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ethnicity
This page considers law and discrimination on the basis
of ethicity (aka racial discrimination) in Australia.
It covers -
introduction
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principles and issues
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cases
Key cases are -
- Rugema
v J Gadsten Pty Ltd [1997] EOC 92-887
- Cvetkovski
v Cleary Bros (Bombo) Pty Ltd [1999] EOC 93-032
- Carr
v Boree Aboriginal Corp (2003) FMCA 408
- Horman
v Distribution Group Limited [2001] FMCA 52
- Horman
v Distribution Group Limited [2002] FCA 219
- Bropho
v State of Western Australia [2008] FCAFC 100
studies
Studies of the primary legislation include -
- h
- 'Has
the Racial Discrimination Act contributed to eliminating
racial discrimination? Analysing the litigation track
record 2000-04' by Beth Gaze in 6 Australian Journal
of Human Rights (2005) - here
- 'Why
has the Racial Discrimination Act 1975 (Cth) failed
indigenous people?' by Martin Flynn in 9(1) Australian
Indigenous Law Reporter (2005) 15-27
- 'Skin
Deep: Proof and Inferences of Racial Discrimination
in Employment' by Jonathon Hunyor in Sydney Law
Review (2003).
Other
works of particular significance include HREOC's Bringing
them Home. National Inquiry into the Separation of Aboriginal
and Torres Strait Islander Children from their Families
(Sydney: HREOC 1997).
Assessments of racial vilification law include -
- 'So
Far So Good: A Critical Evaluation of Racial Vilification
Laws in Australia' by Dan Meagher in 32(2) Federal
Law Review (2004) - here
-
'Racial Vilification and ICERD in Australia' (1995)
by Louise Johns - here
-
Regulating Racism: Racial Vilification Laws in Australia
(Sydney: Sydney Institute of Criminology 2002) by Luke
McNamara
- h
Other
works regarding hatespeech (aka vilification) are highlighted
here.
Implications of language are highlighted in Interpreters
and the Legal System (Leichhardt: Federation Press
1994) by Kathy Laster & Veronica Taylor,
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