Wednesday, 25 May 2022

Hmm ... TGD (and other) protection in Australia - including in workplaces

On TGD rights in the workplace (in Australia), I have just come across this: 

https://humanrights.gov.au/sites/default/files/Information%20sheet%20on%20new%20protections%20in%20the%20Sex%20Discrimination%20Act%20-%20FINAL.pdf

which also includes: 

From 1 August 2013 it will be unlawful under federal law to discriminate against a person on
the grounds of their: 

  • sexual orientation
  • gender identity 
  • intersex status 

Same-sex couples are now also protected from discrimination under the new definition of ‘marital or relationship status’ (this was previously ‘marital status’). 

The Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 (Cth) (SDA Amendment Act) inserts the new grounds into the Sex Discrimination Act 1984 (Cth) (SDA).

and 

The SDA provides protection from discrimination for people who identify as men, women and neither male nor female. It does not matter what sex the person was assigned at birth, or whether the person has undergone any medical intervention. 

Direct discrimination could occur if a shop-assistant refused to serve a person who identifies and presents as a woman but has a deep masculine sounding voice because she felt uncomfortable about that person’s gender identity.  

Indirect - it may be indirect discrimination if an organisation’s human resources policies do not permit changes to an employee’s records. Such a policy may require a transgender woman to continually disclose information about her gender identity in order to explain discrepancies in personal details.


PS - there has subsequently been additional, specific workplace protections implemented: see here and here.


Sunday, 22 May 2022

The problem of "majoritarianism" (1 - 2 min. read)

One of the topics of current debates around the election result is that quite a few conservatives (I've only heard males making this statement, but some conservative women may also hold to it) is a view that "government can only be done when one has a majority". 

What complete and utter tripe. 

The Gillard government showed that government can actually be more effective from minority. 

How more effective, do I hear you ask? (Well, no - but it is a cute rhetorical device 😀 )

Because it involves consulting and adaption for a range of views, including minority views. 

Those who are uncomfortable with that have, in my opinion, a militaristic mindset that shows:

(a) they have limited ability for clear and present thinking; 

(b) they, in my opinion, quite probably have very low self awareness & emotional intelligence; and 

(b) they DO NOT, IN TRUTH, UNDERSTAND AND GENUINELY ACCEPT DEMOCRACY. 

I will end this PSA now . . . 😀


Australia has a Prime Minister who can genuinely talk about kindness ...

The title of this post says it all: in response to my post on Friday, Australia has chosen to move towards decency - with a few exceptions - by electing a Prime Minister who can genuinely talk about kindness.

The relief today is immense - five years of abuse have been - hopefully - ended. 

(and the very serious considerations of moving to New Zealand can be cancelled.)


Saturday, 21 May 2022

Some (mostly) human rights links and thoughts

Black Lives Matter! Be Anti-Racist, Anti-Sexist, and Actively Inclusive in ALL Areas.
The Climate Crisis is real, urgent and
existential!

The Pandemic is Real, and Vaccinations save lives. Stay safe - wash your hands, practice social distancing and wear a face mask in public, and follow informed medical advice - and be considerate towards those at risk or in situations of vulnerability (including economic) while the COVID-19 pandemic is a problem.

Some mostly human rights (including significant, relevant links in other fields - such as geopolitics, democracy, or authoritarianism) links: 

