Western Australia). This export is mostly carried out by both boats and planes. The thing is that during transport, there are people that are there to take care of the cattle while on the voyage. Furthermore, they are given plenty amount of food and water for the animals for their journey. This way, more than ninety nine percent of the cattle that arrives in Indonesia from Australia is fit and healthy upon arrival. When the cattle arrive, they are unloaded from the boats and are then placed on the drafting pens. From there onwards, they are kept in feedlots, this is where they are kept for a variable amount of time. It could be anywhere from a few days to several months. They are kept at this place in order to fatten them up and once it is visible that the cattle have fattened up, they are then sent to the abattoirs.

The cattle are humanely killed at the abattoirs and are then cut into beef slices that people enjoy very much. However, the Minister for Agriculture, Fisheries and Forestry for the country of Australia on 7th June 2011, banned all exports of cattle from Australia to the Indonesia. This was mostly done on the basis that there was inhuman treatment and slaughter of cattle in several different abattoirs. The basis of this decision was a leaked video that showed the inhumane slaughter of animals in a very small portions of abattoirs. This piece of news was very alarming for not only Indonesia but a multitude of news agencies in other countries that had also picked onto this story. There was a huge public outcry regarding how gruesomely animals were being treated in some of those abattoirs. Furthermore, it was also broadcasted in a documentary done by ABC. The visuals were overwhelmingly atrocious showing animals being whipped, slashed and beaten. They were further showed to have been suffering in terrible pain even before they were going to be slaughtered.

Australia has a tight policy on cruelty upon animals that are exported live to other countries such as Indonesia. The Minister for Agriculture of Australia, responded immensely to the allegations that had been made by the ABC documentary on the abattoirs of Indonesia. Primarily, the ban was supposed to start as a suspension of six months on the shipments that would have been sent to Indonesia. The Australian point of view was straightforward and detailed that the sustainability of the live cattle export industry is based on safeguarding the welfare of the animals that are integral for this system. Furthermore, their prerogative was that the trade between Australia and Indonesia would only be started if and only if the livestock industry within Indonesia is able to comply with the international guidelines of animal welfare. With the advent of the documentation, there was a huge outpour of rage regarding how an Australian asset is being treated overseas. Furthermore, in light of these events, it was even spread that a blanket ban has been considered. This ban stopped around two thousand cattle that were being boarded from Western Australia to Indonesia and was stopped in its tracks.

However, this had some disastrous effects for the beef farmers and the ones who export beef on a regular basis as well. This was because this ban came without any warning and the video was so exaggerated that nobody thought to look at how old the video was, as portions of it were older than four years. The Australian government has reaffirmed their action regarding working with the Indonesian government in order to build a sustainable future for the export of cattle. Furthermore, the animal welfare experts regularly deliver programs that train and educate to the stock men within the feedlots. The hope is that they would be able to take care of the animals safely and in a more efficient manner.

On the other hand, there are some gruesome stories to be heard about how animals are being treated in circuses, all for the entertainment of a few. Most children dream of running away and joining the circus but every animal in captivity in the circus wishes to run away from the circus. Everyone loves circuses, their colourful pageantry, and the animals playing and doing the most extra ordinary tricks that one can imagine. All this glitz and glamour hides the fact that these animals are captives and are disciplined by using threats of punishment. All this is done so that they become a piece of admiration for the people sitting in the stands. However, the tricks they play are uncomfortable, confusing, painful and repetitious. The appeal of the circuses would definitely vanish once the people realize their reality and know about the cruel methods that are used in order to train these animals. Furthermore, they have to suffer confinement, cramped spaces, and inhumane travel conditions.

There is no adequate care and access to basic necessities of life such as vet care, food and water for animals within circuses. This is because circuses are always on the move and this makes them unable to access all these important services that are important for the health of the animals under their care. These animals, who are naturally very big and are also very active are forced to travel and stay in cramped spaces such as cages and trailers. These are then used for transporting them across long distances. They are only allowed to leave these small places only when they have to go in front of a crowd to perform or have to practice for the tricks beforehand. The minimal requirements of the Animal Welfare Act are ignored and even elephants are placed in leg shackles that completely restrain their movement. This severely impacts their development and their physiology is directly affected by these actions.

