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The aim of this study was to determine factors associated with participation of community-dwelling older Australians (≥65 years) in the Exercise Right for Active Ageing program, consisting of 12 low- to moderate-intensity group exercise classes, delivered weekly, in person or online, by accredited exercise scientists and physiologists across Australia. Out of 6,949 participants recruited, 6,626 (95%) attended one or more classes and were included in the primary analysis, and 49% of participants attended all 12 classes. Factors associated with higher class attendance included participation in yoga/flexibility/mobility classes, attendance at a free trial class (adjusted incidence rate ratio [95% confidence interval]: 1.05 [1.03, 1.08]), and attending online classes (1.19 [1.11, 1.26]). Factors associated with lower class attendance included state of residence, living in inner regional areas (0.95 [0.93, 0.98]), and having two or more comorbidities (0.97 [0.95, 0.99]). High class attendance suggests that the Exercise Right for Active Ageing program was well received by older Australians, particularly in states less impacted by COVID-19 lockdowns. [ABSTRACT FROM AUTHOR]

The relationship between race, disability and criminality is complex and poorly understood. Scant information, and lack of action, exists on how to best keep Indigenous people with disability out of the justice system, and support this cohort while in the system. This systematic scoping review collates grey and peer-reviewed literature in Australia, Aotearoa (New Zealand), the United States and Canada, to gain insight into the current practices in place for justice-involved Indigenous people with disability, and list promising principles which may inform future practice. We identified 1,301 sources, and 19 of these met the inclusion criteria. Across these sources, nine key principles emerged: need for Indigenous designed, led and owned approaches; appropriately identify and respond to disability/needs; appropriate court models; appropriate diversionary options; therapeutic, trauma-informed, strengths-based and agency-building responses; facilitate connection to family, community and support networks; break down communication barriers; protect human rights; and provide post-release support. Points of interest: Internationally, Indigenous people with disability are over-repre.sented in criminal justice systems. The reasons for this are complex and not well understood. Existing evidence suggests that long-lasting effects of colonisation; discrimination on the basis of race and disability; problems identifying and reporting disability; and lack of proper services contribute to this issue. Often, criminal justice systems do not recognise or support a person's disability until they reach crisis point. There is a critical need for culturally-appropriate and disability-appropriate interventions, such as diagnostic tools; training programs for police, correctional officers and other service providers; community court models; and more accessible communication. There is some evidence that Indigenous-led programs – involving country, culture, art, social connection and holistic healing – help prevent Indigenous people with disability from entering and re-entering justice systems. More research and evaluation is needed to determine how to better support Indigenous people with disability in contact with the justice system. [ABSTRACT FROM AUTHOR]

Objective: This study explores socioecological factors facilitating the sexual and reproductive health and rights (SRHR) experiences of migrant and refugee youth (MRY) in Greater Western Sydney, Australia. MRY may be at higher risk for poorer SRH outcomes due to cultural, linguistic, and systemic barriers. Methods: Using participatory action research, 17 focus groups were conducted with 87 MRY aged 15–29 from diverse cultural backgrounds. Data were analysed thematically, using socioecological framework. Results: Key facilitators of MRY's SRHR were identified at the microsystem and exosystem levels, including (1) Peer dynamics and support, with friends serving as trusted confidants and sources of advice; (2) Safety and contraceptive choices, highlighting the importance of access to contraception and STI prevention; and (3) Digital platforms for SRHR information access, with online resources filling knowledge gaps. Conclusion: Findings suggest the need for SRHR interventions to leverage peer support networks, expand access to contraceptive options, and develop culturally appropriate digital resources for MRY. Further research is needed to identify and enhance facilitators across all socioecological levels to comprehensively support MRY's SRHR needs. Plain language summary: Migrants and refugee youth often struggle to access sexual and reproductive health information and services in their new countries. This study is an attempt to understand what helps young migrants and refugee maintain their sexual and reproductive health and rights in Greater Western Sydney, Australia. Our aim was to identify the positive factors in their environment that make it easier for them to access and use sexual health resources. We talked to 87 migrants and refugee youth aged 15–29 from various cultural backgrounds, conducting 17 group discussions about their experiences with sexual health. Our main results show three important factors that help these young people. The results were, that (1) Many young people trust their friends for advice and information about sexual health, (2) Having choices about contraception and ways to prevent sexually transmitted infections was important, and (3) The internet, especially social media and search engines, is a major source of sexual health information for young people. Understanding these helpful factors can guide better support for young migrants and refugees. It shows sexual health programs need to use peer support in sexual health programs, make sure young people can easily access contraception and protection and create trustworthy online resources about sexual health that are culturally appropriate. Our findings show more research is needed to find other ways to support young migrants and refugees with their sexual and reproductive health. This will help create better health services and education programs for these young people. [ABSTRACT FROM AUTHOR]