  • on the CLIMATE CRISIS (noting the UNFCCC) and ENVIRONMENT (noting multiple  international agreements): 
    • a report on investigations into a devastating typhoon nine years ago in the Philippines has “argued” that “big coal, oil and cement companies acted “immorally” at best in sowing climate disinformation and delaying action on emissions ... They could be liable for reparations – particularly those expanding fossil fuel production”;   “a new paper ... in the journal Royal Society Open Science claims that “civilisations either collapse from burnout or redirect themselves to prioritising homeostasis, a state where cosmic expansion is no longer a goal, making them difficult to detect remotely” ”;   a review of climate change and health policies in Europe;   “we must end our command-and-control relationship with the environment if we are to arrest its destruction”;   solar power can be generated at night using residual heat - at very low levels;   “conflict within the Coalition on climate policy has made it harder for public servants to give frank advice about preparing for worsening weather extremes”;   Egypt is considering using sea water cooling as a district cooling measure;   experts have said a “persistent drought in Ethiopia [is the] result of climate change”;   growing bushfire risk in the USA;   “risk of climate-induced statelessness and nationality loss in the Pacific”;   “carbon pollution pushed environmental breakdown to record levels in 2021” - see also here;   we have the world's worst per person GHG emissions from coal;   “'Great Green Wall' still touted as the Sahel’s desertification solution”;   pollution is still killing 9 million people annually;   a criticism of usage charges for EVs as “a tax on not polluting”;   a proposal to use solar power from Africa in Europe;  
       
  • on the COVID-19 PANDEMIC (noting WHO advice, Article 12 of the ICESCR, and public emergency provisions of the ICCPR and the ICESCR) and other health matters: 
    • as hundreds of people start going to food banks, “COVID-19 infections in Australia hit worldwide highs” - and calls for mask wearing to manage flu;   the pandemic has led to an increase in child labour in Africa;   second infections may not be milder;   staggering death rates in aged care this year;   one state’s “contact tracing system is plagued with significant privacy and security concerns, putting at risk highly sensitive personal and medical information”;  
       
  • on Rashist  Putin and his cronies’ ILLEGAL (it is contrary to Chapters VI and VII of the UN Charter  and international law [and the 1928 Pact of Paris which was successfully used in post-WW2 trials], and possibly includes conduct contrary to the "laws" of war and international humanitarian law (IHL)) INVASION of UKRAINE: 
    • as more Russians change their views of their government, Russia (with Putin’s direct involvement) may have lost one third of its military invasion force - giving Ukraine has an opportunity which must not be pushed too far, or Russia may use nuclear weapons;   Ukraine is planning how to rebuild;   Russia has said it could murder some prisoners of war;   Russian bloggers are now criticising their invasion - see also this;   Russian plans to prosecute Ukrainian soldiers could breach international law;   Russian soldiers are booby-trapping even children’ s toys;  
    • some concerns in the USA that it is depleting its arms stockpiles because of its rates of supply to Ukraine;   “Georgia's separatist South Ossetia region to hold [a] referendum on joining Russia”;   Turkey has set conditions before Finland or Sweden can join NATO;   a review of possible responses to Russian use of battlefield nuclear weapons;   an Australian company is breaching international sanctions;  
    • after the world turned to India to make up the shortfall in global wheat supplies amidst concerns that Russia is “weaponising” food supply, the heatwave has led to India banning exports - the rising food prices may be “apocalyptic” to the poor;   yet more racism against refugees fleeing Ukraine;  
       
  • on INTERNATIONAL AFFAIRS (noting the UN Charter [particularly Chapters VI and VII] and numerous  international  treaties): 
    •  actions about the Northern Ireland border  could lead to a trade war between the UK and EU;   China may be lacking understanding of Australia;   confirmation that the USA's abrupt withdrawal caused Afghanistan's collapse;  
    • noting particularly Chapters VI and VII of the UN Charter, the 1928 Pact of Paris used in post-WW2 trials, the "laws" of war and IHL and Article 20 of the ICCPR on WAR / CONFLICT:   NATO weapons from Afghanistan are now feeding a nascent insurgency in Kashmir;  
       
  •  on CORRUPTION (noting international  agreements and monitoring) and misgovernance: 
    • “a member of the administrative appeals tribunal has said he was benched from hearing social security cases because he decided too many against the government”;  
       
