Friday, December 27, 2019

The International Convention on the Prevention and...

In the 1830s and ending in the early 1970s, many aboriginal children were forcibly taken from their families, as the European settlement recognised Aboriginal’s for being flora and fauna and deemed them to be feral. European settlers aim was to supposedly enforce Aboriginal’s to be civil by assimilating them into European society and culture. However this was not the case as it was an excuse to wipe out the Aboriginal race and culture, which was ordered by the Australian Government at the time. The Government’s policies and practices regarding the removal of children, the ill treatment and the continuing effects eradicated many aboriginal generations. Government authorities claimed legal guardianship of all Indigenous children and†¦show more content†¦The Chief Protector of Aborigines was made as a legal guardian of indigenous children until the age of eighteen, regardless of the existence of their parents. The Aboriginal plaintiffs in this case argu ed the validity of the Ordinance covering many grounds. For instance, the plaintiffs argued that the Ordinance breached the protection of the freedom of religion in section 116 of the Constitution, it overstepped the freedom of movement from state to state, authorising automatic detention of children that was a decision that should have been made by a court and breached the International Convention on the Prevention and Punishment of the Crime of Genocide. However the court found that the International Convention on the Prevention and Punishment of the Crime of Genocide only came into effect in 1951 and the Ordinance was in force in 1918, which bought the court to reject the claim as the Ordinance had no such written explanation pointing to genocide. As Justice Dawson noted the decision that there was a degree of equality that was lacking in the claim made by the plaintiffs as there was no such description relating to the degree of genocide that was described in the Aboriginal Ordinance 1918. Even though the Aboriginal Ordinance did not state an act of genocide to be authorised throughout the order, Justice Dawson stated one of the observation’s thatShow MoreRelatedThe And Punishment Of The United Nations1640 Words   |  7 Pagesfrom punishment or freedom from the injurious consequences of an action. More specific, it refers to the failure to bring perpetrators of human rights violations to justice, thus denying victims the right to justice and restoration. These violators may be government officials or private individuals and they are often protected by special jurisdictions, sanctions, immunities, or amnesties. In 1945, at the Nuremberg Trials, which judged the accused war criminals of Nazi Germany, the international communityRead MorePhilosophy 381 : Genocide, Language And Power1319 Words   |  6 PagesPHILOSOPHY 381: GENOCIDE,LANGUAGE AND POWER Professor: Lynne Tirrell 5th October, 2015 We Wish to Inform[Question 1] How many people need to be killed before a crisis becomes a genocide? How many sections of article 2 Of the UN convention needs to occur to be considered a genocide? Is the sterilization of hundreds of Puerto rico women taking imposing measures intended to prevent births within the group considered Genocide? Is police targeting and killing certain grips of people more often a formRead MoreViolations of Human Rights Essay1122 Words   |  5 Pagesthe Gates The film, Beyond the Gates, shows audiences the horror that took place during the Rwandan genocide. Shot in the same area as the actual genocide took place, the film tells the story of the Hutu extremist attempt at destroying the countries minority group known as the Tutsi. Many human rights violations were shown in this movie, shedding light on the real issue of how the international community failed to intervene during this time of crisis and prevent the deaths of thousands of peopleRead MoreThere Have Been Little-Known Facts About Children Being1010 Words   |  5 Pagessome children who wish to have a normal childhood. In Timothy Webster’s academic journal article, Babes with Arms: International Law and Child Soldiers, the prohibition on child soldiers stands out for its university and speed of implementation. The article he had written examines the advances in preventing children from participating in any war-involved conflict. Since the CRC (Convention on the Rights of Children) entered by force in 1990, the world’s attention has increasingly focused on the troubleRead MoreThe Legal Foundation For Humanitarian Intervention Essay1219 Words   |  5 PagesDeclaration of Human Rights and the Convention on the Prevention of Genocide and Punishment of the Crime of Genocide (Lecture 11/15/16). Genocide, as decided by the, Convention on the Prevention and Punishment of the Crime of Genocide: genocide, whether committed in time of peace or in time of war, is a crime under international law which they (contracted members) undertake to prevent and to punish (U.N, 1948). Samantha Power in A problem from hell: America and the age of genocide highlights the calamitousRead MoreForensic Anthropology In War Crimes. The End Of The Twentieth1199 Words   |  5 PagesForensic Anthropology in War Crimes The end of the twentieth century was a particularly dark time in history in regards to human rights abuses and genocide. In 1948, the United Nations proposed and approved the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This convention, put into force in 1951, confirmed that genocide, whether committed in time of peace or in time of war, is a crime under international law and that the contracting parties would undertake actionsRead MoreHuman Rights Within The World1313 Words   |  6 Pagesafter the horrors of the 20th century as illustrated by war, genocide, expulsion, and mass sterilization. As a key factor to the existence of the charter of human rights, war, and specifically, World War I and II, had various inter-ethnic conflicts such as genocide, that were completely necessary for these rights to emerge. Genocide, under the article II of the 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide, alludes the concept of an eradication of a particular groupRead MoreRwanda Genocide : The First Conviction1264 Words   |  6 Pages Rwanda Genocide: The First Conviction Kaylee Schmit Ms. Sandbulte Advanced Composition January 11, 2016 Kaylee Schmit Ms. Sandbulte Advanced Composition January 11, 2016 Rwanda Genocide: The First Conviction Rwanda is a small country in Africa, made up of three ethnic groups: the Hutus, who held the majority of the population; the Tutsis were only a small portion of the population; and there were also very few Twa. All three groups spoke Kinyarwanda. There were differences in theRead MoreCombating The Genocide Prevention Task Force Essay1416 Words   |  6 PagesCombating Future Genocide â€Å"I believe the only time we call for intervention is when there is an ongoing genocide† – Bianca Jagger. Looking at the world’s response to the persecution of specific groups of people, the past shows us there is something wrong with how the world views genocide. Of course, any viable human conscience gawks at the news of the most recent minority being wiped out by a ruling power, but this tardy response does nothing to combat the atrocities. Currently, the only responseRead MoreSouth Sudan at Risk of Genocide1469 Words   |  6 PagesGenocide in the world is very much alive and continues to happen; it is estimated that since the year 1900, more than 170 million lives have been lost. If you were to think of that in size, it would be equal to the entire population of Nigeria, gone, wiped out of existence. After the holocaust of World War II, additional steps were taken to ensure history didn’t repeat itself. The Convention for the Prevention and Pu nishment of the Crime of Genocide was held in 1948, conducted by the United Nations