Physical activity (PA) is important for fitness and psychological health, and a way for young people to make friends and socialise. Young people with vision impairment (VI) are, however, are less likely to engage in PA. A range of personal, social, and environmental barriers prevent equitable participation for young people with VI. There is a dearth of research focused on the experiences of young people with VI and their participation in PA in Australia. Using the Physical Activity Barriers Questionnaire for children with Visual Impairments (PABQ-VI), this study identified barriers to PA from the perspectives of school-aged Australians with VI. Results demonstrated that despite holding positive views about PA and being motivated to be physically active, participants experienced many of the same barriers and lack of opportunities reported by children with VI around the world. These experiences place limits on the development of motor skills and impact self-confidence. Despite the swathe of legislation designed to protect the rights of people with disability, the findings suggest that there is much work to be done to create inclusive opportunities for youth with VI (particularly girls) to access PA and sport in Australian schools and communities. [ABSTRACT FROM AUTHOR]

Background: Productivity-based wage systems are intended to enhance the labour market participation of people with disabilities. Limited scholarship exists regarding the impact of such policies in practice. This qualitative study explored stakeholder perspectives on the Australian Supported Wage System (SWS), including perceptions of fairness and equity. Methods: Document review provided context and background for the study. 14 semi-structured interviews were subsequently conducted with a range of stakeholders with knowledge of the SWS. Results: Four primary themes were identified, related to assessment processes, value contributions of the system, practice risks and challenges, and ethical tensions. Conclusions: The SWS appears to enhance worker choice and inclusion. A variety of factors may reduce the quality of these outcomes, however, and employment systems should support a range of evidence-informed approaches to ensure equitable employment outcomes. [ABSTRACT FROM AUTHOR]

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This article is a case study of the laws and regulations at both the Commonwealth and State level that were relied upon to uphold Australia's COVID-19 response, and the behavioural mechanisms used by governments in Australia to implement these regulatory policies. The question will be posed now that borders have been re-opened and normality restored in a "we will have to live with COVID-19" environment, whether the draconian restrictions on democratic freedoms and human rights could reoccur unless Australia changes the manner in which these laws and regulations are imposed by governments and interpreted by the courts, especially given the High Court's decision in Palmer v Western Australia. This question is particularly important given the announcement on 21 September 2023 that the Commonwealth Government was setting up a COVID-19 Response Inquiry to identify lessons learned to improve Australia's preparedness for future pandemics. [ABSTRACT FROM AUTHOR]

Targeted sanctions, such as asset freezes and travel bans, are an increasingly popular response to a wide array of wrongdoing. This article considers an especially problematic aspect of contemporary sanctions law and practice that has received little attention so far, namely the imposition of sanctions on the family members of the primary target. In charting out a coherent and principled approach to such sanctions, the article makes three distinct contributions. First, it offers a comprehensive survey of law, policy and practice related to family‐member sanctions across the US, UK, EU and Australia. Secondly, it identifies the limits that international human rights law places on such sanctions, which effectively preclude automatic family‐member sanctions. Thirdly and finally, it proposes a 'profit‐based' sanctions model as an alternative to 'activity‐based' and 'status‐based' sanctions, as well as outlining its implications for the design of family‐member sanctions. [ABSTRACT FROM AUTHOR]

