Well now that I'm in yr 12, I don't need my prelim stuff anymore, and crappy as it is, there will be more use for it here than where it is currently, decaying in the depths of my hard drive.
This is an assessment task for prelim legal - media file, we focussed on ATSI and women. I got 98%. I would have attached the reports to the post but then I'd have to take off my name and the author etc thingos which is annoying, so you're just going to have to live without my pretty formatting.
The numbers are meant to be subscript things for footnoting, but they don't come up properly. Even if you knew which article I was referring to it wouldn't help you very much as you have to refer to recent media reports - and by this time next year my articles will be considered ancient. So it's basically like the works in the ext 2 forum - for perusal only, though if it helps you by all means take bits of it and here's the catch, PUT IT IN YOUR OWN WORDS.
So here you go, enjoy.
PRELIMINARY LEGAL STUDIES: ASSESSMENT 3
Research task: Media file
1. Women – the glass ceiling effect
One of the most significant issues hampering women’s advancement in the workplace is the phenomenon known as the glass ceiling effect. This ‘effect’ refers to the invisible barriers created by male prejudice which prevent women from being promoted above a certain level.
Factors which contribute to the glass ceiling effect include male prejudice, male dominated work practices, and the unwillingness of organisations to take into account women’s career paths. In a catalyst effect this has lead to a lack of female role models for younger women entering the professional workforce. Because there have been fewer women in highly paid jobs and promotional positions, women entering the workforce and girls in education tend to aim for less highly paid work and lower positions in a particular type of work. Lack of suitable role models make it more difficult for women to visualise themselves in, and thus aspire to, higher paid positions.
Taking in stride the recent Merrill Lynch scandal, in which female employees have lodged an extraordinary 1000 claims against the prestigious investment bank – alleging institutionalised sexism – the glass ceiling seems impervious to any of the dents feminist campaigners have attempted to chip upon its surface.1
Girls continue to outstrip boys in high school, unconfined by the ‘feminine’ subjects of English and humanities. In 2002 female candidates topped the HSC examinations in the sciences and maths2. Universities continue to churn out a majority of bright female students, with more and more entering the traditionally ‘male’ fields of law, business and engineering. A study by the Graduates Careers Council of Australia in 1999 found that female university graduates are beginning to catch up in terms of pay to male graduates, indication that university educated women are beginning to lessen the pay inequalities in some fields.3
Yet women hold less than 10 per cent of executive management posts or board directorships in Australia’s top 200 companies, and even this meagre percentage has stalled, according to a study last year by the Equal Opportunity for Women in the Workplace Agency.1
Of the 100 richest people in London, 99 were men – in 100th place was Philippa Rose. She is not ‘an arbitrage specialist, or a chairperson, or fund manager, or owner of a hedge fund, but a helpmate….the City's top headhunter’, evidence, according to journalist Valerie Lawson, that ‘not so much a glass ceiling [exists] as an iron door blocking the progress of women.’4
It seems that the maintenance of glass ceiling effect is due the institutionalised sex discrimination by men determined to maintain the status quo1. Women are simply not being taken seriously – still being percieved for the most part, if not as sex objects, then homemakers and child rearers. In response to a complaint about her heavy workload, Merrill Lynch market executive Stephanie Villalba (of ‘Suits and Sexism in the City’ fame) was told by her male supervisor that, ‘my maid works hard.’ She was also made to serve drinks to her male colleagues, allocated a ‘stewardess’ seat on the company jet, was later demoted and then fired. Fellow employee Elizabeth Weston was subjected to physical abuse and ‘disgusting’ comments about her ‘waps’.4
Employers have no qualms with demeaning their female staff, as evidenced in Westco forcing their employees to wear tight, revealing tops emblazoned with ‘Stop pretending you don’t want me’5
This is a sentiment echoed in academia as well. Sylvia Ann Hewlett’s celebrated book Creating a Life: Professional Women and the Quest for Children claimed that one-third to one-half of professional women were childless at 40 and for most of them this was not the way they had wanted their lives to be. In 2002 Professor James Tooley, of Britain's University of Newcastle, claimed in The Miseducation of Women that women would be much happier if they focused on home and family.1
As seen from the ‘Sexism and the City’ case4,6, sexual harassment is a major related issue, arising from and sustaining the glass ceiling effect. It is illegal in Australia under the Anti-Discrimination Act 1977 (NSW) and Sex Discrimination Act 1984 (Cth). One of the greatest problems concerning sexual harassment is that it is often not reported by women through fear of losing their jobs or suffering other recrimination. Indeed, Villalba was told by the head of human resources that she would be committing ‘career suicide’ if she made a formal complaint.4
Measures such as affirmative action have also been introduced to counter discrimination against women in the workplace, and so puncture the glass ceiling, with limited effectiveness. Affirmative action programs aim to ensure that over a period of time workplaces are restructured so that women and men have equality of employment and employment opportunities. The most far reaching program was implemented by the Affirmative Action (Equal Employment Opportunity for Women in the Workplace Act 1999 (Cth). This legislation requires higher education authorities and companies employing over 100 people to implement affirmative action over a period of time and report their progress to the Equal Opportunity for Women in the Workplace Agency. However such programs have been limited in their effectiveness. The legislation does not apply to workplaces of under 100 employees (thus many women do not benefit), fails to attract adequate penalties, and has done nothing to address some fundamental problems faced by female workers, such as lack of adequate child care facilities.
