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Man clinging to esky rescued after Hurricane Milton ravages entire state

<p>A man has been dramatically rescued after he drifted more than 50km out to sea after being hit by the terrifying storm of Hurricane Milton. </p> <p>The record-breaking storm system ravaged the US state of Florida on Thursday, as the death toll has risen to 14 at the time of writing.</p> <p>One fisherman survived the storm by clinging to an esky and was rescued by the US Coast Guard in the Gulf of Mexico after his boat was stranded overnight in dangerous waters.</p> <p>“This man survived in a nightmare scenario for even the most experienced mariner,” Lieutenant Commander Dana Grady of the US Coast Guard said of the dramatic rescue.</p> <p>“To understand the severity of the hurricane conditions, we estimate he experienced approximately 75 to 90mph winds, 20- to 25-foot (six to seven metre ) seas, for an extended period of time to include overnight."</p> <p>“He survived because of a lifejacket, his emergency position indicating locator beacon and a cooler.”</p> <p>The storm swept through the city of Tampa, causing widespread destruction throughout the south-east of the state, with many residents now dealing with power outages and extensive debris. </p> <p>Amongst those stranded during the flash flooding were 135 residents of an aged care home, with many  wheelchair-bound residents spending the night sitting in water up to their waste before they were rescued the next morning.</p> <p>“This is a neighbourhood that doesn’t have a lot … They’ve lost everything,” Hillsborough County Sheriff Chad Chronister told <em>CNN</em>.</p> <p>“These are people who live day-to-day and they have nothing … Your heart shatters for these people.”</p> <p>Florida Governor Ron DeSantis said, “We’ll survey the damage and get people back on their feet – we’ll get through this.”</p> <p><em>Image credits: Instagram - US Coast Guard</em></p>

Travel Trouble

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USA medallist shares shocking state of Olympic bronze

<p>An Olympic medallist has shared the shocking state of his bronze medal, just one week after winning it. </p> <p>US skateboarder Nyjah Huston won bronze in the Men’s Street event on his skateboard at the Paris Olympics, and returned to the USA after his win. </p> <p>Huston, 29, has been staying in Laguna Beach in California, enjoying his break with friends and soaking up the sun as well as showing off his new medal.</p> <p>However, the medal is no longer looking as clean as it was when awarded to him, as she showed off in a video he posted to Instagram. </p> <p>In the clip, the medal could be seen looking battered and peeling.</p> <p>Hutson insisted that the quality of the metal may not be as “high” as he initially thought and called for it to be improved.</p> <p>He said, “Alright, so the medals look great when they are brand new."</p> <p>“But they look worse after I let them sit on my skin with some sweat for a little while and let my friends wear them over the weekend."</p> <p>“They are apparently not as high quality as you would think. I mean look at that thing, it is looking rough."</p> <p>“Even the front is starting to chip off a little so I think the Olympic medals need to step up the quality a little bit.”</p> <p>In a separate post, he added, “Medal looking like it went to war and back. I guess the medals are meant to be in cases. Not meant for the send.”</p> <p>Huston then posted a follower’s reply to his Instagram story that read, “Looks like ya won that thing in 1982 mate.”</p> <p>Many were quick to comment on his post, assuming the medals would be of higher quality.</p> <p>One person wrote, “What a piece of trash from the Olympics,” while another asked, “Did you keep the receipt?”</p> <p><em>Image credits: Instagram </em></p>

Travel Trouble

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Grease star's emotional tribute to Olivia ahead of state memorial

<p>It's been six months since Olivia Newton-John passed away, breaking hearts of entertainment lovers everywhere. </p> <p>Now, her celebrity friends and family have begun arriving in Melbourne for her state memorial on Sunday, with thousands of fans joining to pay their respects. </p> <p>Among those sharing fond memories of Australia's sweetheart is Olivia's long-time friend and <em>Grease</em> co-star Didi Conn, who starred as Frenchy alongside Newton-John as Sandy. </p> <p>In an interview with <em>Today Extra</em>, Didi became emotional while reminiscing on a sweet moment from the set of the hit 1978 musical. </p> <p>"It's not good when you can't talk, you know, on a talk show," Conn said as she tried to compose herself.</p> <p>Didi revealed the first scene she filmed with Newton-John, sharing that the Aussie was actually quite nervous, but that was the moment they became great friends.</p> <p>"We were waiting for them to set up the shot and I just looked at her and she was shaking," she said.</p> <p>"I said 'Oh, Sandy, I'm so happy to have a friend from Australia, tell me all about Australia' and she looked at me like 'is this in the script?'"</p> <p>Olivia then cottoned on that Didi was improvising and by the time the cameras started rolling she was much more comfortable thanks to that little bit of help.</p> <p>"When the scene ended, she hugged me and that was the beginning of our friendship," she said.</p> <p>The women shared over 40 years of friendship and she revealed one of the last sweet moments she got to share with her.</p> <p>"I hadn't spoken to her in a couple of months and I called her and she said, 'why haven't we spoken?'," Conn said.</p> <p>Conn had been unwell recently and Newton-John was in hospital with a broken leg.</p> <p>"The next day I received this gorgeous orchid plant, it was beautiful with so many buds," she said.</p> <p>"The day before she left Earth, one of the buds fell down and I thought, oh no, and sure enough, I heard the news."</p> <p>"But her beauty will last forever, in everyone's heart, because she had the biggest heart, she was the most beautiful person."</p> <p><em>Image credits: Paramount Pictures / Today Extra</em></p>

Caring

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Iran: protesters call for move to a non-religious state. What changes would that bring?

<p>My friend was in Tehran during protests after <a href="https://www.reuters.com/world/middle-east/events-iran-since-mahsa-aminis-arrest-death-custody-2022-10-05/" target="_blank" rel="noopener">the death</a> of Mahsa Amini while in the custody of the morality police (Gasht-e Ershad). My friend went into a grocery shop intending to buy milk. The seller refused to sell anything to her. “Why are you refusing?” she asked. “I can see that you have milk.” “Because you are wearing a hijab,” the seller responded.</p> <p>This is part of a backlash by those who see themselves as oppressed by the Islamic Republic’s discriminatory hijab law, which prosecutes women for not “covering up”. The term hijab is an Arabic word meaning cover. It’s used to refer to different types of covering, from a long-sleeved coat, pants and scarf to the Islamic government’s preferred form of dress, chador, which is a loose-fitting black cloth worn over the entire body. After Mahsa Amini’s killing in September, mass protests broke out over this law and its enforcement.</p> <p>Wearing hijab became obligatory for all Iranian women from April 1983, after the 1979 revolution. Since then, all women have been forced by law to wear hijab (a covering of hair and or body) in public, even non-Muslims and foreigners visiting Iran. If they don’t they face prosecution.</p> <p>The government of Iran, the Islamic Republic, argues that God commands women to wear hijab. This is a government which has leaders who are members of the clergy and merged religious beliefs into state law. But even some Islamic scholars argue that the Qur'an does not suggest that hijab should be <a href="https://yalebooks.yale.edu/book/9780300257311/women-and-gender-in-islam/" target="_blank" rel="noopener">compulsory</a>.</p> <p>Mahsa Amini’s case is polarising Iran: those who rigorously advocate the hijab and religious law are set against those who prefer a <a href="https://time.com/6216024/iran-protests-islamic-republic-response/" target="_blank" rel="noopener">secular state</a>, not run by religious values.</p> <p>This has led the nation to <a href="https://www.theguardian.com/world/2022/oct/26/iran-at-least-15-killed-after-gunmen-attack-shrine-in-shiraz" target="_blank" rel="noopener">the current upheaval</a>, with <a href="https://www.theguardian.com/world/2022/oct/08/are-hijab-protests-the-beginning-of-the-end-for-irans-regime" target="_blank" rel="noopener">vast</a> protests across the country, and <a href="https://www.bbc.co.uk/news/world-middle-east-63410577" target="_blank" rel="noopener">people being killed</a>.</p> <p>At many protests the Iranian resistance chant is <a href="https://www.politico.eu/article/iran-protests-women-life-freedom-mahsa-amini-killing/" target="_blank" rel="noopener">Zan, Zendegi, Azadi</a> (#WomenLifeFreedom) is heard. The protesters call for life and liberty to be applicable to everyone (religious and non-religious). A big part of <a href="https://theconversation.com/iran-protests-majority-of-people-reject-compulsory-hijab-and-an-islamic-regime-surveys-find-191448" target="_blank" rel="noopener">the motivation</a> behind these protests is to challenge how the current religious law takes away the right of women to choose what to wear.</p> <h2>What is secularism?</h2> <p>Secularism is the idea that states should be <a href="https://academic.oup.com/book/1881/chapter-abstract/141631825?redirectedFrom=fulltext" target="_blank" rel="noopener">neutral about religion</a>. The state should not <a href="https://www.theguardian.com/commentisfree/2012/feb/16/what-mean-secular-state-neutral" target="_blank" rel="noopener">back</a> a specific religion over others. A secular state <a href="https://anthrosource.onlinelibrary.wiley.com/doi/abs/10.1111/j.1548-1360.2011.01117.x" target="_blank" rel="noopener">provides</a> equal opportunity for religious and non-religious citizens to pursue their lives. The state must respect everyone’s values (including minorities), not just some people’s values.</p> <p>Secularism seems reasonable <a href="https://academic.oup.com/book/28394" target="_blank" rel="noopener">to many</a> because it is unusual for an entire nation to believe in a religion as one source of law. Some <a href="https://www.tandfonline.com/doi/abs/10.1080/00263206.2019.1643330" target="_blank" rel="noopener">scholars of Islam</a> disagree with the established interpretation of the Islamic Republic about whether God has commanded a mandatory hijab. As a result, they claim that hijab is not about covering hair but about “modesty”. Some others challenge <a href="https://www.theguardian.com/world/2022/oct/12/iran-hijab-law-protest-ali-larijani" target="_blank" rel="noopener">the way</a> the morality police treat women in the street.</p> <p>While some people might be railing against women being forced to wear the hijab, others continue to feel strongly about its continued use. <a href="https://www.rferl.org/a/iran-qom-women-hijab/31929986.html" target="_blank" rel="noopener">Reports</a> say that Iranian authorities have closed some coffee shops because of the “improper” hijab of some female customers. And more <a href="https://english.alaraby.co.uk/news/iran-detains-woman-eating-breakfast-without-hijab" target="_blank" rel="noopener">recently</a>, a woman was arrested for eating breakfast in a café with no hijab.</p> <h2>Iranian history of secularism</h2> <p>Modern debates about secularism in Iran can be traced back to the <a href="https://www.bloomsbury.com/us/irans-constitutional-revolution-9780755649235/" target="_blank" rel="noopener">Constitutional Revolution</a> in 1906. It advocated <a href="https://iranicaonline.org/articles/constitutional-revolution-i" target="_blank" rel="noopener">liberalism and secularism</a> and began conversations about a society without religious rules for all.</p> <p>Iranians experienced enforced secularisation shortly after Reza Shah Pahlavi was <a href="https://www.britannica.com/biography/Reza-Shah-Pahlavi" target="_blank" rel="noopener">crowned</a> in 1925. In 1936 he issued a decree <a href="https://www.brookings.edu/opinions/iran-and-the-headscarf-protests/" target="_blank" rel="noopener">Kashf-e hijab</a> that any public expression of religious faith, including wearing hijab, was illegal. Again, this was a leader was telling women what to wear. However, his attempt to militantly secularise and westernise Iran faced <a href="https://www.taylorfrancis.com/chapters/mono/10.4324/9780203060636-22/banning-veil-consequences-dr-stephanie-cronin" target="_blank" rel="noopener">resistance</a> from society.</p> <p>The overthrow of the Pahlavi dynasty in 1979 led to the establishment of a militant Islamic government based on <a href="https://www.icit-digital.org/books/islam-and-revolution-writings-and-declarations-of-imam-khomeini-1941-1980" target="_blank" rel="noopener">Shia Muslim teachings</a>. After the hijab became <a href="https://www.mei.edu/publications/irans-headscarf-politics" target="_blank" rel="noopener">mandatory</a>, it became a symbol of compulsory faith. It has also played a significant role in pushing some parts of the Iranian population towards a more secular state.</p> <p>In 2022 Iran is experiencing some dramatic shifts, including what appears to be a shift towards secularism. Some argue that secularism is an <a href="https://www.nytimes.com/1979/05/25/archives/khomeini-terms-secular-critics-enemies-of-islam-dictatorship-of-the.html" target="_blank" rel="noopener">enemy</a> of religion or a product of <a href="https://nyupress.org/9780814795644/democracy-in-modern-iran/" target="_blank" rel="noopener">western colonisation</a>. Despite the majority of Iranians considering themselves <a href="https://gamaan.org/wp-content/uploads/2020/09/GAMAAN-Iran-Religion-Survey-2020-English.pdf" target="_blank" rel="noopener">religious</a>, some evidence shows that Iranians are <a href="https://theconversation.com/iran-protests-majority-of-people-reject-compulsory-hijab-and-an-islamic-regime-surveys-find-191448" target="_blank" rel="noopener">less religious</a> than before.</p> <p>Since the Islamic revolution there’s been a lot of research about how Iran could work as a <a href="https://www.routledge.com/Secularization-of-Islam-in-Post-Revolutionary-Iran/Pargoo/p/book/9780367654672" target="_blank" rel="noopener">secular</a> society and about religious <a href="https://brill.com/view/book/9789047400714/B9789047400714_s006.xml" target="_blank" rel="noopener">tolerance</a>.</p> <p>The current protest movement, led mainly by <a href="https://www.mei.edu/publications/irans-rising-generation-z-forefront-protests" target="_blank" rel="noopener">Gen Z in Iran</a>, is growing partly because of its use of the internet and social media to communicate and share information. People can also learn from other nations’ experiences of secularism through social media. This is why the regime is <a href="https://www.theguardian.com/science/audio/2022/oct/06/why-is-the-government-in-iran-shutting-down-the-internet-podcast" target="_blank" rel="noopener">shutting down</a> the internet and censoring YouTube, Instagram and Twitter.</p> <p><a href="https://gamaan.org/wp-content/uploads/2022/03/GAMAAN-Political-Systems-Survey-2022-English-Final.pdf" target="_blank" rel="noopener">One poll</a> suggests that more than 60% of Iranians now want a non-religious state, the question is whether those in power are willing to give it to them.</p> <p><strong>This article originally appeared on <a href="https://theconversation.com/iran-protesters-call-for-move-to-a-non-religious-state-what-changes-would-that-bring-193198" target="_blank" rel="noopener">The Conversation</a>.</strong></p> <p><em>Image: Sky News</em></p>