This paper undertakes a select survey of international literature to identify the points of convergence that support common understanding – and debate – amongst youth workers, researchers and policy makers in regards to definitional commonalities in professional youth work. We find that non-formal education, framed by human rights, appears to offer definitional common ground for youth work practice globally. Drawing on the Australian context to ground the discussion, the paper considers how revision of key definitional documents to reflect the pedagogic basis of youth work could inform the tertiary level training and preparation of youth work students and the state-based codes of ethics that inform and regulate professional youth work practice. This is important for professional youth work in Australia as the only nationally agreed statement on youth work currently lacks a pedagogical definition. While precisely categorizing the practices and programs used by youth workers remains a challenge, there is much common ground found amongst the non-formal and informal education conceptualisations of youth work internationally. While there are differences in the way professional youth work is delivered across countries and jurisdictions, there appears to be an agreed underpinning pedagogical framework, often referred to as social pedagogy, which is commonly applied, and informs the practices and programs delivered to the diverse and complex young people who benefit from them. [ABSTRACT FROM AUTHOR]

This article explores how recent curricular reform in Australia has been responsive to a culture of redress. It argues that taken together, the 2008 National Apology to the Stolen Generations and the 2010 national curriculum reform marked a turning point, whereby settler colonial injustices have since been systematically included in the curriculum. This is explored through a case study analysis of the two iterations of the Victorian Curriculum: History post-Apology— 2012 and 2016—the latter of which remains in current use. Using discourse analysis methods, this article argues that the inclusion of colonial injustice in the post-Apology era signals a consensus that has emerged around the significance of representing injustice in history curriculum, and by extension, for shaping future citizens. Through close textual analysis of the curriculum documents, this article finds that representations of historical injustice have been organized by four frames: memorialization, equivalence, personalization, and human rights. It argues that these frames curtail opportunities for the development of an understanding of the structural character and effects of settler colonialism, and limit consideration of the longer history of Indigenous sovereignty and self-determination. These failures raise questions about how impending reforms might respond to the contemporary political context where treaty negotiations and formal truth-telling with First Nations' polities are unfolding. [ABSTRACT FROM AUTHOR]

Euthanasia in the form of Voluntary Assisted Dying (VAD) is legal in all Australian States, but current eligibility criteria preclude access to people with dementia. This article discusses Australian VAD eligibility criteria that are problematic for people with dementia: (1) time until death within 12 months, (2) decision-making capacity for VAD, and (3) determination of intolerable suffering. Legislation in the Netherlands allows VAD for people with dementia. The challenges and philosophical issues raised by such cases are explored. It is proposed that the unique nature of dementia in its various forms warrants the formulation of dementia-specific VAD eligibility criteria. A case could be brought to challenge the denial of access to VAD of people with dementia on the basis that their exclusion is discriminatory and an abuse of human rights. If such a challenge was successful, it could form a common law precedent to allow people with dementia access to VAD. [ABSTRACT FROM AUTHOR]

The realisation of the right to health is vulnerable to the interventions of strangers, acting on the belief that certain health care should not be permissible under the law or accessible in practice. In Australia, the key arena for such interventions has been abortion services. Drawing on empirical research undertaken by the authors, this article examines the impact of these interventions and the effectiveness of "safe access zone" laws that now operate nationwide to constrain them. After examining the unsuccessful constitutional challenge to these laws in the High Court of Australia, it considers whether safe access zones may have utility in other health care contexts. [ABSTRACT FROM AUTHOR]

People are sent to prison as punishment and not to experience additional punishment. Nevertheless, this principle is habitually violated in Australia: prisoners frequently receive health care that is inferior to health care that is available in the general community. Numerous official inquiries have identified deficiencies in prisoner health services, notwithstanding the apparent intention of legislative provisions and non-statutory guidelines and policies in various jurisdictions to ensure prisoners receive appropriate health care. This article proposes law reforms to address this human rights crisis. It recommends the passage of uniform legislation in all Australian jurisdictions that stipulates minimum prison health care service standards, as well as mechanisms for ensuring they are implemented. The article also suggests that, in the short-term, until prison health care is significantly improved, substandard health care for prisoners should be treated as a potentially mitigating sentencing factor that can reduce the length of a defendant's prison term. [ABSTRACT FROM AUTHOR]