Affirmative action can also do nothing to change the attitudes of men to women in management positions, that which has been a major contributing factor to the glass ceiling effect.
Male bosses continue to discriminate against pregnant women and mothers, thus further hampering the promotion of women to higher career placements. This is despite the Sex Discrimination Act 1984 (Cth) outlawing this practice 20 years ago. According to the Human Rights and Equal Opportunity Commission website, recent instances include: a receptionist who was told by her employer to get an abortion — or resign and a worker with a large finance company who was demoted while on maternity leave. In both cases, the employer was found to be at fault and forced to pay compensation.7
In 2000, a national inquiry into this issue published its findings under the title: Pregnant and Productive: It's a right not a privilege to work while pregnant . In subsequent legislation employers were banned from asking women during job interviews about their plans to have children. Other simple measures like providing adequate toilet breaks, proper seating and access to larger uniforms (or not being required to wear a uniform) were also recommended.4 A small victory, but definitely not enough to staunch the permeation of the glass ceiling effect.
Gender bias poses another significant hiccup. The number of men in the judiciary, in other positions of legal authority and in the legal profession itself is far greater than the number of women. Within the legal system itself there is bias against women in anti-discrimination boards, legislation and the common law courts. Although Ms Weston’s boss had his bonus withdrawn as punishment for sexually harassing her, half was repaid on appeal.6
There has, however, been a growing tendency for the media to side with victims of discrimination/assault, as can be evidenced in the cases of Stephanie Villalba4, Elizabeth Weston6, and the victims of the Sydney gang rapes of 20008.
The Australian legal system has made some attempt at countering the glass ceiling but has not been extremely effective. More, and so much more could be done. Labor opposition leader Mark Latham has promised to introduce a ‘Choice and Opportunity’ policy if voted in, one that entails the preservation of Medicare and the provision of quality child care. He also promises to deal with ‘power imbalances’ in women's jobs and pay (compared with men’s) and introduce reforms so ‘people don't have to make the false choice between being a good parent and a good worker’.
His statement, ‘I know from personal experience that women's issues are now men's issues,’ brought out something unprecedented in an Australian political leader. He talked of men needing to do their share of housekeeping and childraising and of the need for men to ‘own’ the ‘dreadful cycle of domestic violence’9.
A signal, perhaps, that it’s up to men, not just women, to redress the power imbalance. According to journalist Anne Summers, in doing so, ‘he [Latham] placed women's policy firmly into the mainstream of his political agenda’9.
Perhaps there is hope for reform when the nation goes to the polls on October 9 this year.
PRELIMINARY LEGAL STUDIES: ASSESSMENT 3
Research task: Media file
2. Aboriginal and Torres Strait Islander people/police relations
Aboriginal and Torres Strait Islanders are one of the most severely disadvantaged groups in Australian society. Both ATSI birth mortality and unemployment rates are three times higher than that of the average population. The average life expectancy is 56 years of age, compared to the non-Aboriginal 77. Aboriginal people are far more likely to be arrested and imprisoned1. Aboriginal leader Pat Dodson comments dryly that ‘[and] This is supposed to be the lucky country, one of the strongest economies. Where’s the money going?’2.
These statistics show that despite repeated attempts to equalize the position of ATSI in society, they still face substantial disadvantage in many areas – most notably, health and criminal justice. Reasons for this include discrimination, poverty, sickness, unemployment, poor education and a sense of helplessness.
17-year-old TJ Hickey was a typical example. He left school in year 9, was unemployed and had a police record. Those close to him freely admit he occasionally stole. His father and two uncles are serving jail time for armed robbery. Struggling with life at the duller end of the socioeconomic spectrum, TJ had to be ‘a little Daddy’ to his six younger sisters.3
His untimely death in February this year sparked civil unrest in the predominantly indigenous streets of Redfern, re-exposing the legal injustices ATSI still face despite post-1967 reforms. In particular, the fragility of ATSI-police relations was brought again into harsh international – as well as domestic – spotlight.
Aboriginal people continue to be grossly over represented at all stages of the criminal system. They are 15 to 20 times more likely to be imprisoned Australia-wide. In NSW, Aboriginal people made up 12.4% of the prison population in 1996, although they account for less than 2 % of the population1. TJ’s aunt, Virginia Hickey, claims that “Nearly every black father is institutionalised. It's our sad case. And the mothers are left with four or five little kids. It sends them crazy ... Some of the mums get on the needle and then the kids don't have a mum or a dad”3. Having been taken from their own families as children, members of the Stolen Generation simply do not know how to parent; they do not know how to keep from straying beyond the boundaries of the law themselves, let alone teach their children. Free parenting courses and the beneficial interference of social welfare – there are concerns DOCS is simply not fulfilling its role3 – could work wonders, if only our government could muster the energy to care (I know, bias, but there was bias in ‘It takes a riot…’).
