Sexual Orientation & Genuine Occupational Requirements

Dhanda Jujhar, University of Glasgow

26 August 2008, 1130, Moot Court

Dhanda’s essay completes the Symposium, but his topic is far from boring. As the only essay to come from Europe, Dhanda’s focus on how the European Union deals with discrimination on the basis of sexual orientation provides much insight in how some of the world’s most liberal states tackle anti-discriminatory laws, especially both on national and supranational realms, will surely interest those with a keen interest in this area.

Abstract

Religious Freedom as Freedom from Discrimination

James Little, University of Auckland

26 August 2008, 1045, Moot Court

The second essay from the final session of the Symposium presents a topic close to the heart of multicultural Singapore. Using the New Zealand Bill of Rights Act 1990, James presents a different perspective examining the limits of the right to religious freedom. How far can the courts go to identify and ameliorate injustice in society?

Abstract

This essay considers the meaning of the right to practice or manifest religion, and when that right requires religious exemptions from laws. I conclude that the right is best read as a subset of the right not to be unfairly discriminated against. This interpretation means that the right is only infringed when the state imposes a discriminatory burden on religiously motivated conduct; as a consequence, religious exemptions from neutral and generally applicable laws are never legally required. I argue that this interpretation should be adopted for three reasons: first, it best identifies when injustice occurs in these circumstances and does not unfairly privilege religion; secondly, it is more compatible with other rights relating to religion; and thirdly, the judicial method of resolving religious exemption claims associated with this interpretation is able to deal with such claims fairly and consistently.

James is a fifth year LLB student from the University of Auckland. His interests lies in comparative constitutional law and administrative law, and in his free time enjoys skiing, travelling and debating.

The Indigenous, the Imperial and the International: A Contextual Comparison of Laws Concerning the Ainu of Japan and Australian Aborigines

Emmi Okada, University of Sydney

26 August 2008, 1000, Moot Court

To begin the final session of the Symposium, Emmi presents an essay that evinces a different world than her audience will be used to. Although they have in many ways some claim to the land they lived for centuries, aborigines do bear the brunt of laws that do not understand or are ready for them. How can the law protect the identity and rich cultures of such peoples? Come down to the Symposium and find out Emmi’s take on the subject.

Abstract

This paper examines the national and international laws concerning two indigenous peoples: the Ainu of Japan and the Australian Aborigines. After examining the experiences of these indigenous peoples with early colonial laws, which were underscored by an assimilationist imperative aimed at the denial of their culture and land, more recent trends in the laws of Japan and Australia that have allowed certain redresses and concessions to the Ainu and Aboriginal peoples will be considered. Like national law, international law is also found to be a Janus-faced institution: in the past constraining, and in more recent times enabling indigenous rights. This paper suggests certain possible avenues by which international law can spearhead the development of the rights of indigenous peoples by playing a significant role in supervising indigenous-state negotiations on critical issues such as self-determination of indigenous peoples.

Emmi is a 5th year student at the University of Sydney (though she is currently on exchange to Japan). She has a keen interest in ethnic clothes (as can be seen in the picture with her fiancé in Thailand) and enjoys reading, travelling, piano, creative writing, and being socially active.

To Care or To Scare: Shielding of Child Witness and the Defendant’s Right to Confrontation

Raphael Kok Chi Ren, University of Malaya

25 August 2008, 1115, Moot Court

The final essay in the first session stares at the vulnerability of this group of people in a court of law. How does one balance a child’s right not to be intimidated by an adult when giving evidence and the right of the accused to question his witness? Watch Raphael advance a solution that he believes balances the rights of both parties.

Abstract

This article relates to the recent law reform efforts taken across various common law jurisdictions to allow child witnesses to be shielded from the accused in criminal trials.

In the adversarial trial system, oral testimony from witnesses constitutes the main form of evidence for a judge or jury to determine the guilt or innocence of the defendant. Another integral part of the system is the requirement for the witness to testify in the presence of the accused.

But lately, the law has recognised that special relaxation of the confrontation rule must be given to child witnesses, who are easily traumatised by the sight of the accused.

To what extent should child witnesses be protected by the law? How truly valuable is a defendant’s right to confrontation?

This article seeks to answer such questions, and in doing so, suggest a legal regime which fairly balances the rights of both parties.

Family Planning Policies and Resultant Discrimination against the Girl Child - A Study of India and China

Anjana Agarwal, National Law School of India University

25 August 2008, 1500, Moot Court

While Anjana’s compatriot focuses on India and Brazil, Anjana takes on two countries who together make up more than a third of the world’s population and are also quickly growing. The third of a series of essays focusing on Women and children, Anjana picks out a common thread in the two societies characterised by a tradition favouring men and its effects on young girls. Watch Anjana present her perspective to the clash between law, culture and society.