The treatment of animals such as primates, chimpanzees and baboons are a far cry from what their relatives in the jungle are accustomed to. Where in the jungle, they live in close knit communities that are large and well knitted who are meant to travel each day to different hills, forests and savannahs. It is found that the primates are found to be highly intelligent and caring animals who actually suffer from companionship that when deprived of, they cannot survive. After having a look at the video footage comprising of baboons who are travelling in different circuses are not only in pathetic condition but it calls of the attention of people who are of the view that wildlife should be saved. The circus “Baboon Lagoon”, is one of the clear and accurate examples of this cruelty that is seen in the lives of baboons and monkeys, where it is observed that baboons are actually trained and told to do so. Also, it is highlighted that the research conducted by Dr Robert Sapolsky is another vision or product of this fact, taking into account the significance of tricks that are displayed by these animals. It is very obvious that teaching and training animals will definitely require same intimidation and punishment that is actually not acceptable. It is highlighted that during the offseason, there are a lot of animals who are seen housed and then travelling in barn stalls and carts while many of them are kept in the trucks. Such and many their interminable realms and restrictions can harm in a number of ways, such as psychological and physical casting highly tormenting effect on the animals. This ere action and unacceptance can be traced in different forms such as swaying, head hoping and the pacing of head. There are a lot of cases in which animals are beaten brutality submit themselves to the owner. It is highlighted that physical punishment uses one of the stand methods that is being used by people to treat animals. Animals are shocked, whipped and beaten in order to make them habitual of reforming the duties that they might not be able to p [reform under normal conditions and in their actual mood. According to AWA, animals are treated by using whips electrical shocks and many other devices such as circus trainer and bullocks that can help to train the animals. Also, some animals are drugged when they are sent for training with an idea that the effect of drug will ace it easy to manage them and it will automatically help to remove the unwanted organs such as claws and teeth of the animals.

The undercover investigation and analysis of Carson & Baron, it is highlighted that the animals are attached, they are cursed at and they are shocked endangered Asian Elephants. According to the instructions that were given by Frisco, one of the trainers at the elephant Tari Berm. it is brought into insight that the elephants are beaten and they are seen beaten by and then trusted by the people. Clyde Beatty-Cole Bros Circus is another such example that highlighted that US Department of Agriculture are taking radicle steps to overcome animal welfare violations taking into account the congress testimony that is given but elephant keeper. It is also found that there are a lot of animals who adopt rebellious attitude when they see themselves as being attacked and hampered by the trainers, one such example is of Flora, an elephant who was forced to perform in the circus and then was moved to the zoo where she injured and hampered the zoo-keeper. On illustration of animal rights is given by Palm Bay that elephants and other animals are trying to male human realize that they are not made for it but humans are continuously ignoring it.

Most of the Australian people are fighting for more and more reforms in the current framework of rules and regulations for the welfare of the animals. A good chunk of the Australian population has become increasingly interested in knowing how animals at the farm are reared and coupling this with a higher number of meat buyers that consider the ethics relating to the products that they buy. This has led to the increasing number of people that want to know and question the reality of animal welfare in the Australian food industry. According to several reports, around ninety percent of the people in Australia are becoming increasingly concerned about how the animals are treated in farms, while transporting and even in circuses. The country needs to head towards a stronger set of rules and regulation that make a person think twice about putting the life of an animal at jeopardy for their own gain. Furthermore, stricter sentencing and penalties should also be introduced in order to deter any thinking that might lead to harm to any animal.

These rules will help in training the minds of different people within the country. This will ethically empower the people to understand the values related to the welfare of animals. This will further improve the lives of animals held hostage and in captivity by any number of people around the country. Also, these policies would be based on science and research, which will prove to be very practical for industries to implement as well. This is because there has been a higher tilt towards cage free animal products from the consumer side and it would be very beneficial for the industries to implement such policies that get them closer to the customer demand. One last thing that could be done is to bring about a grading system for vendors that have the most to least humane food. This would make businesses get increasingly involved into the conditions of the animals being used in their product and influence them to work on negotiating deals with suppliers that uphold those morals and values.

Conclusion

In the analysis of the two case studies and case laws, it is highlighted that there are several violations of animal rights that need to be taken into consideration. Law making authorities need to take different efforts that not only assert the significance to animal rights in terms of protection of animals, strategies for the survival and the approach that can help to deal with people who try to captivate, torture and hurt animals. Also, there is a dire need to make laws that can ensure that all animals should be given the right to live with freedom and survive.