ATSI are more likely to die and to be mistreated while in police custody, are less likely to receive bail and to have legal representation and assistance. They are also more likely to plead guilty in advent of trial. Concern into Aboriginal deaths in custody manifested itself into the 1987 Royal Commission into Aboriginal Deaths in Custody. Recommendations of the inquiry lead to some beneficial action, such as the establishment of the Aboriginal Justice Advisory Council, although the majority of which was minor and unevenly distributed throughout the nation1.
And that’s not all. ATSI are also twenty times more likely to be picked up by the police1, hence allegations that TJ was chased to his death by police. NSW Police deny such the claim3, whilst his girlfriend, April Ceissman, on the other hand, is sure of it: ‘…[the police] chase anyone, cos that's what they do.’4
Aboriginality makes a person more visible to the police simply because of facial features and skin colour. Aboriginal customs such as drinking outdoors also contribute to the visibility of Aboriginal people, both to the general community and the police. Studies have show that poor and unemployed people are often targeted by the police and are disadvantaged in the system. Aboriginal people are often poor and unemployed and are thus doubly disadvantaged1 – as in the case of TJ Hickey.
Present problems regarding police and ATSI have been exacerbated by the historically atrocious treatment of ATSI by police. Cherry Hooker – friend of TJ’s mother Gail – admonishes that, ‘The police have harassed our kids for too long. This has been happening since I was a kid, it’s been happening forever…I have never been in trouble in my life, but when the police come I am frightened and run. If that’s what it’s like for an adult, what is it like for the kids?’3
Aboriginal people are also far more likely to be apprehended by police for public order offences under the Summary Offences Act 1988 (NSW). Some argue such offences, which include offensive conduct and language, provide a means through which police can harass and subdue innocent ATSI. Detention for drunkenness, permitted by the Intoxicated Persons Act 1979 (NSW), has also been perceived as a form of police discrimination against ATSI1. Hickey’s cousin was banned from his local school and then home town as a public nuisance – his mother claims he was constantly targeted by police3.
There is some evidence of systematic and widespread violence towards Aboriginal people, especially Aboriginal youth. A 1991 report issued by criminologist Chris Cuneen, showed 88% of those surveyed had been subjected to physical violence by police1.
And the list goes on. During both police interrogation and court procedures, ATSI can be severely disadvantaged because of language difficulties, cultural attitudes and health problems. Police resources are also often dispersed in a way that towns and suburbs with large Aboriginal populations are provided with a disproportionately large number of police. For example, in the high ATSI population town of Bourke, there was one police officer for every 120 people, compared to one for every 926 in the low ATSI population town of Chatswood1.
And while police are often criticized for discriminating against ATSI, they are often only acting in accordance with the expectations of the general public, especially in smaller communities.
According to Ray Jackson of the Indigenous Social Justice Association, only police higher up in the administration have got their attitudes right. But many police straight out of college are ‘full of adrenaline and testosterone and we have always have some particularly bad officers at Redfern.’3
There are arguments this view is unjustified. Indeed police have been making vigilant attempts at mopping up spilt milk – what with mentoring programs, helping ATSI children get ready for school, serving them breakfast and then escorting them there, taking them to camps and to nippers on weekends – working unpaid overtime in the process. "We've had a gutful of being the political footballs," said one anonymously angry Redfern officer. "We have gone above and beyond our roles, extending into the field of social work, where we shouldn't have to go. We have had to do it because no one else is."4 SMH columnist Miranda Devine comments wryly that, nonetheless, ‘the police have the Greens senator Kerry Nettle…complaining about the "enormous police presence" around Redfern station during…[the February] riot. "The simple fact that young Aboriginal children are taking flight when they see police officers in the area is an indication that there is a problem. Such a flight response is generated by fear, and more heavy police tactics will not solve the distrust and understandable anger."…Understandable anger at being taken to Nippers on Sunday morning?’4
While there is much that could be done , little has actually been done.
As a large percentage of ATSI are apprehended for public-order offences, many argue that a repeal or amendment of the Summary Offences Act would abolish a means of discriminatory power use. Nothing has been drafted as of date.
There are also claims police are inadequately screened at recruitment for racial prejudice, and also inadequately trained to deal with the challenges of policing in ATSI communities before being allocated to such communities. Thus, improved training programs for police, more careful distribution of forces and efforts to recruit ATSI as police may have the effect of easing ATSI-police tension. Both state and federal governments have implemented such changes following the Royal Commission into Aboriginal Deaths in Custody recommendations, but with little success.
The 1991 National Report of the Royal Commission into Aboriginal Deaths in Custody noted that alcohol was frequently related to ATSI deaths in custody. It therefore recommended that adequately funded programs be instituted to establish care facilities for those who are intoxicated whilst in custody and also that wider training programs aimed at reducing alcohol abuse be implemented. The Federal government obliged with its 1992 pledge of $61 million toward alcohol abuse reduction programs for ATSI1.
