This study focuses on mental health care and the civil rights of both the mentally ill and the mentally retarded (i.e. the mentally disordered), citizens of the Australian Capital Territory. The study begins by describing the historical background which has affected current mental health care; the timespan stretches from the nineteenth century when both the mentally ill and the mentally retarded were institutionalised in the asylum, to the present time, with the preferred community centred therapy and 'normalisation' of the mentally disordered. It is explained that current mental health theories recommend that the role of the psychiatric hospital (formerly asylum), should be that of a crisis intervention centre only. The effects of the carefully framed Lunacy Acts of the 19th century are explored in relation to civil rights, as well as the roles played by doctors and lawyers in asylum care. The development of physical treatments, the emergence of psychiatry as a discipline, the catalytic effect of World War II and then the discovery of psychoactive drug therapy culminated in the writing of the Mental Health Acts of the 1950's. The subsequent shift of power from lawyers to doctors in the implementing of these Acts is explained in relation to the civil rights of affected individuals as is the effect of tensions which still exist between these two professions. Current mental health care within the ACT is described, and potential which exists for infringement of the civil rights of the mentally ill and the mentally retarded is highlighted. Recent and current frameworks for mental health care are critiqued, and it is argued that improvement could be made to the latter by developing a mental health model, in which the need for monitoring civil rights is stressed. Against this background, an analysis is made of the ACT Mental Health Ordinance (1981). The need for the new Ordinance is explained, and the Ordinance is then examined in relation to its effect upon mental health care in the ACT, and upon civil rights. In conclusion, a summary is made of the findings of the study, and inferences are drawn for the future of mental health care and for civil rights of the mentally disordered in the ACT.

The topic of this thesis is the prolonged denial and eventual recognition of the rights of the Indigenous peoples of Australia following the British assertion of sovereignty. The analysis considers the manner in which the denial and subsequent recognition of Indigenous rights has affected the system of government of the dominant society (the Commonwealth of Australia) in terms of the establishment and evolution of the constitutional framework and associated processes of institutional change in the principles, structures and procedures of the system of government. The primary jurisdiction in which this topic is explored is the Northern Territory of Australia; the primary contexts are the recognition of Indigenous land rights (defined broadly to include associated natural and cultural heritage and resource rights) and the Indigenous right to self government within ‘the state’ (the internationally constituted and recognised polity of the Commonwealth of Australia). / The thesis draws on analogous developments in Canada and New Zealand to demonstrate that, while significant progress has been made in the recognition of Indigenous rights since the 1960s, many forms of recognition remain conceptually and procedurally limited. In particular, associated regimes have almost invariably been devised and implemented within a fundamentally monocultural context in which Indigenous rights remain subject to unilateral abrogation or extinguishment by Commonwealth governments. In addition, the legal basis of and requirements for recognition of Indigenous rights according to Commonwealth law result in extremely variable levels of recognition in different areas and contexts, and principles and procedures for the mutual recognition and co-existence of Indigenous and Commonwealth law and systems of government are only partially apparent in the Federal and Northern Territory systems of government. In addition to extending and deepening the recognition of Indigenous rights throughout all relevant institutions of the system of government, to address these deficiencies the thesis argues that constitutional recognition and protection of Indigenous rights and the negotiation of treaties are essential if the Indigenous right of self-determination is to be respected and accommodated by the dominant society.

Thesis (Ph. D.)--University of Notre Dame, 2007. / Thesis directed by R. Scott Appleby for the Department of History. "April 2007." Includes bibliographical references (leaves 350-364).