Bibliography

Journals

Hoy-Gerlach, Janet, Martha Delgado, Heather Sloane, and Phil Arkow. "Rediscovering connections between animal welfare and human welfare: creating social work internships at a humane society." Journal of Social Work 19, no. 2 (2019): 216-232.

Blokhuis, Harry, Isabelle Veissier, Mara Miele, and Bryan Jones. "Safeguarding farm animal welfare." Sustainability Certification Schemes in the Agricultural and Natural Resource Sectors: Outcomes for Society and the Environment (2019): 137.

Latacz‐Lohmann, Uwe, and Julia Anette Schreiner. "Assessing Consumer and Producer Preferences for Animal Welfare Using a Common Elicitation Format." Journal of Agricultural Economics (2019).

Browning H. The Natural Behaviour Debate: Two Conceptions of Animal Welfare. Journal of Applied Animal Welfare Science. 2019 Sep 29:1-3.

Online

Richardson S. The Effect of Democracy, Development, Religion and Science on Animal Welfare.

Carr, N. and Broom, D.M., 2018. Tourism and animal welfare. CABI.

"Live Animal Exports". 2019. Ethical Issues In Agriculture. Accessed October 29 2019. http://ethicalissuesinagriculture.weebly.com/live-animal-exports.html.

"Circuses: Three Rings Of Abuse | PETA". 2003. PETA. Accessed October 29 2019. https://www.peta.org/issues/animals-in-entertainment/animals-used-entertainment-factsheets/circuses-three-rings-abuse/.

Black Dolphin Prison

BLACK DOLPHIN PRISON

NAME OF WRITER

DESCRIPTIVE WRITING

INSTRUCTOR’S NAME

DATE

Black Dolphin prison is Russia’s most dangerous prison which is home to Russia’s worst serial killers, cannibals and terrorists. It is situated near the border with Kazakhstan and is being operated in different shapes since 1700’s. The jail is named after the dolphin sculpture that is situated on the grass right Infront of the prison. This sculpture was created by the prisoners themselves . Russia’s infamous Chechen terrorists are also imprisoned here. There are almost 700 prisoners who has charges of killing more than 4000 people.

In the prison, every detainee is kept in a single cell and is allowed to be taken out to a barren concrete exercise yard only for 90 minutes per day. They are kept under 24 hours observation with strict supervision by guards every other 15 minutes. Inmates are not allowed to take any rest or sit down during waking hours; they are fed only on soup and bread. Moreover, when they are being transported, they are not allowed to walk straight and are forced to walk bent downwards and sometimes even blindfolded. This is done so to prevent them from possibly mapping out the prison. The prisoners in the cells are detained in cells with layerd thick steel doors. Apart from that, further steel bars separate the living area from doors and windows to create a cell within a cell. No compartments are allowed on the ground floor to prevent inmates from escaping through tunnels.

The structure and rules of Black dolphin may be different from any normal cells in America. However, the administration of black panther also tries to focus on the facilities provided to inmates. The cells are equipped with proper TV sets as well as a library is built to give access to inmates, books or newspapers if they want to read it. The facility also has a praying area in the form of a church and like other American prisons, Inmates are allowed to make calls and meet their relatives and friends.

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY RT International. “Black Dolphin: RT Gets inside Russia’s Most Fearsome Supermax No One’s Ever Escaped from.” Accessed October 16, 2019. https://www.rt.com/news/410803-high-security-prison-russia/.

Charlton, Corey, and The Sun. “Russia’s ‘Black Dolphin’ Prison Is Full of Terrorists, Pedophiles and Cannibals.” New York Post (blog), November 28, 2017. https://nypost.com/2017/11/28/russias-black-dolphin-prison-is-full-of-terrorists-pedophiles-and-cannibals/.

The Sun. “World’s Most Dangerous Prisons Revealed Where Death and Violence Are Part of Daily Life and Cannibals, Cartel Leaders, and Paedos Live Side by Side,” July 10, 2017. https://www.thesun.co.uk/news/3969827/they-are-the-prisons-that-keep-cannibals-serial-killers-and-cartel-leaders-locked-up-so-whats-it-like-behind-bars-at-some-of-the-worlds-most-dangerous-prisons/.

Business Law

Your Name

Instructor Name

Course Number

Date

Business law

A stakeholder is the one who is affected by the decisions made by the different decision-makers and a stakeholder may be any customer, employer, group of employees, and a supplier. Based on the scenario provided, this paper aims to evaluate the impacts on the stakeholders.