Legal

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"Am I the only one?" Magda reveals the alarming state of her health

<p>Magda Szubanski has shared the details of her various health conditions, revealing she has battled several illnesses throughout her life.</p> <p>The actress and comedian, 61, listed her various health woes in an interview with <a href="https://www.nowtolove.com.au/tvweek" target="_blank" rel="nofollow noreferrer noopener">TV Week</a> magazine, and said she wondered if there were others with similar problems.</p> <p>"There are times in my life I've been absolutely blighted by illness," she said.</p> <p>"Osteoarthritis, migraines, anxiety - I also suffer from sleep apnoea - and that leads me to ask, 'Am I the only one who feels like this? Are other people feeling the same way? Do they have the same challenges?'" she added.</p> <p>The frank admission comes just days after Magda called for <a href="https://www.oversixty.co.nz/health/body/magda-szubanski-calls-for-fat-people-to-be-protected-from-online-hate-speech" target="_blank" rel="noopener">vilification rules</a> to be put in place for "fat people" online, only to be blasted by her following. </p> <p>The comedian shared the controversial tweet in which she wondered why "fat" people are not "protected" from hate speech online. </p> <p>She wrote, "It's interesting to me that you are banned from attacking just about every identity on Twitter except being fat. Why are we not protected from vilification?"</p> <p>Szubanski was then blasted by several heartless online users, as she received comments such as, "Have another Snickers bar. Sounds like your blood sugar is low," and "Lose some weight then."</p> <p><em>Image credits: Getty Images</em></p>

Body

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State-run German museums disclose works acquired during Nazi era

<p dir="ltr">A Munich-based foundation that oversees the art collections of museums located throughout the titular German state is set to publicly disclose the origins of over 1,000 works acquired during the Nazi rule.</p> <p dir="ltr">The Bavarian State Painting Collections is launching an extensive database that includes information regarding over 1,200 paintings that researchers have found were acquired during the National Socialist period, or had ownership links to Nazi officials.</p> <p dir="ltr">There are a series of artworks that were given to museums and galleries during this time that are often subject to legal claims from descendants of persecuted Jewish families.</p> <p dir="ltr">Operating since 1999, a specialised unit dedicated to origin research has been reviewing all the ownership records of each and every artwork in the Bavarian State Paintings Collections that were created before 1945, and have been acquired since 1933. </p> <p dir="ltr">Throughout the database notes, a statement will accompany each artwork to alert people of its proper origins. </p> <p dir="ltr">This protocol is in keeping with the 1998 Washington Principles and the 1999 Joint Declaration of the Federal Government, both of which mounted calls for greater transparency surrounding the provenances of artworks believed to be subject to restitution claims.</p> <p dir="ltr">Other initiatives have been put into practice around the world, with <a href="https://oversixty.com.au/entertainment/art/new-york-museums-now-required-to-acknowledge-art-stolen-under-nazi-rule">museums and galleries in New York</a> now now legally required to acknowledge art stolen under the Nazi regime. </p> <p dir="ltr">The new state law requires New York museums to display signage alongside works of art from before 1945 that are known to have been stolen or forcibly sold during the Nazi rule.</p> <p dir="ltr">According to legislation and expert testimony, the Germans looted 600,000 works of art during World War II. </p> <p dir="ltr"><em>Image credits: Getty Images</em></p>

Art

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Judith Durham farewelled at state memorial

<p dir="ltr">Judith Durham, the lead singer of The Seekers, has been farewelled at a state memorial with tributes from her bandmates, family, and fellow musicians, as well as the performance of an unreleased song featuring her vocals.</p> <p dir="ltr">The memorial was held on September 6,  just over a month after Durham passed away at the age of 79 following complications from chronic lung disease.</p> <p dir="ltr">Band member Athol Guy unveiled the song, <em>Carry Me</em>, which was written by fellow Seekers member Bruce Woodley, during Tuesday night’s service to honour Durham.</p> <p dir="ltr">"This song is now our collective gift to share with you tonight as we celebrate Judith's magnificent gifts to us all," Guy said.</p> <p dir="ltr">"May it carry her safely on the rest of her journey."</p> <p dir="ltr">He said the song was written for someone needing inner peace.</p> <p dir="ltr">“That’s probably the space that a lot of us are in as we’re here tonight.”</p> <p dir="ltr">Other musical tributes, mainly hits from The Seekers, came from Durham’s sister Beverley Sheehan, The Wiggles, Dami Im, Vika and Linda Bull, David Campbell, and Deborah Cheetham.</p> <p dir="ltr">The <em>Georgy Girl</em> singer’s nephew, Tony Sheehan, spoke on behalf of the family at the service, saying that Durham’s mother had wished her daughters would not be tone deaf.</p> <p dir="ltr">“She got her wish,” he said to laughter from the audience.</p> <p dir="ltr">Sheehan said his aunt was always destined to be a musician, having told her sister as a child “that one day, she’d sing on all the stages of the world”.</p> <p dir="ltr">He went on to describe her as a deeply generous and optimistic person, even when faced with death.</p> <p dir="ltr">“Judith faced death as she faced everything: with calm and strength,” Sheehan said.</p> <p dir="ltr">“We will miss you but we are so proud of you.”</p> <p dir="ltr">Durham’s sister and fellow singer Beverley recalled their love of music that had been shared since childhood.</p> <p dir="ltr">“We'd [sing together] early in the morning and my father would have to come in and say: 'that's enough, your mother can't sleep'," she said.</p> <p dir="ltr">She went on to perform <em>The Jelly Bean Blues</em>, accompanied by jazz band The Syncopators.</p> <p dir="ltr">"This perhaps could be the hardest thing I've ever had to do," she said.</p> <p dir="ltr">Guy, Woodley, and fellow The Seekers bandmate Keith Protger each took to the stage to share their admiration for Durham.</p> <p dir="ltr">"It's a real surreal experience for me, standing on this Hamer Hall stage without Judith," said Potger.</p> <p dir="ltr">"We shared triumphs and adventures on this very platform.</p> <p dir="ltr">"You're not really gone, because your picture is on my wall and your boundless spirit and love will be in my heart forever."</p> <p dir="ltr">Woodley praised Durham for her “bravery and single-mindedness” as she continued to perform even while battling serious lung disease.</p> <p dir="ltr">“Her bravery and single-mindedness in overcoming the enormous physical obstacles that life threw at her has always been an inspiration to me," he said.</p> <p dir="ltr">"Quite often, the boys and I would hear her in her dressing room coughing her heart out a few minutes before a show and thinking to ourselves, 'there's no way she's going to sing tonight'.</p> <p dir="ltr">"Wrong."</p> <p dir="ltr">Guy said the band hoped to celebrate their 60th anniversary at Hamer Hall as initially planned, before introducing Carry Me.</p> <p dir="ltr">"Here's our last song together," he said. </p> <p><span id="docs-internal-guid-42a39685-7fff-0ea4-cfac-ea20dda92d3d"></span></p> <p dir="ltr"><em>Images: Judith Durham Official (Facebook), Victorian Government</em></p>

Music

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United States returns stolen artefacts to Cambodia

<p dir="ltr">The United States have given back 30 artefacts that were allegedly stolen by a late antiquities dealer, who had been accused of leading a trafficking network that resold objects that were looted from the country.</p> <p dir="ltr">Among the objects that were officially returned to the country was a 10th-century sculpture of the Hindu god Skanda atop a peacock. </p> <p dir="ltr">Deeming the work a “masterpiece,” authorities in New York alleged that the late antiquities dealer Douglas Latchford had stolen the sculpture in 1997 and subsequently sold it for $1.5 million.</p> <p dir="ltr">The Skanda sculpture had come from the ancient Khmer capital of Koh Ker, which is also where a 10th-century sculpture of Ganesha that allegedly passed through Latchford’s hands was once located. </p> <p dir="ltr">The Ganesha sculpture was also given back to Cambodia, along with several other artefacts.</p> <p dir="ltr">While the US District Attorney’s office did not place a monetary value on the artefacts, the works returned were of great spiritual and artistic significance. </p> <p dir="ltr">Ricky J. Patel, a special agent with Homeland Security, said in a statement, “These antiquities we returned were ripped from their country. Beyond their extraordinary beauty and craftsmanship, many are sacred artefacts pried from temples and palaces to be smuggled across borders and peddled by those seeking profit, without any regard to the intangible value they have to the people of their homeland.”</p> <p dir="ltr">The artefacts are due to go on display in a museum in Cambodia later this year. </p> <p dir="ltr"><em>Image credits: Getty Images</em></p>

