Has the Drug-Based Approach to ‘Mental Illness’ Failed? I expected it to concentrate on the obviously overboard rights violations of the Australian system (at least Victoria’s) and perhaps delve into the criminal motivations that might lie behind it. It is well established that where oppression has occurred in a company which holds all its assets on trust, there is no diminution in value of the plaintiff’s share in the company despite the oppressions. The sheer hypocrisy in invoking the rhetoric and vitrol of pro-life vs pro-choice, anti-abortion misses the act of being socially aborted, especially when we begin the forced treatments that take us out of life. It is impossible to frame a recommendation to cover every case. But what about the situation where I am wheeling myself down the street and a doctor notices my ‘disability’ and takes me to a cliff face and wheels me off? As published in the New England Journal of Medicine, Applebaum concedes that there are “no formal practice guidelines from professional societies for the assessment of a patient’s capacity to consent to treatment.” The Australian discourse around non-consensual treatment remains resoundingly statist and casually dismissive of international human rights obligations, despite being a signatory and claiming ratification under the UN CRPD. As Perlin eloquently summates: At this point, legally, there can be little question that the ball game is over. I AM a PwD, but I had not entered a relationship with this doctor other than to be unfortunate enough to pass him/her in the street, and therefore the matter is a criminal one where there has been an assault on my person. Notably, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) has officially adopted the social model of disability and enshrined rights for persons with disabilities on par with all other persons in the community. Around 40,000 Irish convicts were transported to Australia between 1791 and 1867, including at least 325 who had participated in either the Irish Rebellion of 1798, the rebellion of 1803 or the Young Ireland skirmishes in 1848. You do the maths - that’s over 3 million women. Police, paramedics and medical personnel are given extensive powers to detain, assess and treat persons with psychosocial conditions or appearing to have psychosocial conditions, in a manner that violates common law presumptions of innocence and negates limits on detention that are well-established within the criminal system of justice. (SJD Thesis, Monash University, forthcoming) 159. View the discussion thread. Importantly, ‘oppression may arise not just because society actively seeks to disadvantage some groups of people but rather because of the effects of societal norms, laws and unchallenged assumptions’ ( Northway 1997 p 738). (LexisNexis Butterworths, 15th ed, 2013) 737 [10.490]. Now he has written a book about his struggle – and his suffering people Title: Social Justice 101: Power, Oppression, and Privilege Author: Stovall, Lee Created … Web. com). In my own case a Very Careful Neuroleptic Taper wasn’t enough, I still need to gain an understanding of how my “Neuroleptic Withdrawal High Anxiety” “Worked” and “What I could do about it”. The social model of disability provides a basis for understanding disabling barriers as the main challenge to disabled peoples, while acknowledging that impairment does indeed take part in affecting quality of life. 1253. While medical model thinking depersonalises individuals and focus on a medical solution to “disability,” the social model of disability, which arose out of the disability rights advocacy movement, acknowledges a person’s impairments as a limitation to their ability, while characterizing “disability” as the result of the interaction between persons with impairments and environments that produce physical, attitudinal, communication and social barriers. 127 Ari Bergman, Unitholder Rights Compared to Shareholder Rights in the Context of Oppression (SJD Thesis, Monash University, forthcoming) 159–60. Not the Attorney General, he hands you back to the torturers and suggests your a nutjob. Psychiatry is oppressive? In general, minority oppression refers to conduct which falls within Section 232 of the Corporations Act and includes conduct which is contrary to the interests of the shareholders as a whole or oppressive to, unfairly prejudicial to, or unfairly discriminatory against a … It is also worth noting that mental and legal capacity are notions often muddled in many professionals’ minds.”. Over the past three decades, disabled people and their allies have been advocating for greater rights in the backdrop of historical oppression and marginalization, as a response to the over-medicalized and individualist accounts of disability. Lane retired from active employment in the business and the remaining employees then paid themselves excessive salaries. Being rich in history, Australia is a large example of oppression in our world. 