Before publishing anything or giving documents to others, it is important to ask for the copyright of the original stakeholders. In this scenario, some of the professors have posted a book that was supposed to be sold by charging the customers. The aim of the customers was to assist the students who were not being able to pay the amount to have access to the book. Being the CEO of Eastlane, I believe that, there has to be maintained of the copyrights and it is against the rights of the stakeholders to provide free access to resources sometimes. Stakeholders and the ethical dilemma mean that there has to be an identification of the ethical behaviors regarding stakeholders is important. When they are not identified, unethical decision-making takes place.

In this scenario, upon bringing the infringement suit against HSU, this will make an impact on the stakeholders. If I do not take any legal action against these professors, this will make an impact on the copyrights and business of the stakeholders. Not taking any decision can be considered unethical. If I make a decision that will support professors and students, this will help them to continue their studies. However, there has to be one decision to ensure business ethics. If the supply of this source continues, it means that the Eastlanes policy will be violated and this will cause huge losses in the business. As the professors have charged the students, therefore, an important solution is to take that amount from them as a penalty and give it to the original service providers. Another solution is to make policies to give access that can be affordable for all, but this will make impacts on the business. This has to be negotiable for both groups, students and stakeholders.

Works Cited

AuthorLastName, FirstName. Title of the Book Being Referenced. City Name: Name of Publisher, Year. Type of Medium (e.g., Print).

LastName, First, Middle. “Article Title.” Journal Title (Year): Pages From - To. Print.

Business Law

Business Law

[Author Name(s), First M. Last, Omit Titles and Degrees]

[Institutional Affiliation(s)]

Author Note

[Include any grant/funding information and a complete correspondence address.]

Business Law

My friend appears here like Shakespearean tragic hero Hamlet: To be, or not to be. Business ethics that a certain basic level of trust between stakeholders must not be broken at any cost are at one side of his mind and to commit a minor ethical offense because he is uncertain whether his honest job would produce any good for him is at another side (Sternberg, 2000). He has been an honest leaner since the start of his degree and this is the actual reason that he is facing the dilemma of compromising his honesty because it might not cause any serious harm to his professor, study, or his life although he is afraid of being caught.

One solution is to give a bold attempt to complete the assignment before the due date that is a bit difficult whereas the other solution is to cheat that is risky. My friend or I when falling in this situation as major stakeholders and we have to do the right thing, but we also have to decide what is right in this particular situation. The other involved stakeholder is the professor of the subject and the classmates (Mann, & Roberts, 2011)

. Simply choosing a way of cheating might encourage the trend of cheating and it can also become a permanent part of the lives of students who are involved. Moreover, if the trust breaks, it might cause harm to our career or the ruining of the classroom environment where the professor might start dealing with his student as deceit convicts instead of a student.

One involved stakeholder (the student) considers that the assignment is not worthy enough to be written honestly because the teacher might not check, but the business ethics ask: what if he checks? If the student thinks that he/she can risk the trust he/she and his/her professor have between them and it would bring no harm to his career or studies, he/she should not waste time in writing a useless assignment and should consume time in some other useful activity. On the other hand, if he considers trusting the most valuable thing for a business, risking the most valuable thing is insane.

References

Sternberg, E. (2000). Just business: Business ethics in action.

Mann, R. A., & Roberts, B. S. (2011). Smith and Roberson’s business law. Cengage Learning.

Business Law

Business Law

Student’s Name

Name of Class

Name of Professor

Name of School

City and State

Date

Contents

TOC \o "1-3" \h \z \u Executive summary PAGEREF _Toc8233826 \h 3

1.0.Business Law: Application of ILAC rule PAGEREF _Toc8233827 \h 4

1.1.Issues one PAGEREF _Toc8233828 \h 4

1.2.The rule applied, and Analysis of the rule used PAGEREF _Toc8233829 \h 4

1.3.Issue two PAGEREF _Toc8233830 \h 5

1.4.The law applied in point PAGEREF _Toc8233831 \h 5

1.5. Analysis of case PAGEREF _Toc8233832 \h 6

1.6.References List PAGEREF _Toc8233833 \h 7

Executive summary

Generally, the definition of the term offer differs depending on the context where it is used. According to the law, a proposal is a bright present to someone bearing some conditions that allow the offeree to either accept or reject the offer from the offeror. It is a form of legal binding contract the show two or more people have entered into a binding agreement. A valid offer should be able to manifest the right intention to be bound to bring a contract between the two parties. In a situation of a fair offer, both parties can engage in a negotiation should one part feels that the prices of the proposal do not match their capacity. As such, this may institute an invitation to treat, in case an offer to accept offers

Business Law: Application of ILAC rule

In this case, the main issues cropping is the problem of invitation to treat, accepting an offer, counter-offer, the nature and status of keeping the promise to make the offer remain open, revocation of the postal rule.