  • on DEMOCRACY (noting Article 25 of the ICCPR and monitoring  projects): 
    • Sir Lanka's crisis is continuing - see also here and here;   an excellent assessment of concerns about democracy includes a statement that “faith in progress is not enough. History does not run in a straight line. Tyranny is always laying in wait for justice and freedom”;   “the use of Pegasus spyware to target Catalan independence leaders and Spanish politicians – including the prime minister – has plunged Spain into a “crisis of democracy” and national security that can be tackled only with an independent investigation, a leading cybersecurity expert has warned”;   a change of political power in Lebanon;   protestors have called for a return to democracy in Tunisia;   “[Burma]’s democratic movement is as strong as the junta is brutal”;   democracy is still at risk in Hungary;  

    • “the rise of catchphrase politics: six examples of how policy loses out to soundbites”;
      on Australia's current national election campaign:   an opinion on leading issues for our next government;   the neolib nitwits have
      “offered incentives” for older Australians to downsize ... which ignores the lack of suitable choice of smaller housing - and “a major issue with Australia housing policy is that it regards housing as an asset rather than a need”;   a critique of the caretaker PM’s “gruesome election bet”;   a series of opinion pieces on what incoming Ministers should attend to;   a criticism of “pork barrelling” as “corrupt”;   another personal story rebutting the transphobic abuse of those neolibs who are also transphobic bigots;   a call for legal action against a minor party that used illegal signs;   a comparison of the main parties on refugees;   some sock puppets are parroting POTUS45's lies;   changed approaches to election costings - see also here;   31 former judges have called for strong anti-corruption action - see also this;   an article on voter databases;   seven key differences between the two main parties;   an opinion that the media has reached “peak passivity”;   Indigenous voices are not being heard;   concerns about an unhinged (my word) bigotted, right-wing, conspiracy fantasist “media outlet”;   several editorials have supported a change of government;  

    • suppression of dissent in Guinea,   Guinea-Bissau,   Iran,   Russia;
       
  • on HUMAN RIGHTS (noting the various rights and treaties summarised here, IHL, Article 5 of the Rome Statute founding the ICC): 
    • a white supremacist  teenager was able to get a gun and then commit a mass murder hate crime in the USA - see also here, here, here, here, here, here, here & here, here, and another shooting;   “Israel’s police chief ... [has] ordered an investigation into the actions of officers at the funeral of [an Al Jazeera] journalist ... , after they charged the procession and beat pallbearers, sparking global outrage” - and unanimous condemnation by the UN Security Council - . . . and decided proper investigation was not necessary . . . ;   an Islamophobic / secularist cultural war in France - but less intense now;   an article on bullying of young people leading to suicide;   a call to move inclusion and diversity in the workplace beyond business cases to embracing responsibility to the broader community they are part of and event the political aspects via “radical equality” . . . I like that, but there’s a lot of work to get it in place;  

      human rights abuses in Burkina Faso, Afghanistan, and Turkmenistan;  

    • violence in Mali / the Sahel,   Libya,   Ethiopia,   Haiti,   Tajikistan,   Togo,   Burkina Faso;

    • noting the GENOCIDE  Convention:    “learn lessons of Rwandan genocide and act now to stop Ethiopian war” - and possible genocide;  

    • noting the CRC on CHILDREN:   “the New South Wales government has refused to pass laws closing a loophole that allows prison staff to treat children in youth detention as adults, including the use of “oppressive” fully-naked-body strip-searches”;  

    • noting the Yogyakarta Principles on LGBTIQ+ PEOPLE:   an ad has supported pregnant transmen men and trans family - and the company has held to it despite a backlash from the transphobes;   a US state judge has stopped a transphobic child abusing law preventing trans youth accessing life saving care;   calls for conversion practices to be banned nationally;   discrimination is stopping TGD people access mental health care;   five years of transphobic abuse;   the need for IDAHOBIT;   a homophobic sports player in a French sporting league;   homophobia in Chile;   Coles has introduced gender affirmation leave;   “Anglican Bishops in Australia have voted down a statement against gay marriages”;   inadequate health services for TGD youth in Qld;   transphobia in the USA;  

