Category: Human rights

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Quick link: decriminalise abortion in NSW

This article originally appeared on Hoyden About Town.

In 2013 and 2014 there was a push to introduce legislation which incorporated fetal personhood into law in NSW: Crimes Amendment (Zoe’s Law) Bill (No. 2) 2013. See for example Julie Hamblin’s commentary at the time on how such legislation could be used to further restrict access to abortion in NSW, even when the stated purpose is to allow for abusive violence to fetuses to be punished. The bill passed the Lower House of NSW Parliament but was never put to the Upper House, and thus lapsed in November 2014 when the 55th Parliament ended. It never became law.

Leslie Cannold, speaking to a Greens forum in September 2013 (video here, not subtitled) called on NSW to not only fight a rear-guard action in defending pregnant people seeking abortions from further rights being granted to fetuses, but to follow Victoria (and later Tasmania) in decriminalising abortion entirely. And now Greens MLC Dr Mehreen Faruqi, is campaigning for the decriminalisation of abortion in NSW. Here are some of the facts about abortion access in NSW her flyer gives:

The laws surrounding access to abortion in NSW are very confusing. Abortion is currently in the Crimes Act (Sections 82-84), although court decisions have established that abortion will not be unlawful if a doctor reasonably believes it is necessary to save the woman from serious danger to her life, or mental or physical health[…]

In NSW, an abortion is unlawful unless a doctor deems that a woman’s physical, psychological and/or mental health is in serious danger. The criterion of ‘mental health’ can include economic and/or social factors[…]

Any amendments to the Crimes Act, such as those proposed by supporters of foetal personhood laws risks changing that interpretation. By removing abortion from the Crimes Act, it will no longer be a criminal offence and women and their doctors will no longer have to rely on the interpretation of the law by a court in each case in order to avoid criminal liability.

Learn more about the campaign at the Decriminalise Abortion page on Faruqi’s website. You can help by signing the online petition in support of decriminalisation or collecting signatures offline.

Featured image credit:
Pro_Choice_March-Texas_State_Capitol-2013_07_01-9378.jpg by ann harkness on Flickr.

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Unhappy data retention day

This article originally appeared on Hoyden About Town.

This morning, Australia’s mandatory 2 year data retention regime began. Internet activity through Australian ISPs (including mobile phone providers) is now recorded. Australians, according to Crikey, here is what is likely to be retained about your accessing this link today:

  • your name and similar identifying details on your Internet account
  • the Internet address of where you accessed Hoyden About Town from
  • the Internet address of Hoyden About Town itself
  • the date and time you accessed this site
  • how long you accessed it for (quickly, in the case of websites, no doubt, but what if you were Skyping with us?)
  • what technical services you used (HTTP over ADSL or mobile or cable or …)

If you are accessing this over a mobile device, your location is also stored, to quite a high degree of accuracy. This data is also by far the hardest to conceal using any method, since it’s revealed as a core part of your phone’s communication with cell towers.

At least the actual specific page you accessed would not (or at least need not) be retained, if I am interpreting the information at Allens and Crikey correctly.

Surveillance cameras attached to a building exterior
Surveillance, by Jonathan McIntosh CC BY-SA

Further reading:

Image credit: Surveillance by Jonathan McIntosh, Creative Commons Attribution-Sharealike.

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Quick links: nothing to hide

This article originally appeared on Hoyden About Town.

Data retention is coming to Australia very soon.

[Data retained] includes your name, address and other identifying information, your contract details, billing and payment information. In relation to each communication, it includes the date, start and finish times, and the identities of the other parties to the communication. And it includes the location data, such as the mobile cell towers or Wi-Fi hotspots you were accessing at the time…

But surely they’ve included special protections for communications between doctors and patients, and lawyers and clients? No. Never even discussed…

The Joint Committee recommended that the Act be amended to ensure that the metadata can’t be obtained by parties in civil litigation cases (I’ve mentioned before how excited litigation lawyers will be about all this lovely new data), and George Brandis said that would be fixed in the final amendments. But it isn’t there. The final Bill being bulldozed through Parliament right now contains no such protection. The fact remains that, under the Telecommunications Act, one of the situations in which a service provider cannot resist handing over stored data is when a court has required it by issuing a subpoena. In practice, that means that your ex-spouse, former business partners, suspicious insurance company or employer can get hold of a complete digital history of your movements and communications for the past two years, and use it against you in court.

Michael Bradley, Our privacy is about to be serially infringed, The Drum, March 19 2015

Surveillance cameras attached to a building exterior
Surveillance, by Jonathan McIntosh@Flickr CC BY-SA

Noted elsewhere: all this data will be stored by various companies with varying degrees of security awareness, so in practice it will sometimes be available to some criminals too.