Some perceive the ATSI rightfully deserving of self determination, and that until this is gained they will be disadvantaged not only by the legal system but by society as well. Self determination may lead to greater sense of hope and purpose amongst the ATSI. Treaties with indigenous peoples and a closer relationship with federal governments have improved the situation of ATSI’s Canadian, NZ and US counterparts. Aboriginal leader Pat Dodson has called for similar agreements, advising that health be linked to integrated strategies in education, housing and a broader recognition of Aboriginal Australians in the life of the nation. There is promise in the growing numbers of Indigenous medical and nursing graduates2.
However those currently in power seem reluctant to grant our indigenous peoples a simple apology, let alone independence.
It is significant that many disadvantages suffered by ATSI in the criminal justice system are a direct result of their less than desirable socioeconomic circumstances. Factors such as disproportionate unemployment, poverty, alcohol and other substance abuse, inadequate housing and health problems all contribute to the over-representation of ATSI in the criminal justice system. We have TJ’s 14 year old girlfriend smoking and ‘liberally peppering every sentence with expletives’4, another ATSI girl being interviewed on national television wearing a T-shirt proclaiming ‘Buy me a drink and I’m yours’5, ATSI kids sniffing paint in front of town halls3, pedophiles and drug dealers doing business in broad daylight on the Block3. The light at the end of the tunnel is there, is real– in TJ’s example his going to see a counselor about returning to school to do his HSC3. But until these issues are appropriately addressed, ATSI will continue to be disadvantaged in the criminal justice system, and thus, discriminated against by police.
Education could be the answer. It has the potential to serve as a viable a way up, not a way out – it is unlikely ATSI will ever achieve equal status if the majority continues to rely on welfare payments and work in low-paying manual jobs. Education has been the migrant vehicle for ascendance up the socio-economic ladder, and because of the many similarities between the two disadvantaged groups ATSI should hypothetically be able to follow in their footsteps. The government should establish more indigenous university scholarships and allocate places at selective schools for ATSI, and implement financial/emotional assistance programs for ATSI schoolchildren, especially teenagers. ATSI teenagers should be actively encouraged to finish high school, to enroll in more academically demanding courses (Engineering Studies, extension maths, the sciences etc.) and continue onto tertiary education as to increase employability. Training more indigenous people as teachers may minimize the unfamiliarity ATSI schoolchildren may experience in predominantly white schools. The more ATSI entering the white collar professions, the more likely the achievement of equal status. Positive role models such Democrat Senator Aden Ridgeway and media personality Ernie Dingo should involve themselves in programs seeking to further the domestic eminence of ATSI.
Of correlation to the less than desirable legal status of ATSI is the appalling state of ATSI health. Many Aboriginals fall into legal strife because of health problems, drugs or alcohol. As such more extensive anti-drug, anti-alcohol, anti-crime and public health programs should also be implemented. Special health/alcohol/drug abuse clinics should be established for ATSI, as well as public health education programs, free or low cost counseling/basic medical care. Access to contraception and provision for sexual health services should be increased. Governments, in conjunction with community welfare groups, should attempt to offer ATSI youth alternatives to drugs – sport, drama, writing groups.
Changes in racist attitudes held by the public are also necessary before ATSI can gain true legal equality. Although change is such attitudes are notoriously difficult and slow, broader education programs, the reconciliation process and anti-discrimination laws endeavour to address this problem.
Though anti discrimination laws such as the Anti-Discrimination Act 1977 (NSW) and the Racial Discrimination Act 1975 (Cth) have had some sway in relieving discrimination against ATSI, their effect has been largely limited. One reason for this is that having a complaint heard is slow and cumbersome, often taking several years for a matter to be finalized. ATSI often feel it is not worth making a complaint to the Anti-Discrimination Board.
Many are also dissatisfied with the results of their complaints, wishing to see the perpetrators of discriminatory acts punished. The remedies available may not be enough to prevent further discrimination. NSW legislation provides only for fines and imprisonment in serious cases of racial vilification; there are recommendations use of criminal penalties needs to be extended. There should be some Federal effort made to maximize effectiveness whilst simultaneously minimizing cost and delay. For example, alternative dispute methods such as arbitration and mediation could be put to use.
That the legal system has taken a stab at resolving the conflict cannot be denied. However, stereotyping continues to occur; thousands of ATSI kids continue to wander the streets in a faze of alcohol, drugs and abuse. And despite all that has been done, all the legislation, National Sorry Day, reconciliation, the black and white cultural divide has sometimes proved just too much. White Australians simply do not, and may not ever have the capacity to understand the complexities of the cultural barrier. Virginia Hickey claims that, ‘It's just pathetic being black…You'd never know if you weren't dark.’3
In the words of Fred Chaney, co-chairman of Reconciliation Australia and deputy president of the National Native Title Tribunal: ‘We must not allow our despair over the tragic death of a young man, nor the reactions of those around him, to stop us recognising that all over Australia people are working towards creative solutions. We need to redouble our efforts to get it right. The pockets of success in reconciliation show us that it can be done. We must ensure that good intentions are translated into positive action.’6
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Hope that helped.
