Independent Scrutiny & Oversight Board的动态

It’s waaaaay past my bedtime. But…major anti-discrimination reforms just passed into law in Qld. These amendments fall short of an entire repeal and replace of the Act, but deliver nearly half of the recs we made in Building Belonging. It’s been a long and exhausting road, and we didn’t get everything we wished for this time around but I’m still so proud. Highlights: - updated legal tests for direct and indirect discrimination - Recognition of combined grounds discrimination - Updated discrimination attributes - Shared burden of proof - An enforceable positive duty to eliminate all conduct prohibited by the Act - QHRC will have the power to investigate and report on all forms of systemic discrimination, sexual harassment and vilification - Stronger response to vilification including a new harm-based test. To come in stage 2: - Streamlining QHRC’s dispute resolution function - Modernise the exceptions and affirmative measures.

Legal Action Against Discrimination: Is It Practical? The campaign suggests that making care experience a protected characteristic would allow for legal action against discrimination. How practical is this in reality? Explore the practicalities and challenges in our latest blog. ?? https://lnkd.in/e2XM6sm7 #LegalAction #CareExperience #ProtectedCharacteristics

?? KMOP is inviting practitioners from Law Enforcement Agencies (LEAs), judicial bodies, and Civil Society Organizations (CSOs) to participate in our new online survey aimed at improving data practices in cases of discrimination. This survey will focus on: ??Understanding current methodologies in data collection, analysis, and exchange ??Identifying key challenges and unmet needs in managing and sharing discrimination-related data ??Examining the role of tools, including AI- and OSINT-based systems, in preventing bias and enhancing data processing Your input will help shape more effective, unbiased data practices and contribute to a more inclusive and fair approach to addressing discrimination. Find out the Greek version in the comments section below. ?? #KMOP #DataEquality #Discrimination #LawEnforcementAgencies #CivilSociety #AIDiscrimination

Conference - Understanding of Domestic Abuse in the Criminal Justice System. To register, use this link: https://lnkd.in/er8rwiQS Date: Thursday 6th June 2024 0930-1630 Venue: The Open University, Walton Hall, Kents Hill, MK7 6AA Domestic Abuse (DA) continues to be a problematic issue to deal with appropriately within the criminal justice system with an often occurring disjoint between what CJS professionals deem a success and what victim survivors deem a good service and outcome. This one day conference seeks to tackle this disjoint and some of the uncomfortable truths from varying perspectives: politics, policing, the wider current VAWG agenda, what domestic homicide reviews can inform us of domestic abuse in the CJS and the third sector. The day will consist of immersive theatre to springboard discussions on the pertinent points of DA within the CJS, followed by a panel discussion session with speakers so far confirmed?Jess Phillips (MP), Andy Cooke, Chief Inspector HMICFRS, Sam Millar, Strategic Programme Director VAWG Task force, Frank Mullane CEO (MBE) AAFDA (Advocacy Against Fatal Domestic Abuse),?Harriet Johnson (Barrister?specialising in human rights and criminal law within VAWG)?and other speakers to be confirmed. The day will then include key note speakers and the afternoon will consist of breakout sessions so far proposed: Younger police force in dealing with DA The disjoint between cps and police Sexual violence in DA- what can Operation Soteria tell us? Domestic homicide and suicide- reflections from DHR reviews- frank Mullane Police Perpetrated Domestic Abuse This event is ￡30 to attend or free for all CPRL?member forces?and OU academics. If you cannot attend in person then you can register to watch the live stream, however please note that this will not be interactive. #sheisipa #VAWG #openuniversity #policing #police #victims #victimsofdomesticviolence #domesticviolence #criminaljusticesystem #domesticabuse

The importance of reforming the Protection from Harassment Act 1997, as Claire Waxman OBE points out, cannot be overstated. The current conflation of stalking and harassment within the legislation leads to significant issues that impact both the public and law enforcement. When victims seek help, the confusion between stalking and harassment can hinder their ability to articulate their experiences clearly and accurately. This ambiguity often results in misreporting or underreporting, leaving victims without the necessary support and protection. Police and other authorities are tasked with interpreting and enforcing the law. When the distinctions between stalking and harassment are unclear, it complicates their efforts to respond appropriately. This - I believe - compounds the already inconsistent enforcement and policing approach, with some cases not being treated with the severity they warrant. Clear and distinct legal codification will help educate the public on what constitutes stalking. This awareness is crucial for potential victims, aiding in the prevention and early intervention of such behaviors. Courts need a clear framework to ensure consistency in legal proceedings and sentencing. Seizing this opportunity now, to reform this legislation, is crucial. With increasing awareness and evolving understanding of the impacts of stalking, it's imperative to modernise the law to provide clear, effective, and just protection for victims. Reform should not only enhance legal clarity and enforcement but also foster a safer and more supportive environment for those affected by these behaviors.