Elsewhere:

Image credit: Surveillance by Jonathan McIntosh, Creative Commons Atttribution-Sharealike

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Reproductive rights round-up: NSW, Vic, SA, Tas

This article originally appeared on Hoyden About Town.

There’s a lot going on right now in terms of trying to implement fetal personhood provisions and wind back legal abortion around Australia. Here’s the news from four states, anything we’ve missed? What actions are you taking in response?

New South Wales: Crimes Amendment (Zoe’s Law) Bill (No. 2) 2013 has passed the Lower House

Discussion of this has previously appeared on HAT. Since that post, this bill has passed the Legislative Assembly (lower house) following a conscience vote and by a large margin (63 to 26). It will be read in the Legislative Assembly (upper house) in 2014, and if passed there, will become law. Coalition and ALP MPs have been granted a conscience vote by their parties. The Greens oppose the bill. This bill is opposed by the NSW branch of the Australian Medical Association, and by the NSW Bar Association. The campaign against this bill is at Our Bodies, Our Choices.

I’d love to publish transcripts of the Greens community forum on this bill (held prior to it passing in the Assembly), but am unlikely to have time to transcribe an hours worth of video for at least another week. If you’d like to help out, here’s the Amara links for subtitling: Julie Hamblin’s speech (about half subtitled to date), Philippa Ramsay’s speech (not subtitled) and Leslie Cannold’s speech (not subtitled).

South Australia: Criminal Law Consolidation (Offences against Unborn Child) Amendment Bill 2013 not passed

A bill with fetal personhood provisions in the case of grievous bodily harm to the pregnant person was recently before South Australian parliament, but was rejected. Information is being made available by Tammy Franks, Greens MLC, see Stop the Misguided Foetal Personhood Laws and the transcript of the reading in Parliament. Unlike in NSW, it appears that the ALP did not allow a conscience vote. The debate opens with Kyam Maher, government whip:

The Hon. K.J. MAHER (00:11): I will be extraordinarily brief. The government does not support this bill.

Victoria: early proposals to remove Section 8

At present, the Abortion Law Reform Act 2008 requires (in part):

SECT 8

(1) If a woman requests a registered health practitioner to advise on a proposed abortion, or to perform, direct, authorise or supervise an abortion for that woman, and the practitioner has a conscientious objection to abortion, the practitioner must—
(a) inform the woman that the practitioner has a conscientious objection to abortion; and
(b) refer the woman to another registered health practitioner in the same regulated health profession who the practitioner knows does not have a conscientious objection to abortion.

A Victorian doctor, Mark Hobart, is facing deregistration over defying these provisions, and a group of Victorian doctors and nurses called Doctors Conscience opposes Section 8 and advocates for its repeal. The Age reports that Labor MP Christine Campbell intends to table the Doctors Conscience petition in Victorian parliament. (A second Victoria doctor, Dr K. — not Mark Hobart — is discussed in the article, who not only defies Section 8 but has been quoted as expressing the opinion that women who seek abortions deserve death. This is detailed in Daniel Mathews’ blog post which provides quotations allegedly from Dr. K. Doctors Conscience has issued a press release stating that they do not advocate for or support harm to pregnant women for any reason.) The Age also reports that the Victorian branch of the Australian Medical Association supports the repeal of Section 8.

Today The Australian reported that premier Denis Napthine had advised independent MP Geoff Shaw on what would be involved in overturning (or perhaps substantially revising) the Abortion Law Reform Act in Victoria. The ABC reports that Napthine describes himself as having issued pro forma advice on legislative process.

Bills to repeal Section 8 or make wider changes to the Abortion Law Reform Act 2008 are yet to be proposed.

Tasmania removes abortion from the criminal code

On November 22, Tasmania removed references to abortion from the criminal code. In addition, like in Victoria, legislation now requires that doctors (and counselors) who conscientiously oppose abortion refer pregnant people to others who they believe do not have such an objection. A PDF of the Reproductive Health (Access to Abortion) Bill 2013 is available.

Bonus USA

NPR recently reported on the findings of Paltrow & Flavin, Arrests of and forced interventions on pregnant women in the United States (1973-2005) who report:

  • Arrests and incarceration of women because they ended a pregnancy or expressed an intention to end a pregnancy;
  • Arrests and incarceration of women who carried their pregnancies to term and gave birth to healthy babies;
  • Arrests and detentions of women who suffered unintentional pregnancy losses, both early and late in their pregnancies;
  • Arrests and detentions of women who could not guarantee a healthy birth outcome;
  • Forced medical interventions such as blood transfusions, vaginal exams, and cesarean surgery on pregnant women;

… Analysis of the legal claims used to justify the arrests of pregnant women found that such actions relied on the same arguments underlying so called “personhood” measures – that state actors should be empowered to treat fertilized eggs, embryos, and fetuses as completely and legally separate from the pregnant woman. Specifically, police, prosecutors, and judges in the U.S. have relied directly and indirectly on… [f]eticide statutes that create separate rights for the unborn and which were passed under the guise of protecting pregnant women and the eggs, embryos, and fetuses they carry and sustain from third-party violence… [my emphasis]

I think this point bears repeating: provisions that were introduced allegedly for the protection of pregnant people and fetuses from third parties have been subsequently used to police the behaviour of pregnant people, including but not limited to those seeking abortion, and including forcing medical procedures on them, and confining them. Fetal personhood provisions are designed to control the bodies of pregnant people.