Anyway, anyone that has similar stuff, please post.
-cherry
This is an assessment task for prelim legal - media file, we focussed on ATSI and women. I got 98%. I would have attached the reports to the post but then I'd have to take off my name and the author etc thingos which is annoying, so you're just going to have to live without my pretty formatting.
The numbers are meant to be subscript things for footnoting, but they don't come up properly. Even if you knew which article I was referring to it wouldn't help you very much as you have to refer to recent media reports - and by this time next year my articles will be considered ancient. So it's basically like the works in the ext 2 forum - for perusal only, though if it helps you by all means take bits of it and here's the catch, PUT IT IN YOUR OWN WORDS.
So here you go, enjoy.
PRELIMINARY LEGAL STUDIES: ASSESSMENT 3
Research task: Media file
1. Women – the glass ceiling effect
One of the most significant issues hampering women’s advancement in the workplace is the phenomenon known as the glass ceiling effect. This ‘effect’ refers to the invisible barriers created by male prejudice which prevent women from being promoted above a certain level.
Factors which contribute to the glass ceiling effect include male prejudice, male dominated work practices, and the unwillingness of organisations to take into account women’s career paths. In a catalyst effect this has lead to a lack of female role models for younger women entering the professional workforce. Because there have been fewer women in highly paid jobs and promotional positions, women entering the workforce and girls in education tend to aim for less highly paid work and lower positions in a particular type of work. Lack of suitable role models make it more difficult for women to visualise themselves in, and thus aspire to, higher paid positions.
Taking in stride the recent Merrill Lynch scandal, in which female employees have lodged an extraordinary 1000 claims against the prestigious investment bank – alleging institutionalised sexism – the glass ceiling seems impervious to any of the dents feminist campaigners have attempted to chip upon its surface.1
Girls continue to outstrip boys in high school, unconfined by the ‘feminine’ subjects of English and humanities. In 2002 female candidates topped the HSC examinations in the sciences and maths2. Universities continue to churn out a majority of bright female students, with more and more entering the traditionally ‘male’ fields of law, business and engineering. A study by the Graduates Careers Council of Australia in 1999 found that female university graduates are beginning to catch up in terms of pay to male graduates, indication that university educated women are beginning to lessen the pay inequalities in some fields.3
Yet women hold less than 10 per cent of executive management posts or board directorships in Australia’s top 200 companies, and even this meagre percentage has stalled, according to a study last year by the Equal Opportunity for Women in the Workplace Agency.1
Of the 100 richest people in London, 99 were men – in 100th place was Philippa Rose. She is not ‘an arbitrage specialist, or a chairperson, or fund manager, or owner of a hedge fund, but a helpmate….the City's top headhunter’, evidence, according to journalist Valerie Lawson, that ‘not so much a glass ceiling [exists] as an iron door blocking the progress of women.’4
It seems that the maintenance of glass ceiling effect is due the institutionalised sex discrimination by men determined to maintain the status quo1. Women are simply not being taken seriously – still being percieved for the most part, if not as sex objects, then homemakers and child rearers. In response to a complaint about her heavy workload, Merrill Lynch market executive Stephanie Villalba (of ‘Suits and Sexism in the City’ fame) was told by her male supervisor that, ‘my maid works hard.’ She was also made to serve drinks to her male colleagues, allocated a ‘stewardess’ seat on the company jet, was later demoted and then fired. Fellow employee Elizabeth Weston was subjected to physical abuse and ‘disgusting’ comments about her ‘waps’.4
Employers have no qualms with demeaning their female staff, as evidenced in Westco forcing their employees to wear tight, revealing tops emblazoned with ‘Stop pretending you don’t want me’5
This is a sentiment echoed in academia as well. Sylvia Ann Hewlett’s celebrated book Creating a Life: Professional Women and the Quest for Children claimed that one-third to one-half of professional women were childless at 40 and for most of them this was not the way they had wanted their lives to be. In 2002 Professor James Tooley, of Britain's University of Newcastle, claimed in The Miseducation of Women that women would be much happier if they focused on home and family.1
As seen from the ‘Sexism and the City’ case4,6, sexual harassment is a major related issue, arising from and sustaining the glass ceiling effect. It is illegal in Australia under the Anti-Discrimination Act 1977 (NSW) and Sex Discrimination Act 1984 (Cth). One of the greatest problems concerning sexual harassment is that it is often not reported by women through fear of losing their jobs or suffering other recrimination. Indeed, Villalba was told by the head of human resources that she would be committing ‘career suicide’ if she made a formal complaint.4
Measures such as affirmative action have also been introduced to counter discrimination against women in the workplace, and so puncture the glass ceiling, with limited effectiveness. Affirmative action programs aim to ensure that over a period of time workplaces are restructured so that women and men have equality of employment and employment opportunities. The most far reaching program was implemented by the Affirmative Action (Equal Employment Opportunity for Women in the Workplace Act 1999 (Cth). This legislation requires higher education authorities and companies employing over 100 people to implement affirmative action over a period of time and report their progress to the Equal Opportunity for Women in the Workplace Agency. However such programs have been limited in their effectiveness. The legislation does not apply to workplaces of under 100 employees (thus many women do not benefit), fails to attract adequate penalties, and has done nothing to address some fundamental problems faced by female workers, such as lack of adequate child care facilities.