Issues one

In this case, the High Five system advertisement in an invitation to treat. As such, the case of Partridge v Crittenden applies and is the authority that determines the fact that are contained in the advertisement which is considered as merely invitation to treat but not an offer. The latter implies that the company only invited potential offered, but that did not mean that an offer had been given to responsible parties. For instances, Rhoda includes his telephone number in the advert for making queries about the sale of Boast Sound system; model BS 100 that company declared for sale (Stein, 2009). As a result, there is no legal binding that can change the invitation into an offer. As such, in the case where Jacob makes a phone call and tells Rhoda that he has accepted the offer is not recognized under that because the advertisement posted was simply an invitation to treat but not an offer to interested parties. Also, Jacob did not pay attentive to Rhoda's explanation about the advert. Therefore, the company owe Jacob no reason because he did not understand the condition stated in the advertisement.

The rule applied, and Analysis of the law applied

Similarly, Irish also make a call to High Five system but does not speak to any sales representative. He leaves a message which did not reach a targeted person within the time due. In this case, the ruling in the case of Partridge v Crittenden does not apply because of no form of negotiation and price offer that was set (Stein, 2009). As such the company cannot be held liable for any damages that Irish will suffer should he fail to acquire the Boast Sound system; model BS 1000. Therefore, in this case, Jacob has no rights to demand any compensation for the breach of contract because: first, no agreement was made between him and the company since the advertisement was just an invitation to treat. Secondly, Jacob did not hear more explanation from Rhoda about the nature and meaning of the advertisement. The latter implies that Jacob has no right to seek any legal action against High Five system or salespersons of the company because he did not understand the conditions of the advertisement.

Similarly, Iris also did not understand the nature and the condition advertisement which made him follow the appropriate rule of law to seek information about the advertisement (Figley, 2011). Also, he did not bother to make follow up to inquire whether the salesperson of the company received his message. In this situation, Irish has chance to seek for legal right to request for compensation for the breach of contract because responding to advert made by the company was not a guarantee that an offer had been offered to him.

Issue two

Hamid went to High Five System and enquired the advertisement. He gives Rhoda condition on how he can enter into a contract with the company. Rhoda did not respond to his concern and promised to get back to him after making consultation from his boss. The latter implies that no offer had been made to Hamid by the company, but he forwarded his proposal to the company. Later, the after consultation, Rhoda get back to him and notify him that the company cannot accept his offer.

The rule applied in the issue

In this case, even though Rhoda promised Hamid to give him feedback after consulting her boss, the offer made by Hamid state to be irrelevant and not applicable because no consideration was made. As such, the ruling of the case Goldsborough Mort & Co Ltd v Quinn is applicable (Figley, 2011). According to this rule, a legal consideration necessary to make an offer enforceable. Therefore, the suggestion of the Hamid to the company stood to be irrelevant until the management of the company confirm that they are interested in the offer. Unfortunately, the proposal was declined by the administration which means the offers was irrelevant because it lacked a binding consideration. On the other side, Ranbir places an order about those products of the company. Jimmy attends to him and promises to notify about the availability of the required outcomes. Upon confirming, Jimmy allocates for Ranbir ten sets of the product. Later, Ranbir later declines the offer of the company to sell him ten games as he ordered.

1.5. Analysis of the case

Typically, parties involved in a proposal are held liable if they fail to honour the promises. However, this is applicable only if there is a well-stated consideration that was made to the agreement between the two parties. But this did not happen which indicates that the offer that was created by Hamid was irrelevant and thus does not meet that requirement of the ruling on the case of Goldsborough Mort & Co Ltd v Quinn which gives guidance about issues of consideration in a contract (Williamson, 2014).

On the other hand, Ranbir responding to an advert of the company and proceeds to make an order is an indication that the two parties have made an offer. Upon presenting his offer the management and it is approved implies that a legal consideration is made. As such, revocation of a proposal by Ranbir is possibly not, and thus Ranbir is held liable for breaching the contract entered by the company. In then is the case, the ruling of the evidence of Dickson v Dodds applies.