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Fetal personhood (“Zoe’s Law”) before NSW Parliament

This article originally appeared on Hoyden About Town.

The NSW Legislative Assembly (lower house) will shortly be voting on Crimes Amendment (Zoe’s Law) Bill (No. 2) 2013, a private members bill introduced by Liberal MP Chris Spence in the lower house and (if passed) to be introduced by Christian Democratic Party leader and MP Fred Nile in the upper house. This Bill proposes to insert Section 8A into the Crimes Act 1900 No 40, where Section 8A would read in part:

8A Offences in relation to the destruction of or harm to the foetus of a pregnant woman

(1) In this section… unborn child means the foetus of a pregnant woman that:
(a) is of at least 20 weeks’ gestation, or
(b) if it cannot be reliably established whether the period of gestation is more or less than 20 weeks, has a body mass of at least 400 grams.

(2) For the purposes of an applicable offence:
(a) an unborn child is taken to be a living person despite any rule of law to the contrary, and
(b) grievous bodily harm to an unborn child is taken to include the destruction of the unborn child.

(3) For the purposes of an applicable offence, the destruction of the foetus of a pregnant woman (not being an unborn child) is taken to be grievous bodily harm to the woman, whether or not the woman suffers any other harm.

(4) This section does not apply to or in relation to:
(a) anything done in the course of a medical procedure, or
(b) anything done by, or with the consent of, the pregnant woman concerned.

A woman standing in front of the US Capitol building holds up a sign displaying a stylised uterus and reading 'Is this mine yet?'
“Is this mine yet?”. Photo by Ann Harkness.

The stated intent of the bill is to allow separate prosecution of injury to a fetus, following the death of Zoe Donegan (stillborn at 32 weeks gestation) in 2009 after Zoe’s mother Brodie was hit by a van driven by Justine Hampson. Hampson was convicted of grevious bodily harm with regards to Brodie, but not with injuring Zoe or causing Zoe’s death.

However, the bill has been introduced by an anti-abortion politician, and there are grave concerns about its potential interpretation, particularly “an unborn child is taken to be a living person”. Concerns about fetal personhood in general include:

  • potentially allowing the prosecution of abortion (or, in NSW, where abortion is already criminalised, extending the circumstances in which it can be prosecuted)
  • potentially allowing the prosecution of pregnant people who do not act in the best interest of the fetus (which could include activities with a risk of physical injury, self-harm attempts, drug use, dietary choices, failure to follow medical advice)
  • potentially exposing pregnant people who have a late pregnancy loss to the additional trauma of a legalistic investigation as well as any medical one
  • potentially compromising the pregnant person’s medical care when it is at odds with the best interests of the fetus (say, in cases where early delivery might be beneficial for the pregnant person)
  • potentially coercing the pregnant person into medical intervention against their wishes, if judged in the interests of the fetus (eg coerced hospital births or coerced Caesareans)

The fourth clause appears to try and answer these objections, but given the source of the bill and the outcome of fetal personhood laws elsewhere, we should be very worried. In addition, the media reports concerns and objections from many groups including the Australian Medical Association NSW; the NSW Bar Association; the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (previous three mentioned in SMH: Another minister to battle foetus bill); Family Planning NSW; Women’s Health NSW; Domestic Violence NSW; Rape & Domestic Violence Services Australia; the National Foundation for Australian Women; Reproductive Choice Australia; and Children by Choice (previous seven mentioned in Guardian: Abortion rights under threat from ‘Zoe’s law’, say Australian women’s groups). Coalition MPs opposed include Health Minister Jillian Skinner; Environment Minister Robyn Parker; and Nationals whip John Williams (SMH).

Commentary includes:

Legislative arguments that incorporate words like ‘personhood’, ‘viability’ and ‘fetal rights’ are code for anti-choice sentiments that are always used as an attempt to limit the fundamental right for those born biologically female to control their reproductive choices, if not reverse them entirely.