Art

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Flow state, exercise and healthy ageing: 5 unexpected benefits of singing

<p>Singing with others feels amazing. Group singing <a href="https://www.nature.com/articles/s41599-020-00549-0">promotes social bonding</a> and has been <a href="https://journals.sagepub.com/doi/10.1177/03057356211042668">shown to</a> raise oxytocin (the “bonding hormone”) and decrease cortisol (the “stress hormone”).</p> <p>But it’s not just about singing in groups. There are many unexpected ways singing is good for you, even if you’re on your own.</p> <p>Singing is a free and accessible activity which can help us live happier, healthier and more fulfilling lives.</p> <p>And before you protest you are “<a href="https://doi.org/10.1196/annals.1360.018">tone deaf</a>” and “can’t sing”, research shows <a href="https://doi.org/10.1177/0022429420951630">most people</a> can sing accurately in tune, so let’s warm up those voices and get singing.</p> <h2>1. Singing gets you in the zone</h2> <p>If you’ve ever lost track of time while doing something slightly challenging but enjoyable, you’ve likely experienced <a href="https://www.headspace.com/articles/flow-state">the flow state</a>. Some people refer to this feeling as being “in the zone”.</p> <p>According to <a href="https://positivepsychology.com/perma-model/">positive psychology</a>, flow, or deep engagement in a task, is considered one of the key elements of well-being.</p> <p>Research has shown singing can induce the flow state in <a href="https://journals.sagepub.com/doi/10.1177/0305735619899137">expert singers</a> and <a href="https://www.frontiersin.org/articles/10.3389/fnhum.2015.00518/full">group singing</a>.</p> <p>One way to get into this flow state is through improvisation.</p> <p>Try your hand at some <a href="https://psyche.co/ideas/the-jazz-singers-mind-shows-us-how-to-improvise-through-life-itself">vocal improvisation</a> by picking one phrase in a song you know well and playing around with it. You can improvise by slightly changing the melody, rhythm, even the lyrics.</p> <p>You may well find yourself lost in your task – if you don’t realise this until afterwards, it is a sign you’ve been in flow.</p> <h2>2. Singing gets you in touch with your body</h2> <p>Singers make music with the body. Unlike instrumentalists, singers have no buttons to push, no keys to press and no strings to pluck.</p> <p>Singing is a deeply <a href="https://doi.org/10.1177/10298649211062730">embodied activity</a>: it reminds us to get in touch with our whole selves. When you’re feeling stuck in your head, try singing your favourite song to reconnect with your body.</p> <p>Focus on your breathing and the physical sensations you can feel in your throat and chest.</p> <p>Singing is also a great way to raise your awareness of any physical tensions you may be holding in your body, and there is increasing interest in the intersection between <a href="https://journals.sagepub.com/doi/full/10.1177/0305735617729452">singing and mindfulness</a>.</p> <h2>3. Singing as exercise</h2> <p>We often forget singing is a fundamentally physical task which most of us can do reasonably well.</p> <p>When we sing, we are making music with the larynx, the vocal tract and other articulators (including your tongue, lips, soft and hard palates and teeth) and the respiratory system.</p> <p>Just as we might jog to improve our cardiovascular fitness, we can exercise the voice to improve our singing. <a href="http://thevoiceworkshop.com/somatic-voicework/">Functional voice training</a> helps singers understand and use their voice according to optimal physical function.</p> <p>Singing is increasingly being used to help improve <a href="https://www.jvoice.org/article/S0892-1997(16)30442-8/fulltext">respiratory health</a> for a wide range of health conditions, including those with chronic obstructive pulmonary disease, Parkinson’s, asthma and cancer.</p> <p>Because singing provides such a great workout for the respiratory system, it is even being used <a href="https://www.eno.org/eno-breathe/about-the-eno-breathe-programme/">to help people</a> suffering from long COVID.</p> <h2>4. Singing builds psychological resources</h2> <p>Group singing can help combat social isolation and <a href="https://journals.sagepub.com/doi/10.1177/0733464815577141">create new social connections</a>, help people <a href="http://journals.sagepub.com/doi/10.1177/0305735620944230">cope with caring burdens</a> and <a href="https://doi.org/10.1080/17533015.2019.1624584">enhance mental health</a>.</p> <p>Studies show these psychological benefits flow because group singing promotes new social identities.</p> <p>When we sing with others we identify with, we build inner resources like belonging, meaning and purpose, social support, efficacy and agency.</p> <h2>5. Singing for “super-ageing”</h2> <p>“<a href="https://ana-neurosurgery.com/want-to-be-a-superager/">Super-agers</a>” are people around retirement age and older whose cognitive abilities (such as memory and attention span) <a href="https://www.jneurosci.org/content/36/37/9659">remain youthful</a>.</p> <p>Research conducted by distinguished psychologist and neuroscientist Lisa Feldman Barrett and her lab suggest the best-known way to become a superager is <a href="https://www.nytimes.com/2016/12/31/opinion/sunday/how-to-become-a-superager.html?referringSource=articleShare">to work hard at something</a>.</p> <p>Singing requires the complex coordination of various physical components — and that’s just to make a sound! The artistic dimension of singing includes memorisation and interpretation of lyrics and melodies, understanding and being able to hear the underlying musical harmony, sensing rhythm and much more.</p> <p>These characteristics of singing make it an ideal candidate as a super-ageing activity.</p> <p><em>Image credits: Getty Images</em></p> <p><em>This article originally appeared on <a href="https://theconversation.com/flow-state-exercise-and-healthy-ageing-5-unexpected-benefits-of-singing-180415" target="_blank" rel="noopener">The Conversation</a>. </em></p>

Music

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‘Patently ridiculous’: State government failures have exacerbated Sydney’s flood disaster