Conclusively, any advertisement made for the sale of an item by one party is an invitation to treat. It only notifies interested parties about the availability of the product to be sold. Also, for any form offer to be relevant, there must be a consideration that acts as a binding contract between the two parties.

References List

Behrens, F. and Wloka, M., 2010. How IAF and ILAC manage the recognition of Regional Accreditation Groups: the peer evaluation system of IAF and ILAC for Regional Accreditation Groups. Accreditation and quality assurance, 15(1), pp.57-66.

Feng, W., Greene, J., Vorwerk, K., Pevzner, V. and Kundu, A., 2014, February. Rent's rule-based FPGA is packing for profitability optimization. In Proceedings of the 2014 ACM/SIGDA international symposium on Field-programmable gate arrays (pp. 31-34). ACM.

Figley, P., 2011. Teaching Rule Synthesis with Real Cases. Journal of Legal Education, 61(2), pp.245-263.

Lebovits, G., 2010. Cracking the Code to Writing Legal Arguments: From IRAC to CRARC to Combinations in Between.

Stein, R., 2009. The rule of law: what does it mean. Minn. J. Int'l L., 18, p.293.

Williamson, J.C., 2014. Establishing Rule of Law in Post-War Iraq: Rebuilding the Justice System. Ga. J. Int'l & Comp. L., 33, p.229.

Business Law Questions

[Name of the Writer]

[Name of Instructor]

[Subject]

[Date]

Business Law Questions

1.

Alternative Dispute Resolution (ADR) is a mean of ending or settling the disputes outside the courtroom. The advantage of ADR is that it is risk-free and more private than the court. However, the disadvantage is that there is no guarantee of a resolution or good faith. Mediation is the informal alternative to litigation while arbitration is a simple form of trial. Both of these methods work for solving cases outside the court. In the case of Bill and Susan I would not recommend this because the plaintiff seems to be faking about the whole situation.

2.

In the mentioned scenario it was right to sue Pat because he broke the basic rule of MUCK of not wearing a mascot to the game. When the rules were set before the game both the parties agreed to them and thus Pat should be punished. However, the actions by Paul does not break any laws or rules. Therefore his case should be discharged.

4

The unilateral contract requires only one party to take actions. In a bilateral contract both the parties are obliged to take actions. In bilateral business, contracts are more common because both parties have some responsibilities. The Unilateral contracts are only used when only one party is responsible for providing material to the other party.

6.

I believe that it is legal and ethical because when a person buys something that he is the legal owner of that thing and he can resale the domain according to his own wish, but only one condition should be applied that the person is not doing this as a business.

8.

Yes, there are laws present which protects both the business and consumer. One law is the Trademark law which protects the business, and another law is the privacy policy which forces the e-commerce businesses to protect the information of the consumers.

Case Brief

State v. Craig Doyal

Court of Criminal Appeals of Texas (2019)

Parties:

Craig Doyal who was the Montgomery County Judge and member of the Montgomery County Commissioners Court is the defendant in the original trial. The State of Texas was the plaintiff who called the case upon Doyal.

Facts:

Craig Doyal was charged for violating the Open Meetings Act which prohibits governmental bodies from holding meetings that are closed to the public or conspire to circumvent the Texas Open Meetings Act. The State says Doyal knowingly conspired to violate that act by meeting in less than a quorum for secret deliberations.

Lower Court Holding:

Doyal moved for a motion to dismiss. He claimed that the Open Meetings Act was overbroad and vague. So, therefore it violated the first amendment right to freedom of speech. His dismissal was approved by the trial court. The state then appealed claiming that the Open Meetings Act did not violate the Constitution. The court of appeals said that the statute was content neutral because it required meeting in a quorum. In regard to his over vague claim, the court of appeals said that although the terms "conspire", "circumvent" and "secret" have not directly been defined but they have an understood meaning to the public. Therefore, the court of appeals reversed the trial courts motion to dismiss. The Court of Appeals of Texas did grant Doyal with a review of the statute for being vague as they agreed the statute was “unconstitutionally vague on its face.”

Issue Presented:

Under the freedom of speech aspect of the First Amendment, is the Open Meetings Act unconstitutionally vague that it limits the speech of an elected official?

Holding:

The court of Criminal Appeals of Texas held that the Open Meetings Act was in fact unconstitutionally vague on its face and therefore they reversed the court of appeals decision and returned to the dismissal made by the trial court.