Affirmative action can also do nothing to change the attitudes of men to women in management positions, that which has been a major contributing factor to the glass ceiling effect.
Male bosses continue to discriminate against pregnant women and mothers, thus further hampering the promotion of women to higher career placements. This is despite the Sex Discrimination Act 1984 (Cth) outlawing this practice 20 years ago. According to the Human Rights and Equal Opportunity Commission website, recent instances include: a receptionist who was told by her employer to get an abortion — or resign and a worker with a large finance company who was demoted while on maternity leave. In both cases, the employer was found to be at fault and forced to pay compensation.7
In 2000, a national inquiry into this issue published its findings under the title: Pregnant and Productive: It's a right not a privilege to work while pregnant . In subsequent legislation employers were banned from asking women during job interviews about their plans to have children. Other simple measures like providing adequate toilet breaks, proper seating and access to larger uniforms (or not being required to wear a uniform) were also recommended.4 A small victory, but definitely not enough to staunch the permeation of the glass ceiling effect.
Gender bias poses another significant hiccup. The number of men in the judiciary, in other positions of legal authority and in the legal profession itself is far greater than the number of women. Within the legal system itself there is bias against women in anti-discrimination boards, legislation and the common law courts. Although Ms Weston’s boss had his bonus withdrawn as punishment for sexually harassing her, half was repaid on appeal.6
There has, however, been a growing tendency for the media to side with victims of discrimination/assault, as can be evidenced in the cases of Stephanie Villalba4, Elizabeth Weston6, and the victims of the Sydney gang rapes of 20008.
The Australian legal system has made some attempt at countering the glass ceiling but has not been extremely effective. More, and so much more could be done. Labor opposition leader Mark Latham has promised to introduce a ‘Choice and Opportunity’ policy if voted in, one that entails the preservation of Medicare and the provision of quality child care. He also promises to deal with ‘power imbalances’ in women's jobs and pay (compared with men’s) and introduce reforms so ‘people don't have to make the false choice between being a good parent and a good worker’.
His statement, ‘I know from personal experience that women's issues are now men's issues,’ brought out something unprecedented in an Australian political leader. He talked of men needing to do their share of housekeeping and childraising and of the need for men to ‘own’ the ‘dreadful cycle of domestic violence’9.
A signal, perhaps, that it’s up to men, not just women, to redress the power imbalance. According to journalist Anne Summers, in doing so, ‘he [Latham] placed women's policy firmly into the mainstream of his political agenda’9.
Perhaps there is hope for reform when the nation goes to the polls on October 9 this year.
PRELIMINARY LEGAL STUDIES: ASSESSMENT 3
Research task: Media file
2. Aboriginal and Torres Strait Islander people/police relations
Aboriginal and Torres Strait Islanders are one of the most severely disadvantaged groups in Australian society. Both ATSI birth mortality and unemployment rates are three times higher than that of the average population. The average life expectancy is 56 years of age, compared to the non-Aboriginal 77. Aboriginal people are far more likely to be arrested and imprisoned1. Aboriginal leader Pat Dodson comments dryly that ‘[and] This is supposed to be the lucky country, one of the strongest economies. Where’s the money going?’2.
These statistics show that despite repeated attempts to equalize the position of ATSI in society, they still face substantial disadvantage in many areas – most notably, health and criminal justice. Reasons for this include discrimination, poverty, sickness, unemployment, poor education and a sense of helplessness.
17-year-old TJ Hickey was a typical example. He left school in year 9, was unemployed and had a police record. Those close to him freely admit he occasionally stole. His father and two uncles are serving jail time for armed robbery. Struggling with life at the duller end of the socioeconomic spectrum, TJ had to be ‘a little Daddy’ to his six younger sisters.3
His untimely death in February this year sparked civil unrest in the predominantly indigenous streets of Redfern, re-exposing the legal injustices ATSI still face despite post-1967 reforms. In particular, the fragility of ATSI-police relations was brought again into harsh international – as well as domestic – spotlight.
Aboriginal people continue to be grossly over represented at all stages of the criminal system. They are 15 to 20 times more likely to be imprisoned Australia-wide. In NSW, Aboriginal people made up 12.4% of the prison population in 1996, although they account for less than 2 % of the population1. TJ’s aunt, Virginia Hickey, claims that “Nearly every black father is institutionalised. It's our sad case. And the mothers are left with four or five little kids. It sends them crazy ... Some of the mums get on the needle and then the kids don't have a mum or a dad”3. Having been taken from their own families as children, members of the Stolen Generation simply do not know how to parent; they do not know how to keep from straying beyond the boundaries of the law themselves, let alone teach their children. Free parenting courses and the beneficial interference of social welfare – there are concerns DOCS is simply not fulfilling its role3 – could work wonders, if only our government could muster the energy to care (I know, bias, but there was bias in ‘It takes a riot…’).