<p>For the fourth time in 18 months, floodwaters have inundated homes and businesses in Western Sydney’s Hawkesbury-Nepean Valley. Recent torrential rain is obviously the immediate cause. But poor decisions by successive New South Wales governments have exacerbated the damage.</p> <p>The town of Windsor, in the Hawkesbury region, has suffered a particularly high toll, with dramatic flood heights of 9.3 metres in February 2020, 12.9m in March 2021 and 13.7m in March this year.</p> <p>As I write, flood heights at Windsor have reached nearly 14m. This is still considerably lower than the monster flood of 1867, which reached almost 20m. It’s clear that standard flood risk reduction measures, such as raising building floor levels, are not safe enough in this valley.</p> <p>We’ve known about the risk of floods to the region for a long time. Yet successive state governments have failed to properly mitigate its impact. Indeed, recent urban development policies by the current NSW government will multiply the risk.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">BBC weather putting Sydney’s downpour into context.<br />More rain there in 4 days than London gets in a year. <a href="https://t.co/FDkBCYGlK7">pic.twitter.com/FDkBCYGlK7</a></p> <p>— Brett Mcleod (@Brett_McLeod) <a href="https://twitter.com/Brett_McLeod/status/1544071890431623169?ref_src=twsrc%5Etfw">July 4, 2022</a></p></blockquote> <p><strong>We knew this was coming</strong></p> <p>A 22,000 square kilometre catchment covering the Blue Mountains and Western Sydney drains into the Hawkesbury-Nepean river system. The system faces an <a href="https://theconversation.com/sydneys-disastrous-flood-wasnt-unprecedented-were-about-to-enter-a-50-year-period-of-frequent-major-floods-158427" target="_blank" rel="noopener">extreme flood risk</a> because gorges restrict the river’s seaward flow, often causing water to rapidly fill up the valley after heavy rain.</p> <p>Governments have known about the flood risks in the valley for more than two centuries. Traditional Owners have known about them for millennia. In 1817, Governor Macquarie lamented:</p> <blockquote> <p>it is impossible not to feel extremely displeased and Indignant at [colonists] Infatuated Obstinacy in persisting to Continue to reside with their Families, Flocks, Herds, and Grain on those Spots Subject to the Floods, and from whence they have often had their prosperity swept away.</p> </blockquote> <p>Macquarie’s was the first in a long line of governments to do nothing effective to reduce the risk. The latest in this undistinguished chain is the NSW Planning Minister Anthony Roberts.</p> <p>In March, Roberts <a href="https://www.smh.com.au/national/nsw/nsw-planning-minister-scraps-order-to-consider-flood-fire-risks-before-building-20220321-p5a6kc.html" target="_blank" rel="noopener">reportedly revoked</a> his predecessor’s directive to better consider flood and other climate risks in planning decisions, to instead favour housing development.</p> <p>Roberts’ predecessor, Rob Stokes, had required that the Department of Planning, local governments and developers consult Traditional Owners, manage risks from climate change, and make information public on the risks of natural disasters. This could have helped limit development on floodplains.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Michael Greenway knows that as soon as he sees floodwater, it’s time to get the three boxes of family photos and move to higher ground. He’s lived in his Richards home for years and has experienced six floods - three of which have been this year <a href="https://t.co/t8Tgckc5lx">https://t.co/t8Tgckc5lx</a> <a href="https://twitter.com/hashtag/NSWFloods?src=hash&amp;ref_src=twsrc%5Etfw">#NSWFloods</a> <a href="https://t.co/ErN6sf6hBn">pic.twitter.com/ErN6sf6hBn</a></p> <p>— Laura Chung (@Laura_R_Chung) <a href="https://twitter.com/Laura_R_Chung/status/1543890156675276800?ref_src=twsrc%5Etfw">July 4, 2022</a></p></blockquote> <p><strong>Why are we still building there?</strong></p> <p>The Hawkesbury-Nepean Valley is currently home to 134,000 people, a population <a href="https://www.infrastructure.nsw.gov.au/expert-advice/hawkesbury-nepean-flood-risk-management-strategy/" target="_blank" rel="noopener">projected to</a> double by 2050.</p> <p>The potential <a href="https://theconversation.com/to-stop-risky-developments-in-floodplains-we-have-to-tackle-the-profit-motive-and-our-false-sense-of-security-184062?utm_source=twitter&amp;utm_medium=bylinetwitterbutton" target="_blank" rel="noopener">economic returns</a> from property development are a key driver of the <a href="http://www.jstor.org/stable/26393302" target="_blank" rel="noopener">lack of effective action</a> to reduce flood risk.</p> <p>In the valley, for example, billionaire Kerry Stokes’ company Seven Group is <a href="https://www.smh.com.au/national/how-raising-the-warragamba-dam-wall-could-be-a-win-for-billionaire-kerry-stokes-20220222-p59yke.html" target="_blank" rel="noopener">reportedly a part owner</a> of almost 2,000 hectares at Penrith Lakes by the Nepean River, where a 5,000-home development has been mooted.</p> <p>Planning in Australia often uses the 1-in-100-year flood return interval as a safety standard. <a href="https://nccarf.edu.au/living-floods-key-lessons-australia-and-abroad/" target="_blank" rel="noopener">This is not appropriate</a>. Flood risk in the valley is increasing with climate change, and development in the catchment increases the speed of runoff from paved surfaces.</p> <p>The historical 1-in-100 year safety standard is particularly inappropriate in the valley, because of the extreme risk of rising water cutting off low-lying roads and completely submerging residents cut-off in extreme floods.</p> <p>What’s more, a “medium” climate change scenario will see a <a href="https://www.infrastructure.nsw.gov.au/expert-advice/hawkesbury-nepean-flood-risk-management-strategy/resources/publications-and-resources/" target="_blank" rel="noopener">14.6% increase</a> in rainfall by 2090 west of Sydney. This is projected to increase the 1-in-100 year flood height at Windsor from 17.3m to 18.4m.</p> <p>The NSW government should impose a much higher standard of flood safety before approving new residential development. In my view, it would be prudent to only allow development that could withstand the 20m height of the 1867 flood.</p> <p><strong>No dam can control the biggest floods</strong></p> <p>The NSW government’s primary proposal to reduce flood risk is to <a href="https://www.infrastructure.nsw.gov.au/expert-advice/hawkesbury-nepean-flood-risk-management-strategy/" target="_blank" rel="noopener">raise Warragamba Dam</a> by 14m.</p> <p>There are many reasons this <a href="https://www.giveadam.org.au/" target="_blank" rel="noopener">proposal should be questioned</a>. They include the potential inundation not just of <a href="https://www.smh.com.au/national/traditional-owners-launch-federal-bid-to-stop-raising-of-warragamba-dam-wall-20210128-p56xkt.html" target="_blank" rel="noopener">cultural sites</a> of the Gundungarra nation, but threatened species populations, and part of the Blue Mountains World Heritage Area.</p> <p>The <a href="https://www.infrastructure.nsw.gov.au/media/2855/infrastructure-nsw-resilient-valley-resilient-communities-2017-jan.pdf" target="_blank" rel="noopener">cost-benefit analysis</a> used to justify the proposal <a href="https://www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-submission-details.aspx?pk=65507" target="_blank" rel="noopener">did not count</a> these costs, nor the benefits of alternative measures such as upgrading escape roads.</p> <p>Perversely, flood control dams and levee banks often result in higher flood risks. That’s because none of these structures stop the biggest floods, and they provide an illusion of safety that justifies more risky floodplain development.</p> <p>The current NSW transport minister <a href="https://www.smh.com.au/national/nsw/emergency-minister-says-raising-dam-wall-could-lead-to-more-development-on-floodplain-20210329-p57evo.html" target="_blank" rel="noopener">suggested such development</a> in the valley last year. Similar development occurred with the construction of the Wivenhoe Dam in 1984, which hasn’t prevented extensive flooding in <a href="http://www.jstor.org/stable/26393302" target="_blank" rel="noopener">Brisbane</a> in 2011 and 2022.</p> <p>These are among the reasons the NSW Parliament Select Committee on the Proposal to Raise the Warragamba Dam Wall <a href="https://www.parliament.nsw.gov.au/committees/listofcommittees/Pages/committee-details.aspx?pk=262#tab-reportsandgovernmentresponses" target="_blank" rel="noopener">recommended</a> last October that the state government:</p> <blockquote> <p>not proceed with the Warragamba Dam wall raising project [and] pursue alternative floodplain management strategies instead.</p> </blockquote> <p><strong>What the government should do instead</strong></p> <p>The NSW government now has an opportunity to overcome two centuries of failed governance.</p> <p>It could take substantial measures to keep homes off the floodplain and out of harm’s way. We need major <a href="https://www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-submission-details.aspx?pk=65507" target="_blank" rel="noopener">new measures</a> including:</p> <ul> <li>preventing new development</li> <li>relocating flood prone residents</li> <li>building better evacuation roads</li> <li>lowering the water storage level behind Warragamba Dam.</li> </ul> <p>The NSW government should help residents to relocate from the most flood-prone places and restore floodplains. This has been undertaken for many Australian towns and cities, such as <a href="https://www.sciencedirect.com/science/article/pii/S2212420914000028" target="_blank" rel="noopener">Grantham</a>, Brisbane, and <a href="https://nccarf.edu.au/living-floods-key-lessons-australia-and-abroad" target="_blank" rel="noopener">along major rivers worldwide</a>.</p> <p><a href="https://www.mdpi.com/2073-4441/5/4/1580/htm#B10-water-05-01580" target="_blank" rel="noopener">Relocating residents isn’t easy</a>, and any current Australian buyback and relocation programs are voluntary.</p> <p>I think it’s in the public interest to go further and, for example, compulsorily acquire or relocate those with destroyed homes, rather than allowing them to rebuild in harm’s way. This approach offers certainty for flood-hit people and lowers community impacts in the longer term.</p> <p>It is patently ridiculous to rebuild on sites that have been flooded multiple times in two years.</p> <p>In the case of the Hawkesbury-Nepean Valley, there are at least <a href="https://www.theaustralian.com.au/nation/politics/federal-government-insurers-stop-housing-in-floodrisk-zones/news-story/cba71269eff2b0ea00d93445ff0e9f73" target="_blank" rel="noopener">5,000 homes</a> below the 1-in-100-year flood return interval. This includes roughly <a href="https://www.hawkesburygazette.com.au/story/7657492/near-1000-flood-related-home-insurance-claims-already-in-hawkesbury/" target="_blank" rel="noopener">1,000 homes flooded</a> in March.</p> <p>The NSW government says a buyback program would be <a href="https://www.smh.com.au/politics/nsw/farcical-minister-shoots-down-flood-relocation-says-residents-know-the-risks-20220308-p5a2qg.html" target="_blank" rel="noopener">too expensive</a>. Yet, the cost would be comparable to the roughly $2 billion needed to raise Warragamba Dam, or the government’s $5 billion WestInvest fund.</p> <p>An alternative measure to raising the dam is to lower the water storage level in Warragamba Dam by 12m. This would reduce the amount of drinking water stored to supply Sydney, and would provide some flood control space.</p> <p>The city’s water supply would then need to rely more on the existing desalination plant, a <a href="http://www.sciencedirect.com/science/article/pii/S1364032116001817" target="_blank" rel="noopener">strategy assessed as cost effective</a> and with the added benefit of bolstering drought resilience.</p> <p>The flood damage seen in NSW this week was entirely predictable. Measures that could significantly lower flood risk are expensive and politically hard. But as flood risks worsen with climate change, they’re well worth it.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/186304/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /></p> <p><em><a href="https://theconversation.com/profiles/jamie-pittock-7562" target="_blank" rel="noopener">Jamie Pittock</a>, Professor, Fenner School of Environment &amp; Society, <a href="https://theconversation.com/institutions/australian-national-university-877" target="_blank" rel="noopener">Australian National University</a></em></p> <p><em>This article is republished from <a href="https://theconversation.com" target="_blank" rel="noopener">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/patently-ridiculous-state-government-failures-have-exacerbated-sydneys-flood-disaster-186304" target="_blank" rel="noopener">original article</a>.</em></p>

Legal

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US Senate to vote on abortion rights bill – but what would it mean to codify Roe into law?