Wednesday, December 18, 2019

Essay Appearance and Steroids - 2857 Words

Appearance and Steroids Why does our appearance have such an impact on our lifestyles? Do people need huge muscles and beautiful bodies to be noticed? Many people feel we do, and thats why steroid use is at its highest. People still use the drug even though they know the risks. Is this shortcut for muscular gain worth sickness, disease or fatality? People should understand what steroids do to their bodies and minds before they decide to use the drug. The consumption of steroids has a negative effect on the body and people that use steroids are destroying their lives. Anabolic steroids are drugs that increase human muscle and mass, and also reduce body fat. They are derived from the male sex hormone, testosterone.†¦show more content†¦They are the shortcut to a great body. They are the man-made way to look great. Steroids: Hercules in a bottle (Nardo 17). This is the best explanation about why people use steroids. It is the quick and easy way for muscular gain. Not many people can handl e the natural way to work out. They want to have noticeable results over night. Doctor Lawrence Clayton states, it might take a teenage boy a year of intensive weight lifting to add thirty pounds of muscle to his body. Anabolic steroids, taken in huge amounts can do it in twelve weeks (23). Kenneth T. Walsh interviewed Arnold Schwarzenegger, and in his interview, he received Arnolds reasoning for why people used steroids. We want to get strong and be competitive the fastest way (63). Many people just want to be big and beautiful without the hassle of working out. A chart from the Journal of the American Medical Association showed why high school students begin to use steroids. Twenty-eight percent of students using steroids began using them to look better. As teenagers begin weight training, they can easily be convinced to try steroids. Many body builders use the drug to build muscle size and increase strength. The drug for this is called Dianabol. By seeing the physical effect steroids have on the body, teenagers become curious. Also, with the different types of steroids around, these high school students can choose the physical appearanceShow MoreRelatedSteroids have more than one meaning. Generally your body produces some steroids to fight stress and800 Words   |  4 PagesSteroids have more than one meaning. Generally your body produces some steroids to fight stress and let your body grow during puberty. But then there is the kind of steroids that you take to improve your physical appearance or better you in the sport that you pla y. Normally when you hear people say steroids they are often talking about the illegal anabolic steroids. Anabolic steroids are a synthetic steroid hormone that resembles testosterone in promoting the growth of muscle. Steroids affect athletesRead More The Use of Performance Enhancing Drugs in Sports Essay1148 Words   |  5 Pagesof the development of anabolic steroids: a group of powerful synthetic chemical compounds that resemble the natural male sex hormones (Schwarzenneger 722). Anabolic steroids were first developed in the 1930s as a therapeutic drug to treat growth hormone replacement in deficient children, menopausal symptoms, impotence, and the retardation of the effects of aging by stimulating the rate of synthesis of protein molecules (Biology 121 Web Project 1). These steroids are a simulated testosteroneRead MoreAnabolic Steroids And Its Effects On The Brain1608 Words   |  7 PagesBrief History Anabolic steroids are directly related to steroids, and both have similar effects, however anabolic steroids intensify protein production in cells, leading to enlarged muscles, rather steroids contain various hormones including testosterone. Both, however exert the chemical dopamine into the blood stream, negatively effecting the brain driving addiction and abuse. The steps and action foreshadowing steroids can be traced back to 1849, when a German scientist named Arnold AdolphRead MorePositive And Negative