ATSI are more likely to die and to be mistreated while in police custody, are less likely to receive bail and to have legal representation and assistance. They are also more likely to plead guilty in advent of trial. Concern into Aboriginal deaths in custody manifested itself into the 1987 Royal Commission into Aboriginal Deaths in Custody. Recommendations of the inquiry lead to some beneficial action, such as the establishment of the Aboriginal Justice Advisory Council, although the majority of which was minor and unevenly distributed throughout the nation1.
And that’s not all. ATSI are also twenty times more likely to be picked up by the police1, hence allegations that TJ was chased to his death by police. NSW Police deny such the claim3, whilst his girlfriend, April Ceissman, on the other hand, is sure of it: ‘…[the police] chase anyone, cos that's what they do.’4
Aboriginality makes a person more visible to the police simply because of facial features and skin colour. Aboriginal customs such as drinking outdoors also contribute to the visibility of Aboriginal people, both to the general community and the police. Studies have show that poor and unemployed people are often targeted by the police and are disadvantaged in the system. Aboriginal people are often poor and unemployed and are thus doubly disadvantaged1 – as in the case of TJ Hickey.
Present problems regarding police and ATSI have been exacerbated by the historically atrocious treatment of ATSI by police. Cherry Hooker – friend of TJ’s mother Gail – admonishes that, ‘The police have harassed our kids for too long. This has been happening since I was a kid, it’s been happening forever…I have never been in trouble in my life, but when the police come I am frightened and run. If that’s what it’s like for an adult, what is it like for the kids?’3
Aboriginal people are also far more likely to be apprehended by police for public order offences under the Summary Offences Act 1988 (NSW). Some argue such offences, which include offensive conduct and language, provide a means through which police can harass and subdue innocent ATSI. Detention for drunkenness, permitted by the Intoxicated Persons Act 1979 (NSW), has also been perceived as a form of police discrimination against ATSI1. Hickey’s cousin was banned from his local school and then home town as a public nuisance – his mother claims he was constantly targeted by police3.
There is some evidence of systematic and widespread violence towards Aboriginal people, especially Aboriginal youth. A 1991 report issued by criminologist Chris Cuneen, showed 88% of those surveyed had been subjected to physical violence by police1.
And the list goes on. During both police interrogation and court procedures, ATSI can be severely disadvantaged because of language difficulties, cultural attitudes and health problems. Police resources are also often dispersed in a way that towns and suburbs with large Aboriginal populations are provided with a disproportionately large number of police. For example, in the high ATSI population town of Bourke, there was one police officer for every 120 people, compared to one for every 926 in the low ATSI population town of Chatswood1.
And while police are often criticized for discriminating against ATSI, they are often only acting in accordance with the expectations of the general public, especially in smaller communities.
According to Ray Jackson of the Indigenous Social Justice Association, only police higher up in the administration have got their attitudes right. But many police straight out of college are ‘full of adrenaline and testosterone and we have always have some particularly bad officers at Redfern.’3
There are arguments this view is unjustified. Indeed police have been making vigilant attempts at mopping up spilt milk – what with mentoring programs, helping ATSI children get ready for school, serving them breakfast and then escorting them there, taking them to camps and to nippers on weekends – working unpaid overtime in the process. "We've had a gutful of being the political footballs," said one anonymously angry Redfern officer. "We have gone above and beyond our roles, extending into the field of social work, where we shouldn't have to go. We have had to do it because no one else is."4 SMH columnist Miranda Devine comments wryly that, nonetheless, ‘the police have the Greens senator Kerry Nettle…complaining about the "enormous police presence" around Redfern station during…[the February] riot
While there is much that could be done , little has actually been done.
As a large percentage of ATSI are apprehended for public-order offences, many argue that a repeal or amendment of the Summary Offences Act would abolish a means of discriminatory power use. Nothing has been drafted as of date.
There are also claims police are inadequately screened at recruitment for racial prejudice, and also inadequately trained to deal with the challenges of policing in ATSI communities before being allocated to such communities. Thus, improved training programs for police, more careful distribution of forces and efforts to recruit ATSI as police may have the effect of easing ATSI-police tension. Both state and federal governments have implemented such changes following the Royal Commission into Aboriginal Deaths in Custody recommendations, but with little success.
The 1991 National Report of the Royal Commission into Aboriginal Deaths in Custody noted that alcohol was frequently related to ATSI deaths in custody. It therefore recommended that adequately funded programs be instituted to establish care facilities for those who are intoxicated whilst in custody and also that wider training programs aimed at reducing alcohol abuse be implemented. The Federal government obliged with its 1992 pledge of $61 million toward alcohol abuse reduction programs for ATSI1.