Clementine Ford: The bill that could criminalise abortion in Australia

Spence has repeatedly argued that the exceptions provided in the Bill, concerning anything done in the course of a medical procedure or with the consent of the woman, guarantee that his amendment would not infringe upon a woman’s right to terminate a pregnancy. However, the exceptions do not meaningfully buffer against the overarching conceptual change represented by the Bill.

Moreover, it is outrageous that a woman’s legal right to terminate her pregnancy could be threatened by the law telling her that she is at risk of criminal liability until she can prove that she falls into a narrow exception. Zoe’s Law further pushes lawful termination of pregnancies to the fringes of legal debate, where it shamefully already lies as an exception to sections 82-84 of the NSW Crimes Act[…]

The Bar Association also argues that there are “legitimate concerns” about the broader implications of the bill. Once we adopt a definition of a foetus as a living person for the purpose of this bill, “it would be difficult to resist its adoption in respect of other New South Wales criminal laws”

Mehreen Faruqi: Why Zoe’s Law Must be Defeated

Coalition and ALP MPs have been granted a conscience vote on Zoe’s Law, so if you are a NSW voter, today is a great day to contact your MP expressing your concerns and encouraging them to vote against the bill. One way to do this is through the Our Bodies Our Choices email form.

Note: when I was discussing this post with other Hoyden authors, they wanted to discuss fetal personhood in Western Australia, and extended recognition of stillbirths in South Australia. Since the vote on the bill is pending, I wanted to get this post up, but feel free to discuss fetal personhood and potential threats to pregnant people’s bodily autonomy in any Australian state in comments.

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Federal Election minus 3 days: state surveillance and anti-terror policies

This article originally appeared on Hoyden About Town.

Continuing on my theme of finally becoming the voter who actually reviews policies, today we go a bit more niche: state surveillance, anti-terror provisions and similar, specifically whether anti-terror is used as an excuse to infringe on civil liberties and political organising. I’m going into this expecting it to be fairly short — it’s a bigger issue in the United States and the UK than here (or perhaps I know more activists there than here), where “border protection” serves some of the same rhetorical and political roles — although there are minor parties more interested in these issues.

As with other posts in this series, if there’s a lack of commentary in the post, make up for it in the comments. For media coverage, spin and personality issues — or general news! — head to the latest Media Circus thread instead.)

ALP, Coalition, Greens

The Liberal’s Real Solutions has no mention of ‘surveillance’ or ‘privacy’. Their terrorism statement is that they will increase measures, focussing on security of ports: We will deliver improved counter-terrorism and domestic security measures in Australia and secure our ports and airports. .They mention increased CCTV rollouts in their crime section (pg 42), none of which suggests that privacy and surveillance issues are a big issue for them. They also seem inclined to use the threat of terrorist immigration as an anti-refugee tactic, see eg this June press release.

In June 2013, Malcolm Turnbull issued a statement expressing some concern about the NSA’s PRISM program, particularly its implications for commercial interests, presumably Australian businesses hosting data on US servers. (I note incidentally that Real Solutions is hosted on Amazon Web Services. It’s just a curio since Real Solutions is public information, but I wonder if political parties host their donor databases and such on Australian servers?) If you search for the text of that statement on technical news sites, incidentally, the advertisements may encourage you to apply for a job with ASIO.

It’s difficult to find ALP information. They assert a right to privacy (National Platform, items 41 and 42, pages 186–187), largely centered around privacy of data held by the government, especially health information and credit information. They assert that [Labor will] ensure that personal information of Australians transferred overseas is protected which I find difficult to interpret (if nothing else, the phrasing is rather ambiguous between personal information being sent overseas and Australians themselves being sent!). Elsewhere in the National Platform, they write:

Labor refuses to manipulate fear or racism for political gain in response to terror. Australia needs tough laws to deal with terrorism but, just as importantly, we need well-balanced laws that target the terrorists, not innocent citizens. We need strong safeguards to protect the civil and human rights that are fundamental to our freedoms. Labor is committed to finalising the review of the Anti-Terrorism Legislation.

item 132, page 209

I don’t see that translated into policy for the present campaign anywhere.

The Greens have a specific surveillance policy generally affirming a right to privacy. They seek to bring telecommunications surveillance back under the control of normal judicial warrants, and subject to Freedom of Information requests; they want intelligence sharing with the “5 Eyes” countries (the other four are the US, UK, Canada and New Zealand) overhauled; and they oppose proposals for data retention concerning Australian’s Internet use.

See also Electronic Frontiers Australia Election 2013 scorecard.

Smaller parties

From a slightly haphazard collection on Monday, I focus today on minor parties that I know to have some interest in civil liberties and/or digital rights.

Pirate Party

Privacy is listed as one of the four major civil liberties they value. They oppose both the proposed 2 year retention of Australian’s Internet use data, and denounse PRISM and PRISM-like programs.