Effects Of Anabolic Steroids1199 Words   |  5 Pagessport. You might think steroids are the answer to your problem, but it isn’t that easy. There are many adverse effects from steroids, such as the destruction of your organs or your physical appearance. There are many more adverse effects to using steroids than positive ones. This is why it is very risky to use them. Before using them you need to know what steroids are and what happens to your body when you take them. Anabolic-androgenic steroids, also known as anabolic steroids, are a man-made versionRead MoreSteroids Is Not The Ideal Choice For Many Health Reasons1495 Words   |  6 Pages162 games for using steroids† (History). The use of steroids has forever changed the world of professional sports, making it a world fueled by drug contacts instead of skill and talent. Steroids could possibly be legalized although there are many risks, people get caught everyday using steroids, people could be harmed from using steroids, and there are negative consequences from the use of steroids. Steroids are not the ideal choice for many health reasons. The use of steroids in men can cause manyRead MoreSteroids Is Not The Ideal Choice For Many Health Reasons1554 Words   |  7 Pagesgames for using steroids† (History). The use of steroids has forever changed the world of professional sports, making it a world fueled by drug contacts instead of skill and talent. Steroids could possibly be legalized although there are many risks, people are caught everyday using steroids, people could be harmed from using steroids, and many negative consequences are caused from the use of steroids. Steroids are not the ideal choice for many health reasons. The use of steroids in men can causeRead MoreSteroids Is Not The Ideal Choice For Many Health Reasons1551 Words   |  7 Pages162 games for using steroids (History). The use of steroids has forever changed the world of professional sports, making it a world fueled by drug contacts instead of skill and talent. Steroids could possibly be legalized although there are many risks, people get caught everyday using steroids, people could be harmed from using steroids, and there are negative consequences from the use of steroids. Steroids are not the ideal choice for many health reasons. The use of steroids in men can cause manyRead MoreAnabolic Steroids Are Known As Anabolic Androgenic Steroids940 Words   |  4 PagesAnabolic Steroids are known as anabolic-androgenic steroids. A drug that is structured to relate to the cyclic steroid ring system. Anabolic steroids can many similar effects to testosterone in the body. What anabolic steroids do is increase the protein in the cells. The increase in these cells most happens in the skeletal muscles. Anabolic steroids can also have Androgenic and virilizing properties, that includes the development and the maintenance of masculine characteristics. With that, exactlyRead MoreSteroids : Sports And Steroids1169 Words   |  5 PagesPresident George W. Bush says â€Å"Steroids are dangerous in sports and steroids send the wrong message: There are shortcuts to accomplishments and performance is more important than character.† Steroids are a hormone like substance made by the body. Steroids are closely related to the male prime hormone, testosterone which is the main development of male characteristics such as facial hair, deeper voice and larger muscles. It is bad to use steroids because they cause heart problems, hormonal issuesRead MoreAthletes Use Drugs For A Variety Of Reasons1194 Words   |  5 Pagesdrug in athletes goes by the name of anabolic steroids. The best way to help clarify your understanding of the importance of anabolic steroids is to define these steroids as a synthetic way to acquire the male sex hormone testosterone. The proper name for these steroids are anabolic androgenic steroids of which â€Å"anabolic† refers to muscle building and â€Å"androgenic† refers to increasing male sex characteristics. In sports, athletes use anabolic steroids to assist them in performing with more speed and