Some perceive the ATSI rightfully deserving of self determination, and that until this is gained they will be disadvantaged not only by the legal system but by society as well. Self determination may lead to greater sense of hope and purpose amongst the ATSI. Treaties with indigenous peoples and a closer relationship with federal governments have improved the situation of ATSI’s Canadian, NZ and US counterparts. Aboriginal leader Pat Dodson has called for similar agreements, advising that health be linked to integrated strategies in education, housing and a broader recognition of Aboriginal Australians in the life of the nation. There is promise in the growing numbers of Indigenous medical and nursing graduates2.
However those currently in power seem reluctant to grant our indigenous peoples a simple apology, let alone independence.
It is significant that many disadvantages suffered by ATSI in the criminal justice system are a direct result of their less than desirable socioeconomic circumstances. Factors such as disproportionate unemployment, poverty, alcohol and other substance abuse, inadequate housing and health problems all contribute to the over-representation of ATSI in the criminal justice system. We have TJ’s 14 year old girlfriend smoking and ‘liberally peppering every sentence with expletives’4, another ATSI girl being interviewed on national television wearing a T-shirt proclaiming ‘Buy me a drink and I’m yours’5, ATSI kids sniffing paint in front of town halls3, pedophiles and drug dealers doing business in broad daylight on the Block3. The light at the end of the tunnel is there, is real– in TJ’s example his going to see a counselor about returning to school to do his HSC3. But until these issues are appropriately addressed, ATSI will continue to be disadvantaged in the criminal justice system, and thus, discriminated against by police.
Education could be the answer. It has the potential to serve as a viable a way up, not a way out – it is unlikely ATSI will ever achieve equal status if the majority continues to rely on welfare payments and work in low-paying manual jobs. Education has been the migrant vehicle for ascendance up the socio-economic ladder, and because of the many similarities between the two disadvantaged groups ATSI should hypothetically be able to follow in their footsteps. The government should establish more indigenous university scholarships and allocate places at selective schools for ATSI, and implement financial/emotional assistance programs for ATSI schoolchildren, especially teenagers. ATSI teenagers should be actively encouraged to finish high school, to enroll in more academically demanding courses (Engineering Studies, extension maths, the sciences etc.) and continue onto tertiary education as to increase employability. Training more indigenous people as teachers may minimize the unfamiliarity ATSI schoolchildren may experience in predominantly white schools. The more ATSI entering the white collar professions, the more likely the achievement of equal status. Positive role models such Democrat Senator Aden Ridgeway and media personality Ernie Dingo should involve themselves in programs seeking to further the domestic eminence of ATSI.
Of correlation to the less than desirable legal status of ATSI is the appalling state of ATSI health. Many Aboriginals fall into legal strife because of health problems, drugs or alcohol. As such more extensive anti-drug, anti-alcohol, anti-crime and public health programs should also be implemented. Special health/alcohol/drug abuse clinics should be established for ATSI, as well as public health education programs, free or low cost counseling/basic medical care. Access to contraception and provision for sexual health services should be increased. Governments, in conjunction with community welfare groups, should attempt to offer ATSI youth alternatives to drugs – sport, drama, writing groups.
Changes in racist attitudes held by the public are also necessary before ATSI can gain true legal equality. Although change is such attitudes are notoriously difficult and slow, broader education programs, the reconciliation process and anti-discrimination laws endeavour to address this problem.
Though anti discrimination laws such as the Anti-Discrimination Act 1977 (NSW) and the Racial Discrimination Act 1975 (Cth) have had some sway in relieving discrimination against ATSI, their effect has been largely limited. One reason for this is that having a complaint heard is slow and cumbersome, often taking several years for a matter to be finalized. ATSI often feel it is not worth making a complaint to the Anti-Discrimination Board.
Many are also dissatisfied with the results of their complaints, wishing to see the perpetrators of discriminatory acts punished. The remedies available may not be enough to prevent further discrimination. NSW legislation provides only for fines and imprisonment in serious cases of racial vilification; there are recommendations use of criminal penalties needs to be extended. There should be some Federal effort made to maximize effectiveness whilst simultaneously minimizing cost and delay. For example, alternative dispute methods such as arbitration and mediation could be put to use.
That the legal system has taken a stab at resolving the conflict cannot be denied. However, stereotyping continues to occur; thousands of ATSI kids continue to wander the streets in a faze of alcohol, drugs and abuse. And despite all that has been done, all the legislation, National Sorry Day, reconciliation, the black and white cultural divide has sometimes proved just too much. White Australians simply do not, and may not ever have the capacity to understand the complexities of the cultural barrier. Virginia Hickey claims that, ‘It's just pathetic being black…You'd never know if you weren't dark.’3
In the words of Fred Chaney, co-chairman of Reconciliation Australia and deputy president of the National Native Title Tribunal: ‘We must not allow our despair over the tragic death of a young man, nor the reactions of those around him, to stop us recognising that all over Australia people are working towards creative solutions. We need to redouble our efforts to get it right. The pockets of success in reconciliation show us that it can be done. We must ensure that good intentions are translated into positive action.’6
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Hope that helped.
Anyway, anyone that has similar stuff, please post.
-cherry
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