3. The only way to true well-being is to just walk-away from the whole medical/psychiatry fraud. (care to see the “edited” documents and the ‘legal protection’ being afforded by our Chief Psychiatrist? The CRPD reconceptualises disability using the social model of disability and further builds on this model with the human rights-based model of disability, which situates persons with disabilities as autonomous individuals with rights and freedoms and not as welfare cases or problems that need to be “fixed” by medical authorities. With the signing and ratification of the CRPD and inclusion of disabled peoples in decision-making processes at the international level, there may be cause for celebration as the rights-based approach replaces the medical model, especially on issues pertaining to the right to security of the individual, autonomy and self-determination. Around the world, coloniserssought to destroy Indigenous populations through oppressive government control, political violence and false representations of First Nations peoples as being promiscuous, lazy, untrustworthy savages. Why are they being oppressed? Why Australia Supports Israel’s Oppression of Palestinian People Australia has a record of loyal support for Israeli state racism and human rights abuses that puts even the US to shame. The oppression of LGBTI people is also rooted in the family, the normalisation of which serves to stigmatise sexual practices and gender expression that fall outside of the officially sanctioned heterosexual “norm”. Is the opposition to or non-compliance to medical treatment a crime? is discussed at some length in Chapter 4 below, at pages 47–49. A 2018 report stated that Indigenous Australians … Green Left is a vital social-change project and aims to make all content available online, without paywalls. It leaves a lot to be desired, writes delegate Hannah McGlade. Migrants began streaming out of Eastern Europe to places like Australia and the United States to get away from the oppression in their homelands by the Soviet Union. Our human rights scorecard will be reviewed by the UN this week. Inhumane treatments such as insulin therapy, electro-convulsive therapy (which is still used today) and psychosurgery (such as lobotomies) are emblematic of a medical profession that neither cared for patients nor respected their personhood or rights as neurodiverse individuals. Sorry, they’re way too busy to worry about citizens (especially disabled ones) being killed in hospitals for convenience. Freeman was the second Australian Aboriginal Olympian, and she carried both the Aboriginal and Australian flags during her victory lap. in which the Scottish Court of Session broadly equated oppression with lack of fair dealing. OPPRESSION IN AUSTRALIAN SOCIAL SECURITY LAW K ... Australia, the existence of the rule has been justified according to basic princi-ples of equality between married and unmarried women. Indeed, in Australia today, 40 years after the achievement of formal equality, women can expect to earn over their lifetime about half of what their male counterparts will. My view is that one cannot do so.90, where Justice Chesterman considered an application by a majority shareholder for a winding-up order, or alternatively an order compelling the minority shareholder to purchase the majority shareholder’s shares.92. Braydon Heape, ‘Oppression Proceedings and Trust Remedies: What are the limits?’ (2013) 31. In the process, Australian capitalism erected a full-blown system of racial oppression, not only towards Aborigines, but against all non-white people. 2015. And I also note that with mental health services the drugs actually cause the disability. The professional is viewed as a service provider to the client and their family, and the client decides what services are or are not appropriate. 40 R P Austin and I M Ramsay, Ford’s Principles of Corporations Law (LexisNexis Butterworths, 15th ed, 2013) 737 [10.490]. Contact me). Imagine, I can show you how to disable someone before they even get the chance to be assessed by a psychiatrist (see the use of a ‘chemical restraint’ by an Authorised Mental Health Practitioner in a police station to ‘coerce’), and then once in their ‘care’ well….. the sky really is the limit. I wonder how many others have been murdered in this manner. Israeli Prime Minister Benjamin … (Cth). (SJD Thesis, Monash University, forthcoming) 155–160. 94 Re Polyresins Pty Ltd  1 Qd R 599, 614. (LexisNexis Butterworths, 15th ed, 2013) 711 [10.435]. It focuses not on their label/s but their personhood regardless of the label/s that are experienced as integrated into, containing or constraining that personhood. The company in question is Prestoo Pty Ltd. 9 Justice Young in Kizquari treats the values of shares and the value of units as entirely separate matters. The Cold War between the United States and the Soviet Union meant that nuclear war was a real threat and some people saw Australia as a safe place to live. Would the architect and planners be shaping the space as a design challenge? 48 R P Austin and I M Ramsay, Ford’s Principles of Corporations Law (LexisNexis Butterworths, 15th ed, 2013) 714 [10.440].  ... (2009) 238 CLR 304 the High Court of Australia found that it would be inappropriate to make an order for the buy-out of shares when the company is already in provisional liquidation and, therefore, no other order aside from the winding up of the company would be appropriate. In order to change that record, we need to challenge the political forces that have made Australia Israel’s most faithful ally. Detention in hospital facilities via a treatment or assessment order can feature elements of chemical, emotional or physical restraint and even seclusion, which parallels the approach used by penal institutions to impose solitary confinement as a security measure against physically violent inmates. Google Scholar provides a simple way to broadly search for scholarly literature. 