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The Forum > Article Comments > Child abuse by another name > Comments

Child abuse by another name : Comments

By Patmalar Ambikapathy Thuraisingham, published 9/7/2007

Does the PM intend, in accordance with Article 12 of the UNCROC, to ask the children of the Northern Territory what their views are?

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Mr Howard forgets the thousands of Australian children who are in out of home care because of abuse which takes many forms. This Government gives token commitment to "Strengthening Families" but continues to avoid the real issues. Intelligent Australians see his latest move on indigenous children as yet another election ploy.
Until changes are made so that the care and protection of children ceases to be a political football between the States, Territories and the Federal Government, thousands more children will be victims. Children of a young age in our society are articulate and able to express themselves - leaders refuse to accept this as there is no political advantage for them.
These abused children from whatever background are part of the future of this country. It is time they were heard and their needs met.
Posted by Narelle, Monday, 9 July 2007 7:50:46 PM
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I see a lot about political motives and rights, for starters who cares about motives FINALLY some strong action has been taken, run with it not against it.
Rights? It is my understanding this catch all phrase has been more of a problem then a reality, WHAT ABOUT THE VICTUMS RIGHTS? Hello is anybody out there listening.
And quite frankly as far as the past ASTIC leaders and the LAND RIGHTS COUNCIL they have done nothing that would even remotely qualify themselves as community leaders.
I have two addittions that might help the normalisation process; 1 Spread it accross the board. 2 Take note of all those opposing and strip them of all assests they have callously gained from their vested interests and then deport the bums to places that don't care about anybody let alone children.
And just for the record my experience runs from the Tamini across and up to the tip of Cape York and beyond.
Posted by noreeblue, Tuesday, 10 July 2007 10:04:04 AM
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NT child abuse figures 'not a stand out'

Posted Fri Jul 6, 2007 5:36pm AEST

The co-author of a Commonwealth commissioned child protection report says sex abuse figures for Indigenous children in the Northern Territory are among the lowest in Australia.

Diedre Penhaligon from the Australian Institute of Health and Welfare confirmed Indigenous children in suburban Victoria are more at risk than those in the Territory.

Ms Penhaligan says over the last few years the number of child sex abuse reports has risen across Australia, but says the Territory figures are not a stand-out.

"It's certainly possible that the Northern Territory may have been maybe a bit unfairly targeted compared to other jurisdictions," she said.

"It's a problem in every jurisdiction."

"If we look at the Northern Territory about 4 per cent of all substantiated cases of child abuse and neglect were for sexual abuse in Indigenous children.

"But for other children, that is people who haven't identified as being Indigenous, it is actually 9 per cent and that's a pretty consistent finding across all the jurisdictions."

Earlier, a Melbourne University Professor claimed child-sex abuse was five-times more prevalent in Melbourne suburbs.
source>> http://www.abc.net.au/news/stories/2007/07/06/1972244
Posted by Rainier, Tuesday, 10 July 2007 11:21:47 AM
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Ok, I admit that I gained great respect for Patmalar Ambikapathy being a Barrister to speak out as she did. In fact It was very pleasing to me that here we have a barrister doing so.
I am not a lawyer but a “CONSTITUTIONALIST”, an Attorney, and Author of books regarding certain constitutional and other legal issues in the INSPECTOR-RIKATI® series and have canvassed matters extensively.

Sure, there is a considerable sexual abuse going on, but that is not just in regard of Aboriginal children. Since 1982 I have conducted a special lifeline service under the motto MAY JUSTICE ALWAYS PREVAIL® and assisted many in Family Court matters, at times on request of a judge to assist an unrepresented person, and I will spare you the gory details but can assure you that it is raging also outside Aboriginal communities.

It serve no purpose to unconstitutionally and so illegally do a SHOCK & AWE upon Aboriginal communities as more then likely the backlash as we experienced in Iraq likewise will eventuate in those communities.

If we desire to attack the issue of child abuse then it must be done respecting the victims rights above all. We do not do so if we use it as to rob Aboriginals of their land!

Also, no matter how good intentions anyone may have, if it is unconstitutional then it is and never must be acceptable. After all, where does the government then stop with acting unconstitutionally?

Consider also that the Federal Government has indicated to dictate those receiving social security how they are permitted to spend their monies, and not just Aboriginals. As such also people on old age pensions. Next the Federal Government might indicate where you are to purchase your groceries, etc.

Come on, the Commonwealth of Australia has no constitutional powers to interfere with a persons liberty, social life, etc. This is for the States/Territories to deal with.

I have posted material on my blog at http://au.360.yahoo.com/profile-ijpxwMQ4dbXm0BMADq1lv8AYHknTV_QH

On this blog it also has a correspondence to Noel Pearson and how to appropriately address the issue.
Posted by Mr Gerrit H Schorel-Hlavka, Wednesday, 11 July 2007 1:28:44 AM
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And further;

Few if any lawyer/politician/judge is aware that in fact the European Human Rights provisions are also applicable in the Commonwealth of Australia provided it does not clash with constitutional provisions.
This is because all British law, other then constitutional laws are subject to the European Human Rights provisions. As we are constitutionally under British law (forget the legal nonsense about not being so) the only exclusion is any law enacted within Subsection 51(xxvi), as this subsection specifically provides for racism/discrimination and the European Union and neither any treaty can override the fact that the commonwealth of Australia is a “racist” “political union” as endorsed by all colonies (now States).

As my blog indicate however, what the Federal Government seeks to do is neither as such permissible within its constitutional powers of Subsection 51(xxvi) or as a “sovereign” of the Northern Territory within Section 122 of the Constitution!
I am looking forwards when lawyers finally will confront the Federal Government with this!

Likewise the land-grab of Aboriginal communities would as such be unconstitutional as the only way it can be permitted to grab the land of Aboriginals is to enact legislation within Section 51(xxvi) to take the land of all Aboriginals, regardless if they are perhaps doctors/lawyers/judges/politicians. As the Framers of the Constitution made clear Subsection 51(xxvi) could not be used to target specific people but was limited to be used to a specific “coloured race” and then must be against “all persons” of the race.
Hence, lawyers who own properties might just discover that if the land can be taken from Aboriginal communities in the NT then their homes, etc can be taken regardless if they live in Melbourne, Sydney or where ever.
Again I have posted material on my blog at http://au.360.yahoo.com/profile-ijpxwMQ4dbXm0BMADq1lv8AYHknTV_QH
Posted by Mr Gerrit H Schorel-Hlavka, Wednesday, 11 July 2007 1:44:54 AM
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