    • noting Article 6 (4) (5) (6) of the ICCPR,   this, and this on the DEATH PENALTY:  Belarus has extended its use of the death penalty;  

    • noting ICERD and DRIP on RACISM:   an Indigenous town’s uranium contaminated water supply will finally be fixed - later this year ... ;   “Indigenous Australians are seeking ... to realise homes spiritual through the realisation of the Uluru Statement from the Heart”;   in my home state, “an [IBAC] audit has found there are “systemic failures” in how Victorian police treat complaints by Aboriginal people, with more than 40% of the files examined revealing indicators of bias on the part of investigators” - see also this (from another state);   WE HAD A PEACE ACCORD BACK IN 1889;   concerns over “fortress conservation” - and see also this;  

    • noting the conventions and the Global Compact on REFUGEES: inadequate support for Afghan refugees in France;  

    • noting the CRPD on PEOPLE WITH DISABILITIES:  the abusive treatment of a former disability discrimination commissioner at an airport is being investigated;   making workplaces accessible is mostly free;   only 12% of Australians with a disability are on the NDIS;   the experience of one person at Uni who has a disability of being patronised;   delays paying approved funding are trapping people in hospitals unnecessarily;  

    • noting CEDAW on SEXISM:  “prejudices that led to witch-hunts still affect women today”;   online misogyny;  

    • noting Article 19 of the ICCPR on FREEDOM of POLITICAL EXPRESSION:  an “extraordinary” order has been issued for media to hand over the DRAFT of a story - before it has been finished, let alone published - for editorial review by the person whose conduct is the subject of the article;   an opinion that “the big problem with free speech on platforms isn’t censorship. It’s the algorithms”;   Microsoft has been doing China’s censorship for them;  

    • noting Articles 6 (1), 7, and 8 (see here) of the ICESCR,   Article 5 (e) (i) (ii) (see here and here) of the ICERD,   Article 11 (1) (a - c) of the CEDAW,   and   Article 27 (1) of the CRPD on WORK and FAVOURABLE WORK CONDITIONS:  an example of the social problem of burnout from the hospital system;   a call for a global sporting body to pay millions in reparations to works who were abused by Qatar;  
       
  • on NATURAL and OTHER DISASTERS (noting Article 1(3) of the UN Charter): 
  • “US officials have warned businesses against inadvertently hiring IT staff from North Korea, saying that rogue freelancers were taking advantage of remote work opportunities to hide their true identities and earn money for Pyongyang”;   
  • the experience of synaesthesia;
(Should you elect to write to your elected representatives or others on these matters, it may be useful to familiarise yourself with the links shown in blue - or to at least refer to them. Don't forget to CHECK whether your nation has RATIFIED the treaty concerned.)


Friday, 20 May 2022

Emotional, psychological, social, intellectual, legal, and MORAL blindness to cruelty (~1,800 words - 8 - 11 min. read)

When I was a child, we used to travel up to Queensland to visit relatives - mostly during end of the year holidays. Sometimes, some relatives came down to visit us - which was quite a hike both ways, as we couldn’t afford to fly much in the 60s, and instead drove for 3 or 4 days each way.

There were considerable culture shocks both ways. 

On the occasion of one visit to us in Melbourne, I recall one cousin complaining that the bread was “too doughy” . . . by which he meant fresh - in all his life, he had never had truly fresh bread, and the unfamiliarity of fresh bread was unsettling to him.

Going the other way, my sister and I thought it was quaint to collect the mail from our (adoptive) paternal grandmother’s letterbox, as there were always a few green frogs in it, and it was as much a joy to count and report the varying number of frogs as to collect the mail. 

The other grandparents - who were English and Scottish - were sterner, and less joyful. 

The tropical storms were also less joyful (although I liked the rain - except that, on Nan’s tin roof you couldn’t hear yourself think, as the saying went), but the mossies were probably worst of all. 

