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In recent decades, legislation has had an extraordinary impact on personal property rights in the context of marital and relationship breakdown. Initially under the Judicial Separation and Family Law Reform Act 1989, and subsequently under the Family Law Act 1995 and the Family Law (Divorce) Act 1996, courts are empowered to make a wide range of ancillary property orders on judicial separation and divorce. These include orders for the sale or transfer of property, periodical payment orders, lump sum orders, pension adjustment orders and financial compensation orders. peer-reviewed

This thesis examines Work Integration Social Enterprises (WISE) from the perspective of the right to inclusive employment, as set out in the United Nations Convention on the Rights of Persons with Disabilities (CRPD). I argue that there is a need for increased engagement with social enterprises in international human rights law. An analysis of the literature on WISE shows that CRPD considerations have in many cases not found their ways to social enterprise research and practice. I found that this leads at times to an exclusion of some persons with disabilities or resulting in approaches that do not further participation in employment and society. This is based on a lack of awareness by social enterprises as well as their near invisibility in a human rights context. Given the current lack of explicit engagement, I suggest framing WISE under the legal concept of positive measures. To test the theoretical findings relating to a lack of permeability and inclusivity, a comparative study of the legislative and regulatory framework in Austria, Ireland and Italy was carried out, countries that have adopted very different approaches towards WISE. Qualitative interviews in all three countries supplement the legal case studies, to learn from lived realities whether WISE furthered empowerment and inclusivity. The approaches taken, permeability and human rights compliance varied greatly between WISE visited in each country, despite the considerable differences in legislation. Building on these findings, I identify the next steps to support WISE in promoting inclusive employment. They focus on developing indicators relating to permeability and labour law compliance while arguing for financial and business supports that do not restrict the economic operations of the enterprise. My thesis takes an important step towards not only promoting greater human rights compliance by WISE but also towards recognizing social enterprises more generally in human rights law. 2025-09-14

This thesis uses a substantive equality framework to analyse disability law and policy on the right to work of persons with disabilities in Indonesia, employing qualitative methods. Substantive equality is essential for the vindication of human rights as it requires positive measures to remove structural barriers. The Convention on the Rights of Persons with Disabilities (CRPD) adopts a human rights model of disability that acknowledges disability as an identity and as part of diversity. The CRPD draws on the substantive equality model to enable persons with disabilities to participate equally in society. As developed by this thesis, and in line with the CRPD, positive measures encompass all necessary measures to achieve substantive equality for persons with disabilities, including ‘specific measures’ and ‘reasonable accommodation’ by both state and non-state actors. The right to work is a fundamental right under the CRPD. It is immensely important for persons with disabilities for dignity as well as economic and social reasons. Following its ratification of the CRPD in 2011, Indonesia adopted The Disability Act 2016 (Act Number 8 of 2016 concerning Persons with Disabilities), which amplifies the human rights model in the disability context, including the right to work. The thesis argues that despite the new focus on the human rights model of disability, there is a lack of awareness in Indonesia which contributes to structural barriers. These include both internal and external barriers. Internal barriers emphasize the personal attitudes and behaviour of persons with disabilities and their families. External barriers are environmental factors which prevent persons with disabilities from fully participating in employment. The research finds that central and local government institutions in Indonesia lack coordination and cohesiveness, leading to gaps and variations in implementation. The research suggests ways in which these problems can be addressed.