Legal Principle:

The First Amendment protects freedom of speech even of elected officials and further statutes must be narrowly tailored to not limit any more speech than necessary by the statute. Statutes that are overbroad are subject of vagueness for unconstitutionality in violation of the First Amendment.

Reasoning:

The Supreme Court has shown that the First Amendment protects the speech of governmental officials just as strongly as it does the general public. Furthermore, while the state argued the Open Meetings Act is concerned with the act of meeting rather than speech. When you look at how the Open Meetings Act defines a meeting it can be concluded that it speaks in terms of communication rather than the physical act because the word is used as a verb rather than a noun. So, therefore the statute goes beyond the act of meeting and stretches into communication. Moreover, the state said that any speech that the statute implies is unprotected.

The court states that a statute must be sufficiently clear to be constitutional which means that an ordinary person would understand what isn’t allowed. It must provide law enforcement with guidelines, and it must be narrowly tailored to avoid chilling protected expression guaranteed by the First Amendment. When looking towards the language used within the statute the court believes that it makes the statute void for vagueness. They look to a previous case where the court had rejected a statute for not defining the term ‘political’ in it.

The court believes the statute is vague in similarity to Johnson v. the United States as well as Sessions v. Dimaya saying that those cases were too abstract just as the one before them is. When the court looks at the word ‘quorum' within the statute they believe that does not clearly define was a quorum if even if you look at the context with which it is in. Although they agree with a 2005 attorney generals definition of a quorum, still they say that even that definition has phrases in it that need to be defined. His definition concluded a ‘walking quorum’ in which public officials purposely met in groups smaller than a quorum, for the purpose of conspiring to discuss public matters.

Many states have tried to define what a ‘walking quorum' is. In fact, other states have defined them in different ways; Louisiana court of appeals, Wisconsin Court of Appeals, The Supreme Court of Ohio, a California court, and Hawaii's intermediate appellate court all held different opinions that narrowly tailored the definition of a ‘walking quorum. While Nevada's Supreme Court had a broad definition of the term. Another concern with ‘quorum’ is the limitations it would set on governmental officials who were lobbying for votes. It would prohibit government officials from talking to each other on a topic of concern that they were voting. I also prevent the communication necessary for government officials to try to persuade people on board to vote a specific way because if they did then the majority would be considered a ‘quorum'.

Other languages within the Open Meetings Act also were found to be too broad. The court believed the term ‘secret’ could apply to a variety of situations and did not clarify what it meant within the statute. Also, the word ‘circumvent' implied to more than literal violations of TOMA and did not make it clear. Another term, ‘knowing' was found to be unclear by the court they felt that given the definition of circumventing one cannot know that they are circumventing the law.

Therefore the Open Meetings Act is too abstract and focuses on general conduct that becomes too broad reaching past TOMA and could allow for criminal punishment for doing things that conflict with the purpose of TOMA or even imagining doing acts that conflict with it. The court believes that while some statues have words that need to be defined the context surrounding them assists with doing so while regarding the Open Meetings Act too many terms are overbroad. So, therefore they cannot come to a conclusion themselves on what the statute is supposed to mean and so they will not more narrowly tailor this statute.

Concurring Opinion:

Judge Slaughter and Judge Yeary joined by Judge Newell joined in a concurring opinion. They believe the Open Meetings Act was a strong statute and the court complicated the definition. They reference the precedent the court used and differentiate them from the issue before us saying the court failed to even show that the statue was vague towards Doyal in this situation. They hold that the Open Meetings Act is not unconstitutionally vague. Judge Yeary and Newall do disagree with Judge Slaughter in that they do believe the Open Meetings Act violated the First Amendment.

All the judges continue on their dissent stating that the statute at hand can easily be understood to maintain certain conduct that it is obviously trying to address. In addressing the term “knowingly conspired” they turn to Black’s Law Dictionary that clearly defines the term. Moreover, while all the terms the court address does on its face propose a possible issue they explain how if ‘deliberations’ as used in the statue requires a quorum that it’s impossible to be in less than the presence of a quorum because one can deliberate with just one other person.

They believe the statute to be clear that it is trying to prevent the governmental body from meeting about an issue, within their jurisdiction or of public concern, without having to have the necessary requirements of an open meetings act and a full document. They believe that the defendant, Doyal, shouldn't have been allowed to claim the statute was vague and he also failed to show the statute was vague in any way. The statute's purpose should be understood and therefore is constitutional.