119 Wain v Drapac  VSC 156 (26 April 2012) . David Atherton . These events were a fundamental element of the Australian frontier wars, and frontier massacres were a significant component of Aboriginal casualties across the continent. The active denial of legal capacity, and arbitrary restrictions on liberty, security and integrity of disabled peoples are in direct and explicit contravention to international law and convention, and have pervasively undermined the basic dignity, rights and equality to those whose interests it claims to serve. General comments and guidance from the committee specifically refer to the incompatibility of substitute-decision making regimes, involuntary commitment or detention in mental health facilities and compulsory treatment in the community. The imposition of judge-made limitations on their scope is to be approached with caution. Passive oppression fuels the achievement gap for our poorest and historically marginalized students, and contributes to a culture of power and privilege for … (Cth) section 260 became section 246AA of the Corporations Law on 1 July 1998. 12 Do you agree with Justice Davies’ interpretation of section 53? But where do you turn when you have been tortured by police and mental health services? 69 Sanford v Sanford Courier Service (1986) 10 ACLC 548; Wayde v New South Wales Rugby League (1985) 180 CLR 459. Does this mean that any member of the community can then engage in what ARE criminal acts against me, and police will deny me my rights as a citizen (Article 12 of the United Nations Convention on the Rights of Persons with Disabilities requires states parties to ensure that persons with disabilities “enjoy legal capacity on an equal basis with others in all aspects of life”. Violence against women continues to be endemic and widespread in Australia. These posts are designed to serve as a public forum for a discussion—broadly speaking—of psychiatry and its treatments. Oppression. Under current circumstances, the “social model” is probably more desirable. The current trend is towards the criminalization of all unwanted activity. Sign-up to receive our weekly newsletter and other periodic updates. The critical feature of shareholder oppression is that the unfairness must go beyond mere disadvantage. 74 R P Austin and I M Ramsay, Ford’s Principles of Corporations Law (LexisNexis Butterworths, 15th ed, 2013) 711–12 [10.435]. Ibid 720 [10.450]; Richard Brockett, ‘The Valuation of Minority Shareholdings in an Oppression Context – A Contemporary Review’ (2012) 24.2. In 1972 the Australian Arbitration Commission finally made a ruling that confirmed equal work for equal pay, which required that women performing the same level of work be paid at the same level as men. With no corporate sponsors or advertising, we rely on support and donations from readers like you. Sections 461(1)(g) and (h) also give the court this power on the ground of oppressive, unfairly prejudicial or unfairly discriminatory conduct, which effectively overlaps with Part 2F.1. The preponderance of authority is to the effect that, where oppression has occurred in a company which is a bare trustee so that all its assets are held in trust, relief under sections 232 and 233 of the Corporations Act is inappropriate. Or at least as I have explained on numerous occasions the documents can be “edited” to take the matters outside the criminal realm and made into ‘civil matters’ post hoc? Robust business and consumer confidence and high export prices for raw materials … He could defend his actions by claiming that just because I can’t walk, maybe if they throw me at the ground and I miss, I can fly. We do not think that the Court can be expected in every case to find and impose a solution; but our proposal will give the Court a jurisdiction which it at present lacks, and thereby at least empower it to impose a solution in those cases where one exists.16, As a result of amendments to the Corporations Law made by the Company Law Review Act 1998 (Cth) section 260 became section 246AA of the Corporations Law on 1 July 1998.20, By virtue of the Corporate Law Economic Reform Program Act 1999 (Cth), this formed the basis of the current sections 232 and 233 in Part 2F.1 of the Corporations Act 2001 (Cth).21. Despite all the glaring evidence that point to an ongoing genocide against Australia’s Aborigines, former Australian PM John Howard still believes that there has been no genocide against Aborigines. 1 Corporations Act 2001 (Cth) s 232. When I pointed out that I actually had a legal right to not be treated in this manner, they doubled down and began a process of ‘fuking destroying’ me using the fraud and slander of mental health services, DESPITE being fully aware that what they were doing was criminal. The historical threshold for medicating disabled peoples against their will, at times with untested, untried and inhumane procedures, to an extent far beyond that of those for biophysical conditions, no longer passes for ethical medicine. Indigenous women have been pushing back against oppression and power since colonisation. (SJD Thesis, Monash University, forthcoming) 156; See, eg. In order to change that record, we need to challenge the political forces that have made Australia Israel’s most faithful ally. Howard’s denial … 129 Arhanghelschi v Ussher  VSC 253 (16 May 2013)  (citations omitted); also see Ari Bergman, Unitholder Rights Compared to Shareholder Rights in the Context of Oppression (SJD Thesis, Monash University, forthcoming) 160.
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