Wikileaks Party

As one would expect, this is a prominent issue in their campaign platform:

… the WikiLeaks Party will be fearless in its opposition to the creeping surveillance state, driven by globalised data collection and spying agencies, both state and corporate controlled. We will demand that all information on data seizure and storage of citizens’ data by government agencies and allied corporations be made public.

In addition, there’s a specific Surveillance and your privacy policy requiring that agencies seek a warrant to spy on your Internet usage; a twice-yearly tabling of aggregate figures related to such surveillance; and ASIO and anyone else cooperating with overseas agencies to report such cooperation publicly.

Front page image credit: Election Day CC BY-SA David Morgan-Mar, from the 2007 Federal election.

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Federal Election minus 5 days: party policies on anti-discrimination

This article originally appeared on Hoyden About Town.

In theory I am committed to the idea that if I want election coverage to talk about policy more in the lead-up to elections, it can’t hurt to be someone who is aware of and considers policy in the lead-up to elections. Even if some elections make it VERY VERY HARD FOR ME NOT MENTIONING ANY NAMES FEDERAL ELECTION 2013.

Thus, before the 2010 Federal election, I got one policy into a plan to review various party policies before getting sick from some childcare-acquired illness. I cannot promise to do better this time, but I can try. There’s five days before the Federal election; what do various parties have to say about anti-discrimination?

I haven’t included a lot of commentary on the policy positions I summarise here, but that’s what the comments are intended for! (Note that if you’re interested more in media coverage, spin and personality issues — or general news! — you probably want to comment at the latest Media Circus thread instead.)

ALP, Coalition, Greens

For this analysis, I am largely relying on National Foundation for Australian Women (NAFW), Anti-discrimination and women’s human rights: policies of the major parties, July 2013. If I don’t cite policy specifically, I am using that analysis.

The NAFW summary notes the ALP’s consultations on consolidating federal anti-discrimination acts, and the drafting of Human Rights and Anti-Discrimination Bill (2012), which has not however been implemented and is under review. Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 passed in June, providing additional protections on the grounds of sexual orientation, gender identity and intersex status. The ALP in their own materials also notes their recent commissionin gof an inquiry into workplace discrimination against pregnant people or parents returning to work. (Labor is for Fairness) The Greens supported the passed bill and support the draft bill, and have advocated for the addition of domestic violence (presumably, victims of) as a category of illegal discrimination. They would also like the default religious exemptions replaced by case-by-case assessments, and for “family responsibilities” language to be expanded to caring responsibilities. The Coalition oppose the draft bill outright, to the point of not seeking amendments to it.

On marriage equality, the ALP’s National Platform presently reads Labor will amend the Marriage Act to ensure equal access to marriage under statute for all adult couples irrespective of sex who have a mutual commitment to a shared life. (National Platform, item 126, page 168) and they have a specific “It’s Time for Marriage Equality” campaign. I cannot find a mention of marriage equality in the Liberal’s Real Solutions. The Greens go short-n-simple on their policy: The Greens want to legalise same-sex marriage in Australia and recognise same-sex marriages from overseas. (Marriage Equality)

The Liberal policy states that We will support freedom of speech, particularly in relation to anti-discrimination legislation. Prohibitions on inciting racial hatred or intimidation of particular groups should be focused on offences of incitement and causing fear but not a prohibition on causing offence. (Real Solutions, pg 44)

On disability, NAFW observes in their disability paper in most policy areas, across the three parties, disability is seldom specifically mentioned. Women with disabilities are not mentioned at all. They observe that while the ALP is committed to the Convention on the Rights of Persons with Disabilities, they have not established the required targeted measures for women with disabilities specifically. Commitment to DisabilityCare (which the Coalition would call NDIS again) funding appears to have major party support until 2019. The ALP’s national platform is focussed on people with disabilities who can work, although it briefly acknowledges the existance of those who can’t, albeit only as a source of budget “pressure” (Labor has undertaken significant reform of the Disability Support Pension (DSP) to reward effort and initiative for those who can work, and to ease the pressure on the system which supports those who can’t, National Platform, item 52, page 98).

Discrimination on the grounds of disability, as with grounds other than gender (ALP) or any grounds at all (Liberal), does not seem to be a focus of either ALP or Liberal policy except insofar as the Liberals distance themselves from racial vilification prohibitions. The Greens mention discrimination on the grounds of disability prominently in their policy.

Central policy sites:

Smaller parties

This is limited to a small selection on the NSW ballot paper that I found interesting. Feel free to list and discuss other minor party policies in comments!

Pirate Party

Policy overview can be found at the platform wiki page authored by their National Council.