One of the most disturbing things for me, however, was the day we went crabbing. I got used to standing on the thwarts of the tinnie as the crabs escaped and clattered around in the bilge, but it was boring and the mangroves smelled. (They still do, but now, as an adult with a few more years [and decades] under my belt, I appreciate what that smell means in terms of a rich biodiversity - and that mangrove mud makes an excellent screen against the sandfly and mossie parts of that rich biodiversity, and indeed possibly also against alien abduction attempts - and also any attempts at any sort of dating life until quite a few showers have been had.)

I would much rather have been home reading, or wandering somewhere where there were trees (but not too many snakes - I wasn’t in those days a fan of snakes or spiders, but they were a smaller [size* and frequency] problem back home in Melbourne). 

(* Generally - one day my father swept what he called a “Christmas spider” out of the house and it was only slightly smaller than the width of the broom he used to gently deposit it in a garden bed outside.)

Even worse was to come after the crabbing, when my uncle began boiling them alive.

Both my father and uncle, as with many people of that era, wanted to show that they were well informed (smart, in the lingo of the times), as do many people these days, but they put their faith more readily in official pronouncements than we do now, in the post-Watergate world, and those official pronouncements included claims that crabs being boiled alive didn’t “really” feel pain.

It was an utter bloody absurdity - an obscenity against all reason, and I question to this day how ANYONE could possibly be anywhere near such an appalling event and even THINK to suggest that. It is a practice that is cruel to the point of being barbaric, so I find that farcical justification not only an obscenity against all reason, but an obscenity against all decency - to the point that I have to wonder if those who proposed it or used it were sadists, sociopaths or psychopaths.

Such offensive and farcical excuses abound in other areas of life as well - such as the male emergency services workers a few years ago who separated a mother from her child and then performed what amounted to a strip search under threat of being handcuffed out of an alleged “abundance of caution” over about a cupful of spilled chemical. 

Are they sadists, sociopaths or psychopaths? 

They certainly were NOT decent, responsible, or caring in any way, shape or form. 

I’ve now come across a similar blindness to cruelty - a blindness  of emotion, psychology, society, intellect, law, and morality from the 70s and 80s that has left me utterly staggered.

In the 1970s, the South African military - the military of a regime that was so emotionally, psychologically, socially, intellectually, legally, and morally blind that it implemented apartheid - implemented a regime of conversion “practices” that was so abusive and extreme that, when aversion practices including electric shock and “chemical castration” didn’t force gay men to become heterosexual, those men were - without consent - given partial gender reassignment surgery.

I am appalled at the level of depredation and wilful blindness of individuals and society that could even countenance accepting that.

Are they all sadists, sociopaths or psychopaths? 

It brings to mind the notorious non-consensual and abusive gender reassignment of David Reimer by John Money. 

All of these cases resulted in gender dysphoria - David Reimer being wrongly forced to live as if he was female and the gay men in South Africa being wrongly forced to live as if they were female show a staggering level of individual and social emotional, psychological, social, intellectual, legal, and moral blindness that is utterly obscene. 

They caused the sort of gender dysphoria that transgender and gender diverse (TGD) people remedy through transition.

Let me consider that further: 