The Royal Commission into Aged Care Quality and Safety emphasised the critical need for a human rights‐based approach to protect the rights of older people in the Australian aged care context, including 'the right to social participation'. This topic is important because of the widespread social isolation and loneliness in Australian residential aged care. This article demonstrates how a human rights‐based framework can provide guidance to governments in approaching issues involving the protection of older people's need for social connection in aged care. In doing so, the article considers examples of how the Australian government can ensure choice of living arrangement, individualised support and access to community services and facilities in the residential aged care context to better protect the right to social participation. [ABSTRACT FROM AUTHOR]

Posthumous conception, the ability to conceive a child after the death of one partner, is increasingly prevalent due to advances in Artificial Reproduction Technology (ART). This paper considers the complexities surrounding the practice in Australia, focusing primarily on the ethical and legal dimensions. It observes that state-based regulations in Australia create disparities in accessibility: some states prohibit the procedure without the deceased's written consent, while others permit it based on guidelines or lack explicit prohibitions. Addressing the juxtaposition of Will Theory and Interest Theory, it emphasises the ongoing debate on whether rights, particularly reproductive autonomy, outlive a person's demise. Finally, the paper highlights an evident inconsistency in Australian legislation and promotes a uniform approach across states. [ABSTRACT FROM AUTHOR]

Introduction: This manuscript delves into the intricate connection between climate change and Indigenous mental health in Australia, with a focus on the aftermath of the defeat of the 'Voice' referendum. Climate change, recognized for its broad impact on mental health determinants, poses heightened risks to vulnerable communities, including Indigenous populations. The defeat of 'The Voice' referendum adds complexity, highlighting concerns about the lack of meaningful rights for the First Peoples of Australia. The bushfires further underscore ecological consequences, affecting Indigenous ecosystems and intensifying existing environmental challenges. Climate change exacerbates existing health challenges for Indigenous peoples, introducing new issues like ecological sorrow and anxiety. Methodology: The manuscript advocates for prioritized research in Indigenous communities to explore the link between climate change and mental health. It emphasizes interdisciplinary and collaborative research, giving voice to those directly affected by climate change. The lack of trust between Indigenous populations and authorities, along with the implications on self-determination, is crucial research focus. Results: Renewable energy emerges as a potential solution deeply ingrained in Indigenous practices. The manuscript discusses challenges in achieving eco-friendly resettlement, emphasizing collaboration difficulties between the government and remote communities. The indigenous worldview, with its interconnectedness, is crucial for sustainable strategies. Discussion and Future Directions: Indigenous perspectives on planetary health are crucial, emphasizing the importance of Indigenous knowledge in shaping effective climate policies. The manuscript stresses dialogues between policymakers and Indigenous elders for formulating respectful land laws. It calls for global attention to the role of Indigenous peoples as biodiversity caretakers and urges recognition of their knowledge in climate change. Future directions include data collection for ecosystem protection, improving mental health outcomes post-climate events, and supporting impacted communities. Mental health care approaches in remote communities and practitioner training for climate-related issues are emphasized. The manuscript calls for increased funding for interdisciplinary research to understand the long-term impact of climate change on mental health, especially among vulnerable populations. [ABSTRACT FROM AUTHOR]

People with innate variations of sex characteristics (also known as intersex traits or disorders or differences of sex development) have any of a wide range of innate physical traits that differ from medical and social norms for female and male bodies. Responses to these physical differences create experiences and risks of stigmatisation, discrimination, violence, and harmful medical practices intended to promote social and familial integration and conformity with gender stereotypes. As is evident globally, the Australian policy response to the existence and needs of people with innate variations of sex characteristics has been largely incoherent, variously framing the population as having disordered sex development in need of "fixing", and a third sex/gender identity group in need of recognition, with only recent engagement by intersex community-controlled civil society organisations. This paper presents an overview of the context and goals of the intersex human rights movement in Australia. Australian intersex community organisations have sought to apply human rights norms and develop new infrastructure to address key health and human rights issues, and necessitating new ways of resolving policy incoherence. Together with human rights, mental health, and public health institutions, they have called for significant changes to medical models of care and reform to research and classification systems. Intersex community organising and resourcing have made a tangible difference. The Australian Capital Territory is the first jurisdiction in the country to move ahead with reforms to clinical practice, including a legislative prohibition of certain practices without personal informed consent, oversight of clinical decision-making, and investment in psychosocial support. A national community-controlled psychosocial support service has also commenced. [ABSTRACT FROM AUTHOR]