Many uses of “discrimination” in their platform refer to the net neutrality issue, which concerns whether Internet providers can provide unequal access to different sources of information. When it comes to discrimination against protected groups, the party opposes legislative against racial vilification in favour of free speech rights:

While laws which criminalise “offensive” or “insulting” speech may be well-intentioned, mechanisms such as section 18C of the Racial Discrimination Act impose dangerous subjectivity into our legal system. The perpetual risk in criminalising offensiveness is that almost any form of difference or disagreement can be viewed as offensive to someone, and nations such as the UK and Canada have experienced significant abuse of such laws. Even where protections technically exist, the mere threat of legal sanction may be sufficient to chill dialogue and speech, and recent events demonstrate that restrictions on one type of speech spread all too easily to include wider categories.

They support marriage equality in the sense of making it a private (not state-controlled) act. Their platform calls for the abolition of the Marriage Act in favour of a Civil Unions Act open to all consenting adult couples. (See also their detailed marriage policy.)

Australian Sex Party

Policy overview can be found at Australian Sex Party – Federal Equality Policy.

They support large extensions to the existing anti-discrimination framework, including making discrimination based on occupation illegal, focussing on the effect of discrimination against sex workers; making political parties (and presumably their selection of candidates) subject to anti-discrimination law on the principle that this will improve gender equality in Parliament; ensuring equal access to assisted reproduction to LGBTIQ people; supplying appropriate documentation to sex and gender diverse people with names and pronouns; improving accessibility of sexual resources (such as adult shops) to disabled people; facilitating sexual services for disabled people; and providing specific sexual education for disabled people. In a separate policy they support sex worker access to work visas.

Secular Party

Policy overview can be found at Human rights and anti-discrimination.

Their policies are focussed around areas where they feel law is influenced by faith considerations and support the end of religious exemption clauses in anti-discrimination legislation. They support marriage equality. They support the enacting of a Bill of Rights and they ask that Australia legislate for the rights in UN International Convention on the Rights of the Child. They support bans on “identity hiding-garments or other items, including burqas and motorcycle helmets, in public places where there are legitimate security and/or safety concerns, or where personal identification is required” [my emphasis]

Front page image credit: Election Day CC BY-SA David Morgan-Mar, from the 2007 Federal election.

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Sunday Spam: toast and vegemite

This week, I feel the need to emphasise that linking does not imply uncritical endorsement!

Philip Roth and Wikipedia

There’s only one problem with this: Roth’s open letter is at best the (justifiably) aggrieved and confused ramblings of a man ignorantly discussing what he does not understand or remember, and at worst a deliberately malicious act inspired by nothing more than a misguided desire to flip us the Vs and maybe get paid by the New Yorker on the way.

In Response to Amanda Palmer

Is it noble to volunteer for a cash-rich for-profit enterprise? And what about when taking the gig means that you’re taking food from the mouths of people whose day job it is to play these kinds of high-pressure, high-profile concerts and ensure that the audience won’t be let down?

Is it noble to devalue the role of musicians by suggesting that their years of training and their tens of thousands of hours of practice is worth little more than a beer and a high-five?

Headspace withdraws support for RU OK? Day

In a statement released this afternoon, the organisation said it was uncomfortable about the support RU OK? Day was receiving from Gloria Jean’s because of the coffee chain’s $30,000 donation to the Australian Christian Lobby (ACL).

Girls gone Wilder

Rose Wilder Lane’s life story is arguably way more interesting than that of her mother, Laura Ingalls Wilder.

Owen Jones: William Hague is wrong… we must own up to our brutal colonial past

As India became increasingly crucial to British prosperity, millions of Indians died completely unnecessary deaths. Over a decade ago, Mike Davis wrote a seminal book entitled Late Victorian Holocausts: the title is far from hyperbole. As a result of laissez-faire economic policies ruthlessly enforced by Britain, between 12 and 29 million Indians died of starvation needlessly. Millions of tons of wheat were exported to Britain even as famine raged. When relief camps were set up, the inhabitants were barely fed and nearly all died.

Philosophy gender war erupts after call for larger role for women

It began with a private email last month from one established male philosopher to four others: Proceed with a Berlin-based conference that features 14 male speakers and no women, the writer said, and I will essentially launch a campaign to take you down professionally.

How Google Builds Its Maps—and What It Means for the Future of Everything

Or as my friend and sci-fi novelist Robin Sloan put it to me, “I maintain that this is Google’s core asset. In 50 years, Google will be the self-driving car company (powered by this deep map of the world) and, oh, P.S. they still have a search engine somewhere.”

Legal myths about the Assange extradition

Whenever the Julian Assange extradition comes up in the news, many of his supporters make various confident assertions about legal aspects of the case.