Tuesday, December 10, 2019

Australian Migration Law and Practice Immigration and Border Protecti

Question: Describe about the Australian Migration Law and Practice for Immigration and Border Protection. Answer: 1. Waensila v Minister for Immigration and Border Protection is a landmark judgment with respect to the granting or refusal of granting of a partner visa in Australia. It has overruled the previous judgments and revolutionized the ways in which partner visas are assessed in Australia (Walsh Haag, 2015). Facts of the case are as follows: The appellant is a citizen of Thailand and he married an Australian citizen on September 5, 2010. The appellant applied for temporary and permanent partner visas (under subclasses 820 and 801) on 10 September, 2010. At the time of applying for the visa he had no substantive visa. The visas were refused by the delegate on the ground that the appellant did not satisfy the criteria laid down under Clause 820.211(2)(d)(ii) of the Migration Regulations 1994. The decision of the delegate was appealed in the Tribunal. The tribunal took the same view and confirmed the decision of the delegate. A judicial review was sought in the Federal Circuit Court of Australia (FCCA) by the appellant. The FCCA was also of the same opinion and upheld the decision of the tribunal. The present appeal lies against such decision of the FCCA in the Federal Court of Australia. Arguments involved in the case Clause 820.211(2)(d)(ii) of the Migration Regulations 1994 lays down that that if an applicant of a partner visa is the not the holder of a substantive visa, then he needs to satisfy Criteria 3001, 3003 and 3004 under Schedule 3 of the Regulations at the time of application of the partner visa . However, these criteria can be dispensed with if the Minister is satisfied that there exists compelling reasons (Burn., 2013). In the present case, the appellant did not actually fulfill the above mentioned criteria. The appellant contended that he should be granted a partner visa on the ground that certain compelling reasons existed such as: he would be persecuted if he returned to Thailand as a Thai Muslim citizen; the reunion between him and his wife would never be possible if he returned to Thailand; iii. his marital relationship with his wife would get affected if had to return to Thailand; his wife was suffering from various diseases and she needed continuing care; his wife was financially dependent on him Judgments of the lower courts The contention of the appellant was rejected by all the courts on the ground that the compelling reasons should have existed at the time when the visa application was submitted by the appellant. The lower courts relied on the heading of Clause 820.21 which contains the words at the time of application (Starr, 2016). Decision of the federal Court The Federal Court of Australia, through its judgment on March 11, 2016 reversed the decision of the lower FCCA on appeal. According to Federal Court,the exercise of power of the Minister to dispense with the fulfilment of the requirement as laid down under Schedule 3 cannot be limited to the circumstances which existed at the time of application of visa. The Federal Court relied on Berenguel v Minister for Immigration and Citizenship (2010) in which the Court, with respect to a similarly worded provision, held that the heading of a provision is not necessarily connected with its terms. Thus, the heading cannot confine the exercise of Ministers power to the compelling reasons which existed in at the time of applying for the visa. The Federal Court observed that the waiver power of the minister is not a criterion in itself. It is a power which has to be exercised to determine whether the criterion under Schedule 3 is to be dispensed with or not. Therefore, the minister may exercise its power even after the application of the visa has been submitted (Castles et al., 2013). Section 65 of the Migration Act, 1958 is also relevant for the purpose of construction of the provisions under the Migration Regulations 1994 (Collins, 2014).Under Section 65, the Minister has the power either to grant or refuse the visa. According to the section, the relevant time at which a minister may determine whether a visa application fulfilled all the relevant criteria or notis the time of making a decision with respect to the granting or refusal of grating of a visa and not the time at which the visa application is applied. Section 55 of the Migration Act also lays down that the Minister must consider all the relevant information before making a decision whether to grant or refuse to grant a visa (Simmons et al., 2013). The decision of the Federal Court is an important and