Neutralising Punitive Asylum Seeker Policies: An Analysis of Australian News Media During the 2013 Federal Election Campaign

ABSTRACT

For almost two decades, negative portrayals of asylum seekers arriving in Australia by boat have been dominant within political and media discourses. In particular, asylum seekers have been portrayed as a “dangerous other”—as an illegal group that the public ought to fear and from which they require protection—rather than as a vulnerable group who require protection themselves. This article examines some of the ways in which these discourses make possible public support for punitive policies relating to the treatment of asylum seekers (particularly boat arrivals)—policies that violate many of the human rights instruments to which Australia is a signatory. Specifically, this paper uses Sykes and Matza’s (1957) work on “Techniques of Neutralisation”, which considers the way in which those who knowingly commit illegal, immoral, or harmful acts neutralise their behaviour and disavow its harmful effects, to analyse these dynamics. In particular, it focuses on the political and media discourses regarding asylum seeking produced during the 2013 Australian federal election campaign. The paper argues that these theoretical tools can be effectively applied to this case study and provide some insight into the ongoing punitive treatment of asylum seekers in Australia.     

Can Policy to Address Some Disability Rights Mitigate Weak Approaches to Others?

Governments prioritize some rights over others because of policy constraints. We ask whether differential disability policy priorities can readdress other unrealized rights when applied to services for people with disabilities in boarding houses in Australia. The housing is inappropriate to their support needs and breaches their immediate right to unsegregated housing. Findings about the government-funded support showed that their well-being improved, but the housing increased their support needs and reduced their eligibility for suitable housing, implying that support policies that prioritize progressive realization rights are not successful where immediate realization rights to housing remain unaddressed. These findings about the negative social outcomes from ignoring human rights hierarchies have implications for policy priorities.     

The Interplay Between Diabetes and Pancreatitis: Two Case Reports of Sudden,Natural Deaths and a Review of the Literature

Diabetes mellitus (DM) is a common disease involving insulin resistance or deficit that, when left unchecked, may cause severe hyperglycemia and subsequent end‐organ damage. Acute pancreatitis (AP) is inflammation of the pancreas that can lead to significant morbidity and mortality. AP and DM both account for a significant amount of sudden deaths, and rarely both disease processes may be present in the same decedent, causing some difficulty in wording the cause of death statement. Although much research has been directed at studying the causes and risk factors for AP and DM, there is a complex interplay between these diseases that is not fully understood. This study presents two autopsy cases of sudden, natural deaths that illustrate this interplay, along with a review of the literature. An algorithm for differentiating AP and DM is then discussed in the context of the presented cases as a proposed aid for forensic pathologists in the certification of such deaths.     

Simulating transfer and persistence of a chemical marker powder for Lycopodium clavatum spores

In this research a chemical marker powder, based on Lycopodium clavatum spores, was studied to determine its transfer and persistence on a T-shirt. Such chemical marker powders are used to provide evidence that a person has handled a covertly marked object, such as a drug package. The powder was found to transfer readily between a marked item and the person handling it. The powder was found to persist on a T-shirt for up to 13 h; however, there was only a very small amount of powder remaining at this time. The rate of loss of the L. clavatum spores was found to follow a decay curve. The largest decrease in spores from the T-shirt was seen in the first 2 h after the marked item had been handled.     

Examining Procedural Justice and Legitimacy in Corporate Offending and Beyond‐Compliance Behavior: The Efficacy of Direct and Indirect Regulatory Interactions

Tom Tyler's Procedural Justice Theory has received support in a variety of studies using criminal justice authorities as the research focus. To date, the theory has not been empirically tested using corporate malfeasance as an outcome, despite evidence that procedural justice is important in achieving regulatory compliance. This study uses factorial survey methods to examine whether corporate behavior is predicted by professionals' perceptions of procedural justice and legal legitimacy. We find that procedural justice and legitimacy considerations are salient only when managers have direct contact with regulatory authorities. This supports John Braithwaite's argument that effective regulation is enhanced by microlevel interactions in which procedural justice can be effectively leveraged to promote compliance.     

Measuring corporate environmental crime rates: progress and problems

The problem of corporate crime rates has been the subject of debate, speculation and operationalization for decades, largely stemming from the complexity of measuring this type of crime. Examining corporate environmental crime poses challenges and creates opportunities for advancing the discussion of corporate crime rates, but criminologists are less familiar with environmental data. In the current paper, we review the strengths and weaknesses of existing environmental data that can be used to construct the components of an environmental crime rate. We also present a corporate environmental crime rate derived from data on violations of the Clean Water Act and describe problems with using it in real world data. Implications for theory, practice and future research are discussed.

---

Reaching the marginalised? Gender value chains and ethical trade in African horticulture

Ethical trade, through codes of practice, forms an important part of the value chains for horticultural products sourced from Africa by major European buyers. This paper explores the relationship between value chains in the horticultural sector, the employment patterns of African producers, and the process of code implementation from a gender perspective. It asks whether, in the context of the gendered economy, codes alone can improve working conditions for all workers. Using case studies of Kenyan flowers, South African fruit, and Zambian flowers and vegetables, the article highlights the implications of flexible employment strategies for workers, and shows that social codes have not necessarily achieved better outcomes for women and informal workers, owing to the gendered economy. Ultimately, it is only by addressing the local gendered economy that the employment conditions of all workers, including those of marginal workers and women, are likely to improve.     

Breaking the Silence: Gender Mainstreaming and the Composition of the European Court of Justice

Why has it taken so long for member states to appoint women to the Court of Justice? Despite having won relatively significant policy instruments for equal treatment at work and high levels of legislative representation, women in the European Union have been slow to extend the demand for gender mainstreaming to courts. Prior to 1999, the Court of Justice had had one woman member until Ireland appointed Fidelma Macken in late 1999, and Germany appointed Ninon Colneric and Austria appointed Christine Stix-Hackl Advocate General in 2000.The 1995 U.N. meeting in Beijing was a catalyst for the demand for balanced participation of women and men in decision-making processes within the E.U., and it coincided with Sweden, Finland and Austria joining and championing the cause of gender equality. In 1999, the Commission published a report on women in the judiciary and women lawyers began to organize across Europe. After tracing the appointment process, I review the European Parliament's role in championing women on the Court and consider recent developments. Courts, particularly supranational and federal courts, are representative institutions even if their representative function differs from legislatures. Non-merit factors have always been a factor in judicial appointments and thus the demand for women on the bench is not a terrible deviation from merit. An all male bench is no longer legitimate.