Some Assange supporters will maintain these contentions regardless of the law and the evidence – they are like “zombie facts” which stagger on even when shot down; but for anyone genuinely interested in getting at the truth, this quick post sets out five common misconceptions and some links to the relevant commentary and material.

The Joke’s on You

[Jon] Stewart and [Stephen] Colbert, in particular, have assumed the role of secular saints whose nightly shtick restores sanity to a world gone mad.

But their sanctification is not evidence of a world gone mad so much as an audience gone to lard morally, ignorant of the comic impulse’s more radical virtues. Over the past decade, political humor has proliferated not as a daring form of social commentary, but a reliable profit source. Our high-tech jesters serve as smirking adjuncts to the dysfunctional institutions of modern media and politics, from which all their routines derive. Their net effect is almost entirely therapeutic: they congratulate viewers for their fine habits of thought and feeling while remaining careful never to question the corrupt precepts of the status quo too vigorously.

Pawns in the War on Drugs

Informants are the foot soldiers in the government’s war on drugs. By some estimates, up to eighty per cent of all drug cases in America involve them, often in active roles like Hoffman’s. For police departments facing budget woes, untrained C.I.s provide an inexpensive way to outsource the work of undercover officers. “The system makes it cheap and easy to use informants, as opposed to other, less risky but more cumbersome approaches,” says Alexandra Natapoff, a professor at Loyola Law School in Los Angeles and a leading expert on informants. “There are fewer procedures in place and fewer institutional checks on their use.” Often, deploying informants involves no paperwork and no institutional oversight, let alone lawyers, judges, or public scrutiny; their use is necessarily shrouded in secrecy.

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Sunday Spam: bagels, lox and smoked salmon

In belated honour of my breakfast in New York, Sunday July 8.

Baby Loss and the Pain Olympics
Warning for baby loss discussion.

I really have to question why seeing someone else processing their emotions is her pet peeve.

Do I believe a miscarriage and neonatal death is the same thing — of course not. If they were the same thing, they would share the same term. But just because I see them as apples and oranges doesn’t mean that I don’t also see them as fruit. They are both loss.

The deadly scandal in the building trade

Readers would not guess from the “national conversation” that the construction industry is sitting on a story as grave in its implications as the phone-hacking affair – graver I will argue. You are unlikely to have heard mention of it for a simple and disreputable reason: the victims are working-class men rather than celebrities… The construction companies could not be clearer that men who try to enforce minimum safety standards are their enemies. The files included formal letters notifying a company that a worker was the official safety rep on a site as evidence against him.

On Technical Entitlement

By most measures, I should have technical entitlement in spades… [and yet] I am very intimidated by the technically entitled.

You know the type. The one who was soldering when she was 6. The one who raises his hand to answer every question–and occasionally try to correct the professor. The one who scoffs at anyone who had a score below the median on that data structures exam (“idiots!”). The one who introduces himself by sharing his StackOverflow score.

Puzzling outcomes in A/B testing

A fun upcoming KDD 2012 paper out of Microsoft, “Trustworthy Online Controlled Experiments: Five Puzzling Outcomes Explained” (PDF), has a lot of great insights into A/B testing and real issues you hit with A/B testing. It’s a light and easy read, definitely worthwhile.

Selected excerpts:

We present … puzzling outcomes of controlled experiments that we analyzed deeply to understand and explain … [requiring] months to properly analyze and get to the often surprising root cause … It [was] not uncommon to see experiments that impact annual revenue by millions of dollars … Reversing a single incorrect decision based on the results of an experiment can fund a whole team of analysts.

When Bing had a bug in an experiment, which resulted in very poor results being shown to users, two key organizational metrics improved significantly: distinct queries per user went up over 10%, and revenue per user went up over 30%! …. Degrading algorithmic results shown on a search engine result page gives users an obviously worse search experience but causes users to click more on ads, whose relative relevance increases, which increases short-term revenue … [This shows] it’s critical to understand that long-term goals do not always align with short-term metrics.

Angels & Demons

One of the various Longform collections, and like many of them, a crime piece:

On June 4, 1989, the bodies of Jo, Michelle and Christe were found floating in Tampa Bay. This is the story of the murders, their aftermath, and the handful of people who kept faith amid the unthinkable.

On Leaving Academia

As almost everybody knows at this point, I have resigned my position at the University of New Mexico. Effective this July, I am working for Google, in their Cambridge (MA) offices.

Countless people, from my friends to my (former) dean have asked “Why? Why give up an excellent [some say ‘cushy’] tenured faculty position for the grind of corporate life?”

Honestly, the reasons are myriad and complex, and some of them are purely personal. But I wanted to lay out some of them that speak to larger trends at UNM, in New Mexico, in academia, and in the US in general. I haven’t made this move lightly, and I think it’s an important cautionary note to make: the factors that have made academia less appealing to me recently will also impact other professors.