a landmark judgment which seeks to combat the hurdles faced in applying for a partner visa in Australia. If this decision would not have been passed by the Federal Court of Australia, then the applicant would have to return to his own country and apply for a visa application. It would have caused a lot of detriment to the relation of the applicant with his wife. This judgment has undoubtedly opened the floodgates for the claims of partner visas in Australia. As per the reasons of the judgment,a partner visa applicant can be saved from complying with the requirements of Schedule 3,if he can show that there exists compelling reasons which requires the attention of the Minister for granting the visa, irrespective of the fact that the reasons did not exist at the time of application of the visa. This judgment has been delivered in the interest of justice and to reduce the hardship which a person faces while applying for a partner visa . This view of the Court is significant for the unlawful non-citizens who wish to regularise their status in Australia and become lawful citizens afterwards. This judgment has surely impacted the lives partner visa applicants in Australia and has changed the way in which partner visas are assessed in Australia. The Tribunal and the Department will have to change their approach of reviewing partner visa applications and they need to make sure that justice is being done to every single applicant who applies for a partner visa in Australia (Starr, 2016). 2. The Federal Court has utilised the golden rule of interpretation of statute in this case.The golden rule states that if the meaning of words used in a statute is not in accordance with the intention of the legislature and if it leads to some repugnance or absurdity, then the statutes language may be modified or varied so as to avoid such repugnancy or absurdity (Carney, 2015). The golden rule is usually utilised by judges to interpret a statute in such a way so as to give effect to the intention of the legislature (Dharmananda Lane, 2016). In this case, according to the federal Court, the purpose of the legislature was to give greater flexibility to the Minister in determining whether compelling reasons or circumstances exist or not while granting or refusing to grant a partner visa to an applicant. The intention of the legislature was also to avoid the hardship which may be faced by a partner visa applicant. This purpose or intention of the legislature would be defeated if the statute is interpreted in a way so as to limit the circumstances in which such discretion of the Minister is to be exercised. The Federal Court has laid down emphasis on the point that the heading of a provision cannot confine or limit the circumstances in which the Minister has to determine whether or not to grant or refuse to grant a visa. To interpret the statute that the minister would consider the compelling circumstances only at the time when the visa application is submitted would give a narrow meaning to discretionary power of the minist er and would eventually defeat the purpose of the statute. This would cause inconvenience or absurdity and to remove such inconvenience or absurdity, the judges of the Federal Court has applied the golden rule of interpretation of the statute. Thus, in this case, the judiciary has given effect to the intention of the legislature and has avoided to give ordinary meaning to the words of the statute as such meaning would have not served the purpose for which the legislature was enacted (Starr, 2016). References: Burn, J. M. (2013). Reconsideration of visas intended to provide protection and support to people who have experienced human trafficking, slavery and slavery-like practices. Carney, G. (2015). Comparative approaches to statutory interpretation in civil law and common law jurisdictions.Statute Law Review,36(1), 46-58. Castles, S., Hugo, G., Vasta, E. (2013). Rethinking migration and diversity in Australia: introduction.Journal of Intercultural Studies,34(2), 115-121. Collins, G. (2014). President's page: Migration amendments.Precedent (Sydney, NSW), (120), 3. Dharmananda, J., Lane, P. (2016). Teaching Statutory Interpretation in Australia: Whats Next?.Statute Law Review, hmw030. Simmons, F., OBrien, B., David, F., Beacroft, L. (2013). Human trafficking and slavery offenders in Australia.Trends and issues in crime and criminal justice, (464), 1. Starr, D. (2016). Federal court judgments.Ethos: Official Publication of the Law Society of the Australian Capital Territory, (240), 54. Walsh, R., Haag, S. (2015). Immigration: Breaking up is a hard to-do: Dual regulation of migration lawyers set to end.LSJ: Law Society of NSW Journal,2(5), 74.