<p><em>The U.S. Senate is <a href="https://www.npr.org/2022/05/11/1097980529/senate-to-vote-on-a-bill-that-codifies-abortion-protections-but-it-will-likely-f">expected to vote on May 11, 2022</a>, on a bill that would enshrine the right to an abortion into law.</em></p> <p><em>The Democrats’ bill, the <a href="https://www.congress.gov/bill/117th-congress/house-bill/3755/text">Women’s Health Protection Act</a>, isn’t expected to pass – a previous attempt was blocked by the Senate. But it reflects attempts by abortion rights advocates to find alternative ways to protect a woman’s right to the procedure following the publication of a <a href="https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473">leaked draft opinion</a> from Justice Samuel Alito indicating that a majority on the Supreme Court intend to overturn Roe v. Wade.</em></p> <p><em>But is enshrining abortion rights via legislation feasible? And why has it not been done before? The Conversation put these questions and others to <a href="https://www.bu.edu/law/profile/linda-c-mcclain/">Linda C. McClain</a>, an expert on civil rights law and feminist legal theory at Boston University School of Law.</em></p> <p><strong>What does it mean to ‘codify’ Roe v. Wade?</strong></p> <p>In simple terms, to <a href="https://www.law.cornell.edu/wex/codify#:%7E:text=To%20codify%20means%20to%20arrange,by%20subject%2C%20into%20a%20code.">codify something</a> means to enshrine a right or a rule into a formal systematic code. It could be done through an act of Congress in the form of a federal law. Similarly, state legislatures can codify rights by enacting laws. To codify Roe for all Americans, Congress would need to pass a law that would provide the <a href="https://www.nytimes.com/2022/05/03/us/what-is-roe-v-wade.html">same protections that Roe</a> did – so a law that states that women have a right to abortion without excessive government restrictions. It would be binding for all states.</p> <p>But here’s the twist: Despite some politicians saying that they want to “codify Roe,” Congress isn’t looking to enshrine Roe in law. That’s because <a href="https://www.oyez.org/cases/1971/70-18">Roe v. Wade</a> hasn’t been in place since 1992. The Supreme Court’s <a href="https://www.oyez.org/cases/1991/91-744">Planned Parenthood. v. Casey</a> ruling affirmed it, but also modified it in significant ways.</p> <p>In Casey, the court upheld Roe’s holding that a woman has the right to choose to terminate a pregnancy up to the point of fetal viability and that states could restrict abortion after that point, subject to exceptions to protect the life or health of the pregnant woman. But the Casey court concluded that Roe too severely limited state regulation prior to fetal viability and held that states could impose restrictions on abortion throughout pregnancy to protect potential life as well as to protect maternal health – including during the first trimester.</p> <p>Casey also introduced the “<a href="https://reproductiverights.org/wp-content/uploads/2020/12/WWH-Undue-Burden-Report-07262018-Edit.pdf">undue burden” test</a>, which prevented states from imposing restrictions that had the purpose or effect of placing unnecessary barriers on women seeking to end a pregnancy prior to viability of the fetus.</p> <p><strong>What is the Women’s Health Protection Act?</strong></p> <p>Current efforts to pass federal legislation protecting the right to abortion center on the proposed <a href="https://www.congress.gov/bill/117th-congress/house-bill/3755/text">Women’s Health Protection Act</a>, introduced in Congress by Rep. Judy Chu and sponsored in the Senate by Sen. Richard Blumenthal in 2021. It was passed in the House, but was <a href="https://time.com/6152473/abortion-roe-v-wade-democrats/">blocked in the Senate</a>. Democrats put the bill forward for a procedural vote again after Alito’s draft opinion was made public. Supporters of the bill are still expected to fall short of the votes they need. Rather, the vote is being used, in the <a href="https://www.npr.org/2022/05/10/1097820801/senate-democrats-plan-a-vote-on-abortion-rights-but-its-unlikely-to-pass">words of Democratic Sen. Amy Klobuchar</a>, “to show where everyone stands” on the issue.</p> <p>The legislation would build on the undue burden principle in Casey by seeking to prevent states from imposing unfair restrictions on abortion providers, such as insisting a <a href="https://www.vice.com/en/article/vbnqw4/abortion-clinics-are-closing-because-their-doorways-arent-big-enough">clinic’s doorway is wide enough</a> for surgical gurneys to pass through, or that <a href="https://www.guttmacher.org/state-policy/explore/targeted-regulation-abortion-providers">abortion practitioners need to have admitting privileges</a> at nearby hospitals.</p> <p>The Women’s Health Protection Act uses the language of the Casey ruling in saying that these so-called TRAP (Targeted Regulation of Abortion Providers) laws place an “undue burden” on people seeking an abortion. It also appeals to Casey’s recognition that “the ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives.”</p> <p><strong>Has the right to abortion ever been guaranteed by federal legislation?</strong></p> <p>You have to remember that Roe was very controversial from the outset. At the time of the ruling in 1973, most states had restrictive abortion laws. Up to the late 1960s, a <a href="https://www.nytimes.com/1973/01/28/archives/gallup-poll-finds-public-divided-on-abortions-in-first-3-months.html">majority of Americans opposed abortion</a>. A poll at the time of Roe found the public evenly split over legalization.</p> <p>To pass legislation you have to go through the democratic process. But if the democratic process is hostile to what you are hoping to push through, you are going to run into difficulties.</p> <p>Under the U.S. system, certain liberties are seen as so fundamental that protecting them should not be left to the whims of changing democratic majorities. Consider something like interracial marriage. Before the Supreme Court ruled in <a href="https://www.oyez.org/cases/1966/395">Loving v. Virginia State</a> that banning interracial marriages was unconstitutional, a number of states still banned such unions.</p> <p>Why couldn’t they pass a law in Congress protecting the right to marry? It would have been difficult because at the time, the <a href="https://news.gallup.com/poll/163697/approve-marriage-blacks-whites.aspx">majority of people were against</a> the idea of interracial marriage.</p> <p>When you don’t have sufficient public support for something – particularly if it is unpopular or affects a non-majority group – appealing to the Constitution seems to be the better way to protect a right.</p> <p>That doesn’t mean you can’t also protect that right through a statute, just that it is harder. Also, there is no guarantee that legislation passed by any one Congress isn’t then repealed by lawmakers later on.</p> <p><strong>So generally, rights have more enduring protection if the Supreme Court rules on them?</strong></p> <p>The <a href="https://www.supremecourt.gov/about/constitutional.aspx">Supreme Court has the final word</a> on what is and isn’t protected by the Constitution. In the past, it has been seen as sufficient to protect a constitutional right to get a ruling from the justices recognizing that right.</p> <p>But this leaked opinion also points out that one limit of that protection is that the Supreme Court may overrule its own precedents.</p> <p>Historically, it is unusual for the Supreme Court to take a right away. Yes, they said the <a href="https://www.oyez.org/cases/1850-1900/163us537">Plessy v. Ferguson ruling</a> – which set up the legal basis for separate-but-equal – was wrong, and overruled it in <a href="https://www.oyez.org/cases/1940-1955/347us483">Brown v. Board of Education</a>. But Brown recognized rights; it didn’t take rights away.</p> <p>If Alito’s draft ruling is to be the final word, the Supreme Court will be taking away a right that has been in place since 1973. For what I believe is the first time since the end of the Lochner era, the Supreme Court would be overriding precedent to take away a constitutional right from Americans. While Justice Alito notes that, in 1937, the Court overruled “an entire line” of cases protecting “an individual liberty right against federal health and welfare legislation,” that “right” to economic liberty and freedom of contract was as much one of businesses as much as for individuals. The Court has not overruled of the long line of cases (in which Roe and Casey fit) protecting “liberty” in making significant decisions about intimacy, sexuality, family, marriage, and reproduction.</p> <p>Moreover, the leaked opinion is dismissive of the idea that women have to rely on constitutional protection. “Women are not without electoral or political power,” <a href="https://www.politico.com/news/2022/05/02/read-justice-alito-initial-abortion-opinion-overturn-roe-v-wade-pdf-00029504">Alito writes</a>, adding: “The percentage of women who register to vote and cast ballots is consistently higher than the percentage of men who do so.”</p> <p>But this ignores the fact that women <a href="https://www.nbcnews.com/think/opinion/roe-v-wade-overturned-supreme-court-abortion-draft-alitos-legal-analys-rcna27205">rarely make up close to half</a> of the members of most state legislative bodies.</p> <p><strong>So are the promises to get Congress to protect abortion rights realistic?</strong></p> <p>Republicans in the Senate successfully blocked the proposed Women’s Health Protection Act. And unless things change dramatically in Congress, there isn’t much chance of the bill becoming law.</p> <p>There has been talk of trying to <a href="https://www.reuters.com/legal/government/us-supreme-court-abortion-move-sparks-calls-ending-senates-filibuster-2022-05-04/">end the filibuster rule</a>, which requires 60 votes in the Senate to pass legislation. But even then, the 50 votes that would be needed might not be there.</p> <p>What we don’t know is how this Supreme Court leak will affect the calculus. Maybe some Republican senators will see that the writing is on the wall and vote with Democrats. Republican senators Susan Collins and Lisa Murkowski <a href="https://www.collins.senate.gov/newsroom/senators-collins-and-murkowski-introduce-bill-to-codify-supreme-court-decisions-on-reproductive-rights_roe-v-wade-and-planned-parenthood-v-casey">introduced legislation</a> earlier this year that would codify Roe in law, but isn’t as expansive as the Women’s Health Protection Act. Senator Collins has <a href="https://www.washingtonpost.com/politics/2022/05/05/sen-collins-voices-opposition-legislation-that-would-create-statutory-right-abortion/">recently indicated</a> that she will not support the Act out of concern for religious liberty of anti-abortion health providers.</p> <p>And then we have the midterm elections in November, which might shake up who’s in Congress. If the Democrats lose the House or fail to pick up seats in the Senate, the chances of pushing through any legislation protecting abortion rights would appear very slim. Democrats will be hoping that the Supreme Court ruling will mobilize pro-abortion rights voters.</p> <p><strong>What is going on at a state level?</strong></p> <p>Liberal states like Massachusetts have <a href="https://www.boston.com/news/policy/2020/12/29/massachusetts-senate-override-abortion-access/">passed laws that codify Roe v. Wade</a>. Now that the Supreme Court’s apparent intentions are known, expect similar moves elsewhere. Massachusetts and other states are looking to go a step further by <a href="https://www.npr.org/2022/05/01/1095813226/connecticut-abortion-bill-roe-v-wade">protecting residents who help out-of-state women</a> seeking abortion. Such laws would seemingly counter moves by states like Missouri, which is seeking to <a href="https://www.latimes.com/opinion/story/2022-03-11/editorial-missouri-might-make-it-illegal-to-help-a-woman-get-an-abortion-elsewhere-thats-ridiculous">push through legislation that would criminalize helping women</a> who go out of state for abortions.</p> <p><strong>Wouldn’t any federal law just be challenged at the Supreme Court?</strong></p> <p>Should Congress be able to pass a law enshrining the right to abortion for all Americans, then surely some conservative states will seek to overturn the law, saying that the federal government is exceeding its authority.</p> <p>If it were to go up to the Supreme Court, then conservative justices would presumably look unfavorably on any attempt to limit individual states’ rights when it comes to abortion. Similarly, any attempt to put in place a federal law that would restrict abortion for all would seemingly conflict with the Supreme Court’s position that it should be left to the states to decide.</p> <p><em>This is an updated version of an article <a href="https://theconversation.com/what-would-it-mean-to-codify-roe-into-law-and-is-there-any-chance-of-that-happening-182406">originally published on May 5, 2022</a>.</em><!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/182908/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/linda-c-mcclain-1343287">Linda C. McClain</a>, Professor of Law, <a href="https://theconversation.com/institutions/boston-university-898">Boston University</a></em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/us-senate-to-vote-on-abortion-rights-bill-but-what-would-it-mean-to-codify-roe-into-law-182908">original article</a>.</em></p> <p><em>Image: Getty Images</em></p>

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Howzat! Tickets now up for grabs for Warnie's state funeral

<p dir="ltr">Over 50,000 people will be able to join Shane Warne’s family in farewelling the iconic cricketer at his state funeral - but those who miss out on the coveted tickets can still pay their respects.</p> <p dir="ltr">Victorian Premier Dan Andrews revealed that tickets for the service - due to be held at the Melbourne Cricket Ground on March 30 - will be free, with <a href="https://www.vic.gov.au/state-memorial-service-shane-warne" target="_blank" rel="noopener">online booking</a> starting at 3pm on Tuesday.</p> <p dir="ltr">The Premier took to Twitter to share new details about the service on Tuesday morning.</p> <p dir="ltr">“We’ve got some details locked in for Warnie’s memorial at the MCG,” Mr Andrews wrote.</p> <p><span id="docs-internal-guid-522f2a83-7fff-f767-0752-7da412dfb5f3"></span></p> <p dir="ltr">“And don’t worry - if you can’t make it, the memorial will be livestreamed.”</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">We've got some details locked in for Warnie's memorial at the MCG.</p> <p>The service will begin at 7pm, 30 March.</p> <p>Free tickets will be available for booking from today at 3pm, at <a href="https://t.co/qXOL7WTyrk">https://t.co/qXOL7WTyrk</a></p> <p>And don't worry - if you can't make it, the memorial will be livestreamed.</p> <p>— Dan Andrews (@DanielAndrewsMP) <a href="https://twitter.com/DanielAndrewsMP/status/1505998214381850625?ref_src=twsrc%5Etfw">March 21, 2022</a></p></blockquote> <p dir="ltr">It is expected that at least 50,000 fans will be joining Warne’s family and friends, as well as dignitaries and invited guests at the MCG.</p> <p dir="ltr">These guests will include former and current cricketers, and Prime Minister Scott Morrison has confirmed he will be attending.</p> <p dir="ltr">Others including Coldplay frontman Chris Martin and UK pop star Ed Sheeran have also expressed their interest in being involved in the event, as reported by the <em><a href="https://www.dailymail.co.uk/sport/cricket/article-10637171/Shane-Warne-memorial-services-tickets-available-TODAY.html" target="_blank" rel="noopener">Daily Mail</a></em>, while Warne’s ex-fiancee Elizabeth Hurley is understood to be trying to make the service.</p> <p dir="ltr">Most of the tickets will be available for the Great Southern Stand, which will be renamed the Shane Warne Stand in tribute.</p> <p dir="ltr">The service is due to commence from 7pm, with attendees - who must be fully vaccinated - required to be seated by 6.45pm.</p> <p dir="ltr">Depending on demand, more tickets may become available.</p> <p dir="ltr">Members of the public can submit online tributes to the cricket icon until April 10, and the family has requested that donations be made to the Florey Institute of Neuroscience and Mental Health in lieu of flowers.</p> <p dir="ltr">Cricket grounds across Australia are also understood to be live streaming events paying tribute to Warne following his death on March 4.</p> <p dir="ltr">NSW Premier Dominic Perrottet said the final details for the event at the Sydney Cricket Ground are still being finalised, but that it would be run alongside the Melbourne event and would be unticketed with free entry.</p> <p dir="ltr">“We are working through that at the moment with (Venues NSW chairman) Tony Shepherd and the team at Cricket Australia,” Mr Perrottet said.</p> <p dir="ltr">“We want to run those events alongside each other. Obviously, we will live stream the memorial service in the MCG - that’s incredibly important.</p> <p dir="ltr">“I think it’s important that we provide the opportunity for people to come to the cricket ground and pay their respects to Shane and to his family and friends.”</p> <p dir="ltr">The SCG service will include live tributes to Warne - who holds the record for the most test wickets at the grounds - and footage of his achievements.</p> <p dir="ltr">Venue NSW chairman Tony Shepherd said Mr Perrottet, Sports Minister Stuart Ayres, and former Prime Minister John Howard were also invited to the SCG memorial.</p> <p dir="ltr">A spokesperson from Cricket Australia told the <em><a href="https://www.dailytelegraph.com.au/news/nsw/shane-warne-memorial-service-to-be-held-at-sydney-cricket-ground/news-story/5f3bc78ad88382c7ce3e0644b7ca1d4b" target="_blank" rel="noopener">Daily Telegraph</a></em> other cricket grounds were considering hosting services, including Adelaide Oval.</p> <p dir="ltr">“The SCG has expressed its intention to live stream Shane Warne’s memorial service and is of course welcome to do so,” they said.</p> <p dir="ltr">“Other grounds around Australia including Adelaide Oval are understood to be considering doing the same thing.”</p> <p dir="ltr"><span id="docs-internal-guid-143fa847-7fff-15e3-e397-b2438ff11eb5"></span></p> <p dir="ltr"><em>Image: Getty Images</em></p>