Ethics, Culture, & Policy: Commercial surrogacy in India: A $2 billion industry

Since its legalization in 2002, commercial surrogacy in India has grown into a multimillion-dollar industry, drawing couples from around the world. IVF procedures in the unregulated Indian clinics generally cost a fraction of what they would in Europe or the U.S., with surrogacy as little as one-tenth the price. Mainstream press reports in English-language publications occasionally devote a line or two to the ethical implications of using poor women as surrogates, but with few exceptions, these women’s voices have not been heard.

Sociologist Amrita Pande of the University of Cape Town set out to speak directly with the “workers” to see how they are affected by such “work.”

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Sunday Spam: crepes and maple syrup

As just fed to my son, in fact.

The execution of Troy Davis and the death penalty

I donated to the Innocence Project and the (US) National Coalition to Abolish the Death Penalty, for what it’s worth.

Fukushima Disaster: It’s Not Over Yet

The impact of both radiation and fear of radiation on Japanese society, although it feels a little shallow. I’d love to read this argument from the perspective of a Japanese person.

Debunking the Cul-de-Sac

Struggles to come up with anything nice to say about cul-de-sacs, frankly, unless you are in the business of selling either cars or fuel for them. Oh, they’re quieter. Other than that, cul-de-sacs suck.

Queen of the Kitchen

A Christmas-time fairy story by Karen Healey. So you know it’s got a tough-minded teen girl, New Zealand, and magic. Several of my favourite things.

Chemotherapy doesn’t work? Not so fast…

Science Based Medicine reviews the real position of chemotherapy. It works as the primary treatment for a fairly small number of cancers, it doesn’t work much at all for some cancers, and much of the time it is part of several treatments (radiotherapy, surgery).

On Feminism and Virtue

Sady Doyle reflects on the extent to which being a feminist makes you a better person: potentially not much.

The Great American Bubble Machine

Goldman Sachs: always there to turn a functioning market into a speculative bubble, and thence to profit. Highlights include 100 million people entering hunger in 2007 due to speculation on food and oil futures. This was via Tim O’Reilly, who went down to the Occupy Wall Street protests because even rich small-government types do (or ought to) have a beef against Wall Street.

Disability Culture meets Euthanasia Culture: Lessons from my cat

On the normalisation of euthanasia in animals, to the point where vets can’t advise on what death of natural causes is like, and its relationship to euthanisa in humans. I was thinking about this issue over the last few years, most recently after a vet euthenised my parents’ elderly pet horse after what my father, who works in the meat industry and has seen hundreds if not thousands of animals die—and some seriously negligent treatment of animals for that matter—described as the worst suffering he’d ever seen. So, I don’t have a lot to say about Tony’s death, but it did make me think about how animals die.

Certificates and “authorities”

The certificates that identify websites for secure web browsing, that is. Basically, it’s a mess. There are about 400 organisations that are trusted by browsers to sign the identities of secure websites, they get hacked quite a bit, and some of them are careless at best about security.

Movin’ Meat: Instinct vs Expertise

An ER doctor puzzles over why a neurosurgeon isn’t taking a certain fracture seriously. Unlike a lot of stuff I link here, this is less about systemic concerns and more just an interesting story.

The iPad, the Kindle, and the future of books

From early last year, more in my attempt to understand publisher perspectives on ebooks. I’m in an interesting place on this, reading both in the open source/copyright reform world which tends to accept and embrace the tendency of the sale value of intellectual property to fall to zero or nearly so once distribution is cheap (see for example Copyfight on ebook prices rising), and librarians, publishers and authors who aren’t so hot on that happening to books.

Anyway, now I know what the agency model is.

Do We Need A New Nirvana? Does Modern Music Suck?

Joel Connolly (my brother-in-law, and a band manager) thinks audiences need to wise up to existing awesome music, basically. It’s a longer version of what he said to Bernard Zuel early in the month.

Above reproach: why do we never question fidelity?

I like this style of inquiry. Basically, the question is that everyone agrees that infidelity (not having multiple partners, but having multiple partners without being honest about it) is unethical. But should we? Is this sometimes part of oppression?

Every so often, asking these questions of human relationships is important. (Note that the writer, also, doesn’t have an answer.)

Increasing Barriers to College Attendance Through ‘Optional’ Extracurriculars

Something I’ve wondered about for ages, as Australian universities, which largely admit students based on pure academic performance, are constantly criticised for not moving to the US model, which takes into account the whole person, yadda yadda. As long as the whole person has time in their life for charity work, sports teams, student politics etc. To me, US college applications often sound like high schoolers applying for a Rhodes scholarship straight out of school. Not that raw exam scores don’t incorporate endless privilege, but extracurriculars do not in any way ameliorate that.