Abstract

To check their rapidly growing populations, China and India, the two most populous countries of the world, instituted extensive family planning programmes so as to ensure a smooth path to development. Both countries, however, like most others in their region have a strong son preference. As fertility came to be reduced with the implementation of family planning laws, this preference for sons resulted in widespread killing of female foetuses and infants, and thus resulted in life-threatening discrimination against the girl child. Consequently the sex ratio of these countries increased tremendously, leading to a ‘social calamity’. This paper argues that the mere enactment of laws is not enough to deep-rooted traditional mindsets, and legal action must be accompanied by corresponding change in societal thinking.

Anjana is a fourth year LLB student studying in the National Law School of India University. She is interested in women’s issues, feminisim and Feminist Jurisprudence, Law and Economics, Intellectual Property Law, Law and Poverty and Human Rights Issues.

Discrimination: Help or Hindrance? - Listening to the Battered Woman’s Silent Screams

Nik Sim Shi Qiang & Amardeep Singh, National University of Singapore

25 August 2008, 1415, Moot Court

From our very own shores comes Nik and Amardeep’s piece on one of the darkest sides of human relationships - family violence. Applying the law on criminal defence to women whose act of violence may not be as morally reprehensive as what she has gone through in silent helplessness, come watch your friends present their solution as to how the law can still make the right decision even in the most difficult of circumstances. This is the second of the second session focusing on essays presenting discrimination with respect to Women and children.

Abstract

The act of killing their abusers represents a final act of desperation for women suffering from the battered women syndrome (BWS). Instead of being protected by the criminal justice system, these battered women are often misunderstood and seen as murderers. This article explores the realities faced by battered women and attempts to rationalize their acts. The article then explores why existing criminal law defenses of self-defense and provocation do not afford much protection to these women, due to the way they are presently understood in various common law jurisdictions. The authors provide a possible reformulation of these defenses, which would hopefully allow battered women to fit their situations within the ambit of these defenses. Having no Singaporean cases relating to battered women, the authors hope that this article would be of some guidance to our local Courts when a case involving battered women does arise.

The Downloads pages are updated with a PDF version of the Programme Book and Symposium Posters for public use. They provide an easy way to find out more about the Symposium from the comfort of yoru own desk.

See you at the IWS Symposium next week!

Giving Life to the Right to Not Conceive: What the Law and Society in the Philippines Must Do for Its Women

Johanna Aleria P. Lorenzo, University of the Philippines

25 August 2008, 1330, Moot Court

The Competition heats up with Johanna presenting the first of a set of essays focusing on Women and Children. The Philippines have always presented a unique paradigm of women in Asia - they have for example enjoyed two female Presidents. But as the only country in South East Asia with a predominantly Christian population, conception or rather contraception presents thorny legal issues. Watch Johanna tackle these tensions in the Symposium!

Abstract

This paper views discrimination as the restraint on women from making meaningful decisions with regard to their fertility which exposes them to several health risks, prevents them from maximizing their potential, and adversely affects the quality of their participation in and contribution to society and the economy. There exists an “unequal protection of the laws” where the fundamental needs of women are not given proper attention and they are prevented from exercising vital rights. Such restriction, in turn, contributes in causing, or oftentimes aggravates, poverty — a condition that also causes a number of people to be vulnerable to discrimination. In the Philippines there is presently no statute concerning reproductive health and rights, and that void is detrimental to and discriminatory against women. A “reproductive health care act,” it is suggested, would not only eliminate discrimination but could also form part of a solution to the current global food crisis.

Johanna is a second year law student studying in the University of Philippines. In her free time, she enjoys crossword puzzles, reading, watching DVDs of TV series like Lost and Heroes and taking her pet dog out for a walk.

Discrimination against Workers under the Special Economic Zones Act, 2005 - A Hindrance to India’s Development

Shatadru Chakraborty, NALSAR University of Law

25 August 2008, 1030, Moot Court

The second essay of the first session shifts to one of the world’s largest labour forces - India. Although focus on labour laws differs from country to country, India’s active unions and socialist laws provide an interesting background for Shatadru’s evaluation of a recent piece of legislation in India. Oppression, equality and rights are often prominent themes in labour law, so come down to the Symposium and take a look for yourself!

Abstract

Worker’s rights in India are traditionally protected through a web of pre- and post-colonial legislations. The Special Economic Zones Act, 2005 enacted by the Indian Parliament and the concomitant rules framed by the Central Government create a differential regime for worker’s in SEZ’s. This discrimination against worker’s employed in these zones through relaxation in labour laws is sought to be justified as a means of furthering the country’s economic growth. Such a justification is however mistaken as both the competing theories of development, the capabilities approach and the reformed neo-classical approach recognize disregard for core worker’s rights as a hindrance rather than a help to development. Compromise on rights of worker’s is a global problem, prevalent in varying degrees throughout the developing world. In the absence of an effective enforcement mechanism under the ILO and human rights treaties, a solution is sought in the emerging transnational labour movement.

Shatadru is a fourth year student from the NALSAR University of Law who is interested in public international law and maritime law. In his free time, Shatadru enjoys reading, watching movies, listening to music and debating on social issues.