Caring

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New details revealed for Shane Warne's state funeral

<p dir="ltr">Tributes have continued to pour in for cricketing legend Shane Warne as details of his state funeral begin to emerge.</p> <p dir="ltr">Warne’s youngest daughter, Summer, took to Instagram to share a heartbreaking tribute to her last moments with her dad, prompting responses from his ex-wife Elizabeth Hurley.</p> <p dir="ltr">“Moments before the world took you away from me, we were jamming to <em>Summer of 69</em> and <em>I’ve Had The Time Of My Life</em>,” Summer wrote.</p> <p dir="ltr">“Talking about how much you loved that song and seeing your smile light up the whole room while we danced and couldn’t stop laughing at each other.</p> <p><span id="docs-internal-guid-ff384c9d-7fff-566b-2200-906531108bb7"></span></p> <p dir="ltr">“Little did I know it was the last time I would ever see you dad 💗.”</p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/CazatrEFGiU/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/CazatrEFGiU/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank" rel="noopener">A post shared by Summer Warne 💎 (@summerwarne)</a></p> </div> </blockquote> <p dir="ltr">Hurley responded to Summer’s post, writing: “I love you Summer. Your daddy worshipped you 💗.”</p> <p dir="ltr">Summer replied: “Love u so much.”</p> <p dir="ltr">Damien Hurley and Summer's brother Jackson also replied to her tribute with supportive messages.</p> <p dir="ltr">“I love you Summer, I’m always going to be here for you 💗,” her brother wrote.</p> <p dir="ltr">“I love you so much,” Damien commented.</p> <p dir="ltr">It is expected Warnie will be farewelled at the MCG on Wednesday March 30, with a private family ceremony expected to be held at the end of next week.</p> <p dir="ltr">Though detailed discussions have been held with the Melbourne Cricket Club, all plans are on hold until the cricketer’s body is repatriated.</p> <p dir="ltr">As Thai authorities work through their official processes to release his remains, which they have fast-tracked, it is expected Warne’s body will be picked up on Wednesday.</p> <p dir="ltr">“The Department of Foreign Affairs and Trade (DFAT) is assisting the family of Shane Warne with the return of his body to Australia,” DFAT said in a statement.</p> <p dir="ltr">“Owing to the family’s request for privacy, we will not be providing further comment.”</p> <p dir="ltr">Though unauthorised to speak publicly, three sources with detailed knowledge of the plan for Warne’s memorial have confirmed that March 30 was the favoured date, per the <em><a href="https://www.dailytelegraph.com.au/sport/shane-warne-mcg-memorial-set-for-march-30-as-cricket-stars-body-flown-home-in-private-jet/news-story/643e8ba3fa19ca6038079bb9e28a8f2b?utm_source=DailyTelegraph&amp;utm_medium=email&amp;utm_campaign=Editorial&amp;utm_content=DT_PREM-AM_CUR_02&amp;net_sub_id=325889887&amp;type=free_text_block&amp;position=1&amp;overallPos=5" target="_blank" rel="noopener">Daily Telegraph</a></em>.</p> <p dir="ltr">Holding the service on March 29 was the subject of some discussions, but its clash with the federal budget would have prevented Prime Minister Scott Morrison and other senior Canberra figures from attending.</p> <p dir="ltr">Family plans are also unconfirmed, though the end of next week was the early favoured option.</p> <p dir="ltr">Eddie McGuire, who worked with Warne to create the Melbourne Stars, has been tipped to be the master of ceremonies at the state service, while a VIP guest list could include close friends of Warne such as singer Ed Sheeran.</p> <p dir="ltr">Sheeran spoke to Warne in the days leading up to his death where they mourned the anniversary of music promoter Michael Gudinski’s passing.</p> <p dir="ltr">“The world keeps taking incredible people away,” Sheeran said following Warne’s death.</p> <p dir="ltr">He was granted an exemption from Australia’s tough border rules to attend Gudinski’s funeral, and has a break between gigs in the UK in which he could potentially attend Warne’s service.</p> <p dir="ltr">However, a full list of speakers and confirmation of any musical acts is still to be confirmed.</p> <p dir="ltr"><span id="docs-internal-guid-001a662e-7fff-7c50-0b45-de370ee733f8"></span></p> <p dir="ltr"><em>Image: @ShaneWarne (Twitter)</em></p>

Caring

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Man slammed online after blaming wife for “embarrassing” state of house

<p><span style="font-weight: 400;">A man has been judged unworthy by the online community after complaining that his wife, a stay-at-home mother, didn’t clean the house well enough prior to the last-minute arrival of his guests.</span></p> <p><span style="font-weight: 400;">The 36-year-old <a rel="noopener" href="https://www.reddit.com/r/AmItheAsshole/comments/s25jy2/aita_for_telling_my_wife_that_it_was_embarrassing/" target="_blank">took to Reddit’s ‘AmIthe**hole’ section</a> to ask whether he was in the wrong for telling his wife their house was “embarrassing” after inviting guests over at short notice.</span></p> <p><span style="font-weight: 400;">To provide some context, the man wrote that he was the breadwinner of the family, while his wife stayed home and looked after their three children, all of whom are under ten.</span></p> <p><span style="font-weight: 400;">“My wife does her best to keep up with the cleaning and keeping the house tidy and I feel for her, I really do, so I told her she doesn’t have to clean up all the time since the kids are running up and down all day and making huge messes,” he wrote.</span></p> <p><span style="font-weight: 400;">He continued to say that the only caveat to their deal was that she had to ensure the house was clean when they had guests visiting, “and she agreed with me”.</span></p> <p><span style="font-weight: 400;">“Well, the other day I brought over some friends from work and when I opened the door all I could see was an utter mess, food and toys and clutter everywhere,” he recounted.</span></p> <p><span style="font-weight: 400;">“I was shocked, I was embarrassed and just mortified that my friends saw my home looking like this.</span></p> <p><span style="font-weight: 400;">“Also I have a couple of guys who came over for the first time so the first impression must’ve been horrible to them.”</span></p> <p><span style="font-weight: 400;">The man said he took his friends to the “least messy” part of the house, but they kept “making indirect comments about the state of the home” and giving him “weird looks” during their visit.</span></p> <p><span style="font-weight: 400;">“I was livid, I waited til they left then went into the bedroom to see that my wife was actually sleeping, I woke her up to ask why she didn’t tidy up the house knowing I was going to bring friends over,” he continued.</span></p> <p><span style="font-weight: 400;">“She said she didn’t know but I sent her a text letting her know and she said she didn’t see it. I told her it seemed like she did see the text but decided to ignore it? She said no but she wasn’t feeling well and had a headache so she thought of getting an hour-long nap.</span></p> <p><span style="font-weight: 400;">“I told her that it was so, so embarrassing that the house looked like this when my friends came over and that this was avoidable had she cleaned up and prepared the house for the guests.” </span></p> <p><span style="font-weight: 400;">His wife said the kids had caused the mess and that he should have double-checked with her about the guests visiting, which he said was blaming him for “her own actions (or lack of)”.</span></p> <p><span style="font-weight: 400;">He continued to say she was partly to blame for the house being “out of control” and in an “embarrassing” state.</span></p> <p><span style="font-weight: 400;">His wife then called him a “jerk” and left the room, and continued not to speak to him about the situation.</span></p> <p><span style="font-weight: 400;">Many users were quick to share their judgement that he was in the wrong for multiple reasons.</span></p> <p><span style="font-weight: 400;">However, moderators were forced to lock the thread after commentors violated Reddit’s ‘Be Civil’ clause.</span></p> <p><img style="width: 500px; height:84.13461538461539px;" src="https://oversixtydev.blob.core.windows.net/media/7846873/reddit.png" alt="" data-udi="umb://media/c14c1dfebd0c4645bb1dafc6f07f8400" /></p> <p><em><span style="font-weight: 400;">The Reddit thread was eventually locked to prevent more people from commenting after the site’s ‘Be Civil’ rule was violated multiple times.  Image: Reddit</span></em></p> <p><span style="font-weight: 400;">“You basically spring this upon her, didn’t check to see if she happened to see the one (1) text where you just casually decided to spontaneously bring home people </span><span style="font-weight: 400;">that day</span><span style="font-weight: 400;">, and showed literally zero care that she wasn’t feeling well,” one user wrote.</span></p> <p><span style="font-weight: 400;">“SAHM stands for stay at home </span><span style="font-weight: 400;">mum,</span><span style="font-weight: 400;"> not stay at home maid. Her priority is the children. Not to be on call to make the house look unrealistically tidy in an hour’s time.”</span></p> <p><span style="font-weight: 400;">The man later clarified that they usually communicate via text, and that it was unusual for her not to check her phone.</span></p> <p><span style="font-weight: 400;">"Even if she saw the text, who's to say that was enough time to do all the cleaning needed? Or that she didn't have another obstacle like being out of the house for the afternoon or being sick, like she was," another user said.</span></p> <p><span style="font-weight: 400;">"[You're the a--hole] for assuming she generally has tons of time to clean while parenting, for giving her inadequate notice about guests, for telling her about guests, not asking if it was okay to have guests over, for not feeling any responsibility to help clean the house the night before if you're planning on asking people over and for generally treating her like your maid and not working to come up with other solutions to keep the house to your desired cleanliness."</span></p> <p><em>Image: Getty Images</em></p>

Relationships

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Does the US have the right to sail warships through the South China Sea? And can China stop them?