#Case_Name: Sundari Gautam v. State of NCT of Delhi?? 1. The Delhi High Court recently held that the offence of ‘penetrative sexual assault’ and ‘aggravated penetrative sexual assault’ under the POCSO Act can be applied to both men and women. 2. Justice Anup Jairam Bhambhani, in an order passed on #August 9, stated that the pronoun ‘he’ appearing in #Section_3 of the #POCSO_Act cannot be given a restrictive meaning to only refer to a male. 3. The Court emphasized that considering the objectives of the POCSO Act, the pronoun #he’ should be interpreted broadly to include any offender, #regardless_of_gender. 4. The Court also noted that the Act covers not just the insertion of a body part but also the insertion of any object, making it illogical to restrict the offence to penetration by a penis alone. 5. The Court observed that there is a difference between #Section_375 of the #IPC (rape) and #Sections_3_and_5 of the #POCSO Act, as Section 375 specifically refers to a ‘man’, while Section 3 of the POCSO Act uses the word #person’. 6. This order was issued in the case of "Sundari Gautam v. State of NCT of Delhi", where a woman was charged under #Section_6 (aggravated penetrative sexual assault) of the POCSO Act. The woman argued that #Section_3 of the POCSO Act only applies to men. 7. The Court #rejected this argument and upheld the charge against the woman.

?? Do you want to know what data-driven discrimination is? ?? Do you know why data are so relevant for preventing and addressing discrimination? ?? Follow us to discover more about the DATA EQUALITY project! ???? The project focuses on discrimination and data-driven discrimination and how to prevent new emerging forms of discrimination by collecting and exchanging unbiased data through multi-agency cooperation. It aims to develop a shared European methodology for CSOs, LEAs, and judiciary agencies that will allow them to cooperate more effectively in the collection, management analysis and exchange of information regarding data discrimination phenomenon, at the local, national and European levels. ???? The project will be implemented in Greece, Italy, Spain and Albania, but for research purposes, other European countries will be taken into account. ?? The Consortium is composed of the Venice Appeal Court (Italy), Agenfor International Foundation (Italy), Murcia Local Police (Spain), FUNDEA- Fundación Euroárabe de Altos Estudios (Spain), KMOP (Greece), Center for Security Studies (KEMEA) (Greece), Hellenic Police (Greece), Emilia-Romagna Department Local Police and Civil Protection – ANCI (Italy), Albanian High Council of Prosecutors – ACP (Albania). ? ?? To understand and assess the current methodologies used for collecting, managing, analysing, and exchanging data related to discrimination, the Consortium kindly invite practitioners from CSOs/LEAs/Judicial Bodies to participate in this 10-minute anonymous Online Survey. ? Please use this link to access the survey in English: ?? https://lnkd.in/d47Tgn5t Other languages of the survey: Spanish: ?? https://lnkd.in/dbrWe9FX Greek: ?? https://lnkd.in/dx-icR4C ? Italian: ?? https://lnkd.in/dfRiJxZP ? Albanian: ?? https://lnkd.in/df8qDa59 ??? #dataequality #survey #datadrivendiscrimination #discrimination #data #ai #euprojects #eucommission

After a lengthy progress, commencing Monday, 1 July 2024, abusive behaviour towards current or former intimate partners, including coercive control,?became a criminal offence in NSW. Click on the article below by Jessica Koot to learn more about the changes to abusive behaviour and coercive control laws in NSW. ??? https://lnkd.in/gjDAK5zu #coercivecontrol #dv #familylaw

Protecting Rights, Preventing Misuse Laws are meant to uphold justice, but flaws in their enforcement can lead to misuse. Cases of false accusations under laws for women’s safety, like those addressing dowry harassment or rape, highlight the need for reforms. Such misuse can cause severe harm, including extortion, mental trauma, and even suicide. A balanced and accountable system is essential to prevent abuse and uphold justice for all. #EqualityInJustice #FairLawsForAll #StopLawMisuse #BalancedLegalSystem

WHY THE VAPP ACT IS SO IMPORTANT Recently, the French rape case of Gisele Pelicot has garnered a lot of widespread attention. It involves the plaintiff being drugged by her husband of 50 years, who himself raped her when she was unconscious and invited over 50 other men to do the same while he recorded the acts. The case is already being tried in court, and as horrific as it is, it opens the door for several legal questions, such as the issue of marital rape as well as the element of consent in the definition of rape. These issues have been the subject of debate in several other countries and jurisdictions. Nigeria is one of those countries. Neither Nigeria’s penal code nor the criminal code (the primary statutes on crime) recognize marital rape, consent, or even male rape. Naturally, one can imagine how problematic this situation is and how disturbing it must be for the victims involved. Fortunately, these issues were to some extent tackled by introducing the Violence Against Persons Prohibition Act (VAPP Act). The Violence Against Persons Prohibition Act 2015 states the element of consent in its definition of rape and gives room for the possibility of male rape. Essentially, it broadens the scope for prosecuting offenders, which may be considered substantial progress. The Act also includes the criminalization of female genital mutilation and the protection of vulnerable persons from different forms of violence ranging from physical abuse to sexual harassment. However, a bill to repeal the VAPP Act is in its second reading in the Nigerian Senate. Claims that the Act is not efficiently drafted and that it does not attend to issues like adequate compensation for victims or reflect current-day realities have been the justifications given for the repeal of the Act. The plan is not to scrape the bill altogether but to repeal and then reintroduce it. Some have argued that a repeal of the Act is unnecessary because a mere amendment of the Act would suffice. Several Nigerians are in vehement opposition to the repeal, and for good reason. Several vulnerable persons would be left unprotected during the space of preparation and reintroduction of the Act, except for states where the Act is already domesticated. So in case you have heard discussions and arguments about the VAPP Act recently, this is why. If you are interested in reading a more comprehensive article about the criminalization of rape, let me know in the comments.