Aim: To gain an understanding of children's experiences of expressing their views and having them heard in Australian healthcare settings. Design: Child‐centred qualitative research. A deductive qualitative content analysis was undertaken. Methods: Data were collected from 20 Australian children and young people between the ages of 7 and 18 years old using the 'draw, write and tell' method. Results: Children's experiences of 'space' and 'voice', and therefore the opportunity to express their views in health care were, in the main, positive. At the same time, their experiences of 'audience' and 'influence', the situations in which those views are given due weight, were overwhelmingly described as negative. Conclusion: Australian paediatric health services appear to have responded to calls to provide children with the opportunity to express their views and thus are delivering on the elements of 'space' and 'voice', whereas the realisation of 'audience' and 'influence' has some way to go. Due weight is not always given to children's views. Implications for the Profession and/or Patient Care: The Lundy model can be used to facilitate a better understanding of the concept of voice, and the responsibility of health organisations in implementing the rights of children and young people, as articulated in Article 12. Impact: Children and young people have a right to express their views and have them heard in health care, but their experiences in Australian health care are unknown.While children's experiences of expressing their views in health care were mostly positive, their views are not always taken seriously or given due weight.This research impacts child health professionals in Australia and internationally. Reporting Method: The study is reported using the Standards for Reporting Qualitative Research (SRQR). Patient or Public Contribution: Members of the Youth Advisory Council of two tertiary children's hospitals were consulted and invited to become members of the research team. [ABSTRACT FROM AUTHOR]

The private car, as a dominant form of everyday mobilities across Australia and around the globe, continues to create a significant level of social and spatial injustice. Children are disproportionally affected by such injustices, not just through the loss of their basic rights to roam their local environments freely and safely due to traffic safety concerns and being greatly susceptible to illnesses generated by car-inducing pollution and noise, but also through being at the greatest risk of being hit by drivers. Road crashes continue to be the leading cause of death for children globally and our current – and decades long – ways of dealing with road violence are inadequate and counter-productive as they distract from what actually needs to be done. Utilising Boyden's framing of cultural maladaptation, this paper conceptualises current maladaptive transport discourses and discusses how they continue to harm the health and well-being of children. The paper highlights the need for the recognition of these maladaptive discourses, including our worldviews, languages and principles in order to replace them with new narratives which enable the transition to a future where children's mobility needs and rights are honoured. [ABSTRACT FROM AUTHOR]

An editorial examines the advancements in Australian human rights law, particularly the High Court's ruling on indefinite detention. It explores significant legal developments, accountability mechanisms, and the role of scholarly journals in advancing human rights discourse. It highlights both domestic and international implications for human rights practices.

The Australian Human Rights Commission has claimed that recognising religious corporations as litigants in religious discrimination claims departs from international human rights law, which only protects the rights of natural legal persons. In this article we respond to that claim by arguing that under international law, Australia should protect the ability of religious groups to be litigants, including corporations. The International Covenant on Civil and Political Rights requires Australia to respect and ensure individuals have the right to manifest their beliefs in community with others, and that such communities are protected against discrimination on religious grounds. This requirement entails granting religious groups the ability to pursue legal measures to preserve the enjoyment of these rights by their members. [ABSTRACT FROM AUTHOR]

This article examines the human rights protections relevant to lesbian, gay, bisexual and/or transgender ('LGBT') people in Australian prisons. We commence by addressing some of the inequalities experienced by incarcerated LGBT people, before outlining the relevant international human rights frameworks and their implementation in Australia. We focus on Victoria as a case study, demonstrating that there are limited provisions for LGBT people in prisons, and these provisions are generally not legally enforceable. We conclude by recommending legislative reforms that would increase protections for a particularly vulnerable cohort in the prison environment and promote compliance with Australia's obligations under international human rights law. [ABSTRACT FROM AUTHOR]