Tuesday, December 3, 2019

Shakespeares Iago Is One Of Shakespeares Most Complex Villains. At Fir

Shakespeare's Iago is one of Shakespeare's most complex villains. At first glance Iago's character seems to be pure evil. However, such a villain would distract from the impact of the play and would be trite. Shakespeare to add depth to his villain makes him amoral, as opposed to the typical immoral villain. Iago's entire scheme begins when the "ignorant, ill-suited" Cassio is given the position he desired. Iago is consumed with envy and plots to steal the position he feels he most justly deserves. Iago deceives, steals, and kills to gain that position. However, it is not that Iago pushes aside his conscience to commit these acts, but that he lacks a conscience to begin with. Iago's amorality can be seen throughout the play and is demonstrated by his actions. For someone to constantly lie and deceive one's wife and friends, one must be extremely evil or, in the case of Iago, amoral. In every scene in which Iago speaks one can point out his deceptive manner. Iago tricks Othello into beleiving that his own wife is having an affair, without any concrete proof. Othello is so caught up in Iago's lies that he refuses to believe Desdemona when she denies the whole thing. Much credit must be given to Iago's diabolical prowess which enables him to bend and twist the supple minds of his friends and spouse. In today's society Iago would be called a psychopath without a conscience not the devil incarnate. Iago also manages to steal from his own friend without the slightest feeling of guilt. He embezzles the money that Roderigo gives him to win over Desdemona. When Roderigo discovers that Iago has been hoarding his money he screams at Iago and threatens him. However, when Iago tells him some fanciful plot in order to capture Desdemona's heart Roderigo forgets Iago's theft and agrees to kill Cassio. Iago's keen intellect is what intrigues the reader most. His ability to say the right things at the right time is what makes him such a successful villain. However, someone with a conscience would never be able to keep up such a ploy and deceive everyone around him. This is why it is necessary to say that Iago is amoral, because if you don't his character becomes fictional and hard to believe. At the climactic ending of the play, Iago's plot is given away to Othello by his own wife, Emilia. Iago sees his wife as an obstacle and a nuisance so he kills her. He kills her not as much out of anger but for pragmatic reasons. Emilia is a stumbling block in front of his path. She serves no purpose to him anymore and she can now only hurt his chances of keeping the position he has been given by Othello. Iago's merciless taking of Emilia's and Roderigo's lives is another proof of his amorality. If one looks in modern day cinema, one will see the trite villain, evil to the core. Shakespeare took his villains to a higher level. He did not make them transparent like the villains of modern cinema. He gave his villains depth and spirit. Iago is a perfect example of "Shakespeare's villain." His amorality and cynicism give, what would be a very dull character, life.