<p>Images of what appeared to be US warships <a href="https://www.theguardian.com/us-news/2021/nov/08/satellite-images-china-mock-ups-us-warships">emerged</a> from China last month, but they were not anywhere near an ocean. In fact, they were thousands of kilometres away, in a desert in western China.</p> <p>Military experts said the mock-ups of US warships were part of a new target range developed by the People’s Liberation Army. The images demonstrate how seriously China is taking the repeated appearances of foreign warships in waters it claims to control – and why this is a worry for the stability of the region.</p> <p>In late November, a US destroyer <a href="https://www.aljazeera.com/news/2021/11/23/us-warship-sails-through-taiwan-strait-first-since-biden-xi-meet">sailed</a> through the Taiwan Strait, prompting a warning from China to “stop stirring up trouble, crossing the line and playing with fire”. This followed sailings of naval ships through the strait in recent months by <a href="https://www.reuters.com/world/asia-pacific/us-canadian-warships-sailed-through-taiwan-strait-last-week-2021-10-17/">Canada</a>, <a href="https://www.taiwannews.com.tw/en/news/4314084">France</a> and <a href="https://www.theguardian.com/uk-news/2021/sep/28/uk-sends-warship-through-taiwan-straight-for-first-time-in-more-than-a-decade">the UK</a>.</p> <p>The aircraft carrier USS Carl Vinson, meanwhile, <a href="https://www.scmp.com/news/china/diplomacy/article/3155365/more-warships-are-raising-risk-misfire-south-china-sea">made nine visits</a> to the South China Sea this year, most recently in October when it <a href="https://www.navytimes.com/news/your-navy/2021/10/27/uss-carl-vinson-operates-in-south-china-sea-with-japan-maritime-self-defense-force/">conducted training exercises</a> with a Japanese helicopter destroyer.</p> <p>China has been incensed by this uptick in naval activity. Beijing claims the vast majority of the South China Sea as its own and regards self-governing Taiwan as a renegade province.</p> <p>In a clear demonstration of its own naval capabilities, four People’s Liberation Army Navy (PLAN) vessels <a href="https://www.alaskapublic.org/2021/09/14/coast-guard-encountered-chinese-warships-in-the-aleutians/">conducted military and surveillance operations</a> just 75km (45 miles) off the coast of Alaska in the US exclusive economic zone in late August.</p> <p>Both nations’ naval operations are fuelling an atmosphere of deep distrust and suspicion. Chinese commentators blame the US for turning the Taiwan Strait into a flashpoint, and characterise US transits in the South China Sea as provocative violations of China’s sovereignty.</p> <p>And although the passage of the PLAN vessels near Alaska was in compliance with international law, the US is concerned about China’s aims to aggressively expand its naval operations to become the dominant power in the Pacific.</p> <p>With tensions running high in the Pacific, where does international law come in? What does the law say about sailing vessels in disputed waters, and have China or the US and its allies violated these rules?</p> <h2>The rule of law in the oceans</h2> <p>The <a href="https://www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htm">United Nations Convention on the Law of the Sea</a> (UNCLOS) establishes the rule of law in the oceans, as well as the rights of both coastal and maritime states.</p> <p>For example, coastal states have the right to control and manage the resources in their exclusive economic zones (EEZ), which extend 200 nautical miles (370km) from their shores.</p> <p>At the same time, these zones remain international waters. This means foreign vessels have a right of innocent passage. They must travel on the surface of the water and not threaten the “peace, good order, or security of the coastal state”.</p> <p>Coastal states may stop foreign ships from passing through their EEZ if they deem it “non-innocent”, but the passage itself cannot be considered a threat.</p> <p>UNCLOS also specifies which waters fall under a state’s direct sovereign control, otherwise known as its “<a href="https://en.wikipedia.org/wiki/Territorial_waters#Territorial_sea">territorial seas</a>”. This extends at most 12 nautical miles (22km) from a nation’s coast.</p> <p>Some of the world’s most important waterways, such as the <a href="https://www.tandfonline.com/doi/abs/10.1080/18366503.2014.956856">Straits of Malacca</a> between Indonesia and Malaysia and the Taiwan Strait, fall into this category.</p> <p>Foreign ships still retain the right to pass through these territorial waters, as long as they navigate “<a href="https://www.maritime-executive.com/features/Maritime-Security-Private-The-Concept-of-Innocent-Passage">continuously and expeditiously</a>”, not stopping or anchoring. Coastal states may not prohibit or impede a vessel’s innocent transit.</p> <h2>Ambiguity being exploited by China</h2> <p>UNCLOS is scattered with undefined and ambiguous terms in an attempt to strike a balance between the competing interests of coastal and maritime states.</p> <p>This ambiguity raises the risk of clashing interpretations of the law, as well as the potential for nations to exploit it for their own purposes. China, for example, has complained US surveillance in its EEZ is not for “peaceful purposes” – an undefined term under UNCLOS.</p> <p>UNCLOS also does not grant sovereignty over the sea in the absolute terms that China claims. Under the convention, the sea is shared by states and no nation can claim absolute dominion over it.</p> <p>In recent years, China has passed domestic laws that claim to supersede international law. For example, Beijing <a href="https://www.lowyinstitute.org/the-interpreter/deliberate-ambiguity-china-s-new-territorial-waters-declaration">requires vessels</a> to seek permission before undertaking innocent passage through the South China Sea, which it considers its “territorial waters”.</p> <p><img src="https://images.theconversation.com/files/437677/original/file-20211215-19-hzffee.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" alt="Chinese vessels in the South China Sea." /> <span class="caption">Chinese vessels moored at Whitsun Reef in the South China Sea.</span> <span class="attribution"><span class="source">National Task Force-West Philippine Sea/AP</span></span></p> <p>China also claims <a href="https://www.lowyinstitute.org/the-interpreter/how-china-bending-rules-south-china-sea">historical control</a> over the South China Sea, which is also not clearly defined under UNCLOS. Historical control over waters has been recognised under international law, but this requires a state to have had continuous authority over a sea, with the acquiescence of other nations.</p> <p>China’s claim to historical control over the South China Sea has been <a href="https://www.lowyinstitute.org/the-interpreter/whatever-happened-south-china-sea-ruling">dismissed</a> by an <a href="https://www.theguardian.com/world/2016/jul/12/philippines-wins-south-china-sea-case-against-china">international tribunal</a> and vigorously protested by its neighbours, as well as other nations without claims to the waters.</p> <h2>US belief in freedom of navigation</h2> <p>The US maintains its passages through the Taiwan Strait and South China Sea are within its rights under UNCLOS, even though it is not a signatory. (It believes the convention contains pre-existing customary rights, such as the freedom of navigation, which all nations have always enjoyed.)</p> <p>To maintain these rights, Washington has maintained a <a href="https://interactives.lowyinstitute.org/archive/fonops/">Freedom of Navigation Operations (FONOPS) program</a> since the late 1970s. The purpose of these operations is to ensure all nations retain their unrestricted sea transit rights as spelled out under UNCLOS.</p> <p>As such, FONOPS send an overt message – the US has the right to sail its warships through the South China Sea because UNCLOS permits it. There must be no ambiguity under the convention when it comes to this.</p> <p>China claims FONOPS are a mask for unwarranted aggression and regional interference. Beijing’s opposition is not surprising – the program contests the legality of both China’s sea claims and its attempts to restrict navigational freedom through these waters.</p> <p>China has no legal grounds for dismissing these international rules. However, the longer it does, the more likely the tensions in the South China Sea and Taiwan Strait are going to intensify.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important; text-shadow: none !important;" src="https://counter.theconversation.com/content/166742/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><span><a href="https://theconversation.com/profiles/claudio-bozzi-8264">Claudio Bozzi</a>, Lecturer in Law, <em><a href="https://theconversation.com/institutions/deakin-university-757">Deakin University</a></em></span></p> <p>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/does-the-us-have-the-right-to-sail-warships-through-the-south-china-sea-and-can-china-stop-them-166742">original article</a>.</p> <p><em>Image: Mass Communication Specialist 2nd Class Samantha Jetzer/US Navy/AP</em></p>

International Travel

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Two families unite over Christmas balloon

<p><span style="font-weight: 400;">Christmas came for a second time for two twin sisters, after a stranger more than 100km away found a holiday wish list attached to a balloon.</span></p> <p><span style="font-weight: 400;">In December, Leticia Flores-Gonzalez had the idea for her two 4-year-olds, Luna and Gianella Gonzalez, to tie their Christmas lists to balloons and set them free above their Kansas home.</span></p> <p><span style="font-weight: 400;">With the difficult year behind them, it was their way of reaching Santa Claus.</span></p> <p><span style="font-weight: 400;">Flore-Gonzalez told CNN, “It was important doing something special for my girls because of the hard year we had during the coronavirus pandemic. I wanted them to feel like 2020 was another year spent with mom making beautiful memories.”</span></p> <p><span style="font-weight: 400;">“It was never with the purpose someone would find the balloon. I thought it would deflate and would just disappear somewhere in a tree nearby.”</span></p> <p><span style="font-weight: 400;">But someone with a white beard and a big heart did find one of the balloons.</span></p> <p><span style="font-weight: 400;">While hunting deer in Grand Cane, Louisiana in late December, Alvin Bamburg spotted one of the balloons tangled in a tree.</span></p> <p><span style="font-weight: 400;">“I saw that balloon and God spoke to me. He said, ‘You need to get this, and, second of all, you need to get the trash out of the woods,’” Bamburg told CNN.</span></p> <p><span style="font-weight: 400;">“When I got it I noticed a folded yellow piece of paper sealed with a red star, and it was a Christmas list from a girl named Luna.”</span></p> <p><span style="font-weight: 400;"><img style="width: 500px; height:280.7692307692308px;" src="https://oversixtydev.blob.core.windows.net/media/7840931/christmas-list.jpg" alt="" data-udi="umb://media/da6784e762294890ac05a1785dd3872f" /></span></p> <p><span style="font-weight: 400;">What had Luna asked Santa for? The list included candy, a Spider Man ball, a Frozen doll, a My Little Pony toy, and a puppy.</span></p> <p><span style="font-weight: 400;">Though the holidays kept Bamburg and his wife, Lee Ann Leopard Bamburg, busy, the list stayed at the back of their minds.</span></p> <p><span style="font-weight: 400;">Once the holiday season had wound down, Bamburg shared his discovery with family and friends via a Facebook post in early January.</span></p> <p><span style="font-weight: 400;">Bamburg wrote, “Would love to know when it was launched. Looks like it traveled over 600 miles. Feel free to share.”</span></p> <p><span style="font-weight: 400;">So many people shared the post that it was eventually found by Flores-Gonzalez.</span></p> <p><span style="font-weight: 400;">“When we found out someone actually found Luna’s balloon, we were just in shock,” she said.</span></p> <p><span style="font-weight: 400;">“We couldn’t believe how kind people were; we were overwhelmed with love. That’s what really mattered.”</span></p> <p><span style="font-weight: 400;">After receiving requests to share Gianella’s list, Flores-Gonzalez did, and both girls received gifts from Bamburg’s family, friends, coworkers, and even old schoolmates.</span></p> <p><span style="font-weight: 400;">Following months of communication, the two families finally met in-person. The Bamburgs drove six hours to meet Flores-Gonzalez and the twins and gave them one final present.</span></p> <p><span style="font-weight: 400;">“We had texted, talked, and FaceTimed before we even met, and it was clear we had a connection,” Bamburg said.</span></p> <p><span style="font-weight: 400;">“When we met, it was just like meeting family.”</span></p> <p><span style="font-weight: 400;">It was during the meeting that Bamburg gave the girls a dachshund puppy, fulfilling the last of Luna’s Christmas wishes. Overjoyed, the girls quickly named the pup Max.</span></p> <p><span style="font-weight: 400;">Over a meal, the families laughed and bonded over shared values.</span></p> <p><span style="font-weight: 400;">“To us, it isn’t the amount of gifts or the value that the girls are receiving,” Flores-Gonzalez said.</span></p> <p><span style="font-weight: 400;">“It’s the love they received. It meant the world to us we see their smiles, and the lifelong friendship we have made with Alvin and his wife.”</span></p> <p><span style="font-weight: 400;">The families will continue meeting too, with their next reunion scheduled for the end of May.</span></p> <p><span style="font-weight: 400;">In the meantime, Bamburg hopes to inspire others to take a break and makes someone else’s day a little brighter.</span></p> <p><span style="font-weight: 400;">“There’s so much sadness in the world right now, the world is a freaking mess,” he said. “It’s really not hard to spread kindness, and you can never underestimate the impact even just a smile will have on someone’s day.”</span></p> <p><strong>Image credits: CNN</strong></p>