Australian debates about racial vilification legislation have been dominated by mainstream American First Amendment jurisprudence and popular American notions of 'free speech' to the exclusion of alternative Europeans models. This can be seen from notions of Australian racial vilification legislation as inconsistent with 'free speech' rights as well as the influence of some of the basic assumptions of First Amendment jurisprudence on political speech cases in the Australian High Court. Despite the widespread existence of legislation that penalises racial vilification at State and Federal levels, there has been a rise in Australia over the past 10 years of divisive 'race' politics. Against that background, this thesis considers the scope and limits of racial vilification legislation in Australia. It is argued that First Amendment jurisprudence is inadequate in the Australian context, because it is heavily dependent upon economic metaphors, individualistic notions of identity and outdated theories of communication. It assumes that 'free speech' in terms of lack of government intervention is essential to 'democracy'. It ignores the content, context and effect of harmful speech, except in extreme cases, with the result that socially harmful speech is protected in the name of 'free speech'. This has narrowed the parameters within which racial vilification is understood and hindered the development of a broader discourse on the realities of racist harms, and the mechanisms necessary for their redress. The author calls for the development of an Australian jurisprudence of harmful speech. Failing an Australian Bill of Rights, that jurisprudence would be grounded upon the implied constitutional right of free political speech, informed by an awareness that modern structures of public speech favour a very limited range of speech and speakers. The jurisprudence would take advantage of the insights of Critical Race Theory into the connections between racial vilification and racist behaviour, as well as the personal and social harms of racial vilification. Finally, it is argued that the concepts of human dignity and equality, which underpin European discrimination legislation and notions of justice, provide a way forward for Australian jurisprudence in this area.

<p>Up until the 19th century, religion was used as a way of legitimizing slavery in America. With the rise of the civil rights movement religion seems to have played a quite different role. This essay aims to explore the role of religion in the ideologies of Martin Luther King, Jr. and Malcolm X. The speeches, writings and actions of these two men have been analysed in hope that the result will contribute to the larger study of American civil rights history.</p><p>This essay proposes that both Martin Luther King, Jr. and Malcolm X infused their political message with religious ideas and that they leaned on religion for support and inspiration. By analysing the discourse headed by King and X it becomes clear that in direct contrast to how religion was used during slavery, religion was used as a way of legitimizing equality (and in some cases black superiority) between races during the civil rights movement.</p>

Thesis (M.A.)--Georgia State University, 2006. / 1 electronic text (136 p.) : digital, PDF file. Title from title screen. Clifford Kuhn, committee chair; Ian C. Fletcher, committee member. Description based on contents viewed Apr. 5, 2007. Includes bibliographical references (p. 133-136).

Thesis (doctoral)--Univ. Köln, 2006. / Includes bibliographical references (p. [xxxiii]-lxxxix)

Over the past few decades, the Civil Rights Movement has undergone a profound re-examination that has helped to reconceptualize its origins, development, regional boundaries, leadership, protest strategies, and effects. The study of the black freedom struggle in Miami will contribute to this intellectual movement by exploring how immigration, ethnic difference, tourism, and the construction of race shaped the fight for the liberation of African Americans during the early twentieth century and fashioned its distinctive character following World War II. While an ever-increasing body of scholarship on civil rights activism in Florida has helped to debunk popular notions of Florida as an ostensibly atypical southern state, exposing its deeply racist character, the struggle for racial justice in South Florida still requires more attention. Although recent studies have enhanced our understanding of the virulent racism confronted by African Americans in a state that has traditionally enjoyed a reputation as being more moderate with regard to race than the rest of the South, only very few studies have focused on the less publicized, yet significant, battles that occurred in heterogeneous cities like Miami, which never comfortably fit within the paradigm of the Deep South experience as it is broadly understood. The city provides an important case study that sheds new light on unresolved questions regarding the "southernness" of Florida by looking at the impact of the convergence of cultural practices from the American South, the Caribbean, and Latin America on the nature and development of race relations during the first half of the twentieth century. While the development of the struggle for freedom illuminates many of Florida's Deep South traits, my research will also demonstrate that the city of Miami offers a counterpoint to the rest of the state because post-WWII meteoric tourist growth and rapid demographic change fostered a peculiar racial climate that was neither southern nor northern before Cuban migration gathered momentum. White civic elites were determined to secure the city's paradise image and burgeoning reputation as the "Gateway to the Americas," which ultimately mitigated the modern Civil Rights Movement.

Thesis (doctoral)--Deutsche Hochschule für Verwaltungswissenschaften, Speyer, 2005. / Includes bibliographical references (p. [567]-578).

Thesis (Ph. D.)--University of Maryland, College Park, 2005. / Includes bibliographical references (leaves 407-417).