  • emotional blindness: 
    • the individuals in South Africa’s military who were applying their abuses failed to recognise the distress they were causing; 
    • South Africa’s white society was too emotionally incompetent - whether blinded by their personal insecurities or by unthinking allegiance to immoral teachings against normal human sexuality - to recognise the emotional shattering it was causing; 
    • John Money failed to recognise the distress he was causing, which is often attributed to intellectual stubbornness, but that in turn depends on an emotional incompetence in that he was unwilling to be embarrassed by admitting error;
  • psychological blindness: 
    • the individuals in South Africa’s military who were applying or overseeing these abuses clearly were psychologically inept in both a professional and personal sense - but why?
      They clearly had no interest in true scientific method: was that because they were personally insecure about the issue, or because they had a value judgement that such normal variations in sexuality were somehow wrong or harmful?
      They lacked sufficient ethical integrity to be honest, and that made them professionally incompetent: their holding to their position took their failure into personal psychological blindness;
    • South Africa’s white society was clearly as a whole psychologically incompetent because of their use of apartheid. I don’t consider there is any need to expound upon that failure, but I will note that not all white South Africans agreed to that, and thus that society had some elements that were free of the cancer of race hate; 
    • John Money’s failure on this aspect is probably similar to that of South Africa’s military;
  • social blindness: 
    • society formed the soup that South Africa’s apartheid regime and military grew in, and to some extent the soup that John Money was trying to change or challenge.
      That soup is formed by the accumulative decisions of many people - typically, people going along with parents, peers and respected influencers, which is commonly (in my experience) because they want approval, or because that is the easiest way to live.
      But convenience and comfort are no excuse for wrongdoing - a problem being made painfully clear now by our failures in relation to the climate crisis, but also made clear by the widespread enabling of the
      “turning a blind eye” and “that’s-the-way-it-has-always-been”-itis of child abuse in religious groups and other organisations;
  • intellectual blindness: 
    • society trusts experts to advise it on specialist topics. When they do their work properly, that works well - subject to possible failures of society to accept the truth - for instance, there have been decades (actually, nearly two centuries) of warnings on the climate crisis - in fact, the warnings started way before it was a crisis.
      Similarly, there were decades of warnings about child abuse in some religious institutions.
      What is wrong with society that it wilfully ignores valid warnings or advice? Inability to face the discomfort of a change or sacrifice for the greater good? Is that as a result of personal psychological failings?
      I definitely attribute intellectual failures of experts to personal psychological failings;
  • legal blindness: 
    • “The law” - more accurately, the legal and/or judicial systems - has strengths and weaknesses. The context of the political-social soup such systems exist in has an influence, but so too does the fact of whether the legal system is more progressive or regressive than the society it exists in.
      In the case of abolitionism in the UK in the late 1700s/early 1800s, “the law” was probably more progressive than the
      political-social soup it existed and operated in.
      When the United  Nations was founded and the Genocide  Convention was adopted, they both probably matched (sadly, society has regressed since then).
      In the USA at present,
      “the law” is about two centuries behind society.
      In 1970s and 80s South Africa,
      “the law” matched the political-social soup it existed and operated in, and both were about a century and a half behind the rest of the world;
  • moral blindness: 
    • this is the point that I most wish to emphasise: all persons who boil crabs alive, or indulge in the equivalent forms of abuse of other creatures shown by John Money, South Africa’s military, and others, are guilty of an obscenity against life itself.
      And as love is the essential for life to thrive in a nonphysical or spiritual sense, they are guilty of an obscenity against all that is spiritual, including all valid conceptions of Deity.

There are details of what was done in South Africa at: 

The last reference includes the following dedication:

We dedicate this project to all the people who shared their experiences with us — whether victims, family, friends or lovers—and those who survived in spite of having their basic human rights violated.

In particular, we think of the man known as Neil in this report, who died tragically the week before the report went into print.

We also think of all those who suffered abuses at the hands of health workers in the armed forces, but whose voices are not represented here.

So I repeat my question: 

What is WRONG with people who allow or take part in such obscene cruelties? Why are they emotionally, psychologically, socially, intellectually, legally, and morally blind to their cruelty?

This question applies to a lot of other areas of life as well . ..

PS - the current transphobic hate of some involved in the current election in Australia is clearly based on complete and utter ignorance - it is thus both blind and based on blindness, and thus lacks all credibility. The experts and much of society are against that bigotry, and the bigotry will quite possibly harm those people in tomorrow’s election. Hopefully it will one day also backfire on the conservative media who have shown their professional incompetence on this matter.