Caring

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Prince Charles "in a state of despair" after Harry and Meghan interview

<p>Prince Charles is reportedly "in a state of despair" after his youngest son Prince Harry and wife Meghan Markle sat down with Oprah for a bombshell interview.</p> <p>Royal author and Vanity Fair correspondent Katie Nicholl made the claim to the outlet on Monday.</p> <p>“As<span> </span><em>Vanity Fair</em><span> </span>reported on Sunday, Harry was emailing his father to justify why he and Meghan had done the interview,” Nicholl wrote. “Charles was said to be ‘in a state of despair’ according to a friend.</p> <p>“For Prince Harry to say that he felt let down by his father must have been a difficult thing to say and hard for Charles to hear,” royal author Sarah Gristwood also told the outlet.</p> <p>“Now, just at a time when by and large Charles had started to look more like a popular king than one would have guessed, here’s a major blow to his reputation,” she shared. “That his son felt let down by him.</p> <p>“It’s hard to know if Harry is aware of the damage this has done. Did he actually intend to cast this damaging light on his father and his family? We don’t know.”</p> <p>According to Nicholl, the palace will reportedly respond to the televised interview. However, she said they will take their time “and choose their words carefully”.</p> <p>Sources told Nicholl that Charles, along with Harry’s older brother Prince William, “are very concerned” by the claims that were made in the interview. She also claimed palace aides were also caught off-guard by the allegations that were made by the Sussexes.</p> <p>“Palace aides had feared the interview would make them look out of touch, but sources say they have been shocked by the severity of the allegations,” Nicholl wrote. “The various households will be locked in crisis meetings for most of Monday as they work out the next steps.”</p> <p>Nicholl also shared that the Queen has not seen the interview, “but was briefed by aides over breakfast Monday morning”. Her husband Prince Philip remains in hospital.</p>

Relationships

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Top national parks in the US

<p>Feeling a bit caught up in the bright city lights and chaos? Nothing sounds more grounding than turning off the devices and heading on a family trip to a US national park.</p> <p>But with 58 beautiful parks to choose from, this magical outdoor vacation needs some planning.<br /><br /><strong>Grand Canyon National Park</strong></p> <p>Majority of the Grand Canyon’s six million yearly visitors flood to the central lookout. But the national park hosts a further 4926 km² of sublime beauty to explore.</p> <p>From gentle day walks to the arduous RIM2RIM, the park has a large variety of trails. Even better, under 16s stay free at all Grand Canyon lodgings.</p> <p>Kids can become Junior Rangers by completing the activity book and taking a pledge at the visitor centre – it’s free. Interactive drawing and writing activities encourage the little ones to learn about nature, history and preservation.</p> <p>While the North Rim does have an abundance of trails, the South Rim is recommended for travelling with kids. There’s more to do on this side, and day tours run from Phoenix and Las Vegas.</p> <p>The Rim Trail offers spectacular views of the inner canyon, and shuttle buses can help manage the length of your hike. For an easier trek, Cape Royal is a gentle yet rewarding hike on the South Rim, perfect for sunset picnics.</p> <p>The park has plenty more to do than hiking. Try horseback riding, white water rafting or hire bikes and ride the greenway trail.</p> <p>For those driving, 4×4’s can descent the bottom of the Canyon and stay at the Bright Angel Campground. It takes about five hours to drive around the national park.</p> <p>Size: 4,926 km²<br />Average accomodation: $350<br />Recommended Time: Three days<br />High Season: May – Sep<br />Best time to go: April, September – October<br />Great for: 6 and up</p> <p> </p> <p><strong>Olympic National Park</strong></p> <p>How did mum ever expect you to conquer a national park without a Discovery Backpack? At Olympic, little adventurers are equipped with binoculars, a whistle and a torch to explore the one million acres of diverse wilderness.</p> <p>Nestled in Washington’s Olympic Peninsula, two hours from Seattle, the national park is great for overnight trips or a full week of adventure.</p> <p>Most of the parks campsites don’t take reservations so there’s no need to commit to a certain route. It is one of the cheaper and easier parks to get a permit, making it perfect for the more spontaneous of planners.</p> <p>A coastal cycle is a great way to tour the beautiful beaches, or explore the rainforest and mountains trails on foot.</p> <p>Hurricane Ridge is one of the most scenic climbs in the US. There are varied routes for different hiking abilities, so you’ll have no trouble getting there.</p> <p>Rialto Beach and Hall of the Mosses are both great day walks for confident hikers. For something more gentle, the Ruby Beach trail rewards a well deserved dip in the water.</p> <p>Size: 3,734 km²<br />Average accomodation: $191<br />Recommended time: A week<br />High season: May – Oct<br />Best time to go: April – May, July – Sept<br />Great for: All ages</p> <p><br /><strong>Yosemite National Park</strong></p> <p>With some of America’s most beautiful alpine tree views and rainbow skies, Yosemite is perfect for families who don’t want to travel too far off the beaten track. Nestled in the Western Sierra Nevada mountains of California, the National park covers 3027 km² and is accessible from San Francisco and Los Angeles.</p> <p>There are plenty of short hikes for families with younger kids, meaning less blisters and less grumbling.</p> <p>The Lower Yosemite Falls Trail is a magical (but wet) 1.6km round trip that rewards sensational views. It can be tackled easily in a day, with plenty of time to stop at the many exhibits and learn more about the natural and cultural history of the area.</p> <p>Head to the Swinging bridge after a long day of walking for a much deserved cool off in the swimming hole.</p> <p>For a more difficult hike, the Mist Trail continues to the Nevada falls and on a clear day boasts double rainbows. The hike is mostly stairs though, so bring plenty of water and a good pair of boots.</p> <p>If you’re driving, it’s worth getting up before sunrise for the 62 kilometres of scenic alpine views on Tioga Road.</p> <p>Size: 3027 km²<br />Average accomodation: $357<br />Recommended time: Three days is enough to do everything, but a week is great for those who want to take it slow.<br />High season: May – Sept<br />Best time to go: March – May, Sept – Oct<br />Great for: ages 7 and up</p> <p> </p> <p><strong>Arches National Park</strong></p> <p>Arches, true to its name, is a mystical oasis of red rock formations. While you can take several days to see the park, it is perfect for those who have 2 or 3 hours to detour.</p> <p>The national park is located in Eastern Utah and stretches 310 square kilometres. The 29km drive through Arches is one of the most scenic in the US and can be done in about three hours. This allows for multiple stops throughout the journey with short walks to popular attractions along the way.</p> <p>Arches is great for beginners, or those who aren’t up for long and strenuous hikes.</p> <p>Stops such as Balanced Rock provide great half kilometre round trips that let you gauge how far the little ones can go. For a more difficult hike, Delicate Arch is a 4.6km back trail that features beautiful wild flowers and scenic views.</p> <p>If you are staying for longer, you can also try mountain biking, rafting or horseback riding.</p> <p>On the way home be sure to stop at Cisco for some creepy photos of the ghost town featured in Thelma &amp; Louise and Vanishing Point.</p> <p>Abandoned house in the ghost town of Cisco. Picture: Elizabethmaher / Shutterstock.<br />Size: 310.3 km²<br />Average accomodation: $121<br />Recommended time: A day<br />High season: May – Sept<br />Best time to go: April, Sept – November<br />Great for: Toddlers and young kids. Aches beginner trails are perfect for parents that may need to carry the little ones.</p> <p> </p> <p><strong>Zion National Park</strong></p> <p>Utah’s first national park is adored by little adventurers for it’s supernatural rock formations and vibrant mazes of water. Hike through 150 million years of history – Zion’s hanging valleys and canyons full of wildlife mean I spy with my little eye isn’t limited to the same three things.</p> <p>Zion is not a drive through park, but the Canyon Scenic Route provides spectacular sunset views on the way in and out.</p> <p>The parks free shuttle system loops Zion Canyon and drops you to the most popular areas, including Checkerboard Mesa and Weeping Rock.</p> <p>Family ranger programs are also free and specially designed to teach kids about wildlife and human history.</p> <p>The Emerald Pools trail guides you through three kilometres of fairytale forests, and as the name suggests, leads to caves full of glittering mermaid pools. For a more adventurous trail, The Narrows is a rewarding maze of rocky gorges and pink sandstone walls.</p> <p>Size: 593.3 km²<br />Average accomodation: $229<br />Recommended time: 5 – 7 days. Avid hikers may wish to stay longer and try the more strenuous hikes.<br />High season: April – October<br />Best time to go: April, Oct<br />Great for: ages 7 and up</p> <p><br /><strong>Yellowstone National Park</strong></p> <p>Yellowstone has always be known as the home of Yogi Bear. But America’s oldest national park is also brimming with hiking trails, heavenly waterfalls and forests full of natural wonders.</p> <p>The park is a diverse 8,991 km² spread of volcanic and alpine wilderness that stretches across three states. It’s scale means there is plenty to do with kids of all ages.</p> <p>Natural hot springs and thermal features fill the park, a great way to relax after a long day of walking or cycling. The Boiling River is a popular spot for bathing, or for something a little colder; you can try brave the Firehole River further upstream.</p> <p>The Grand Prismatic Springs are a must-do in Yellowstone. It’s well worth the wait for a parking spot at midday when the colours shine the brightest. The Upper Geyser Basin Trail is flat trail accessible for strollers, and you’re guaranteed to see geyser eruptions. See how many Byson you can spot in large range of wildlife at Lamar Valley, just outside of Yellowstone.</p>

International Travel

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The state removal of Māori children from their families is a wound that won’t heal – but there is a way forward

<p>Too many New Zealand children are born into a state of crisis, as two recent and damning reports have shown.</p> <p>The <a href="https://whanauora.nz/assets/6f126cc001/ORANGA-TAMARIKI-REVIEW-REPORT.pdf">Māori Inquiry into Oranga Tamariki</a> (Ministry for Children) was one of five inquiries launched after a media <a href="https://www.newsroom.co.nz/investigations/2019/06/11/629363/nzs-own-taken-generation">investigation</a> into the attempted “uplift” of a newborn baby from its mother at a maternity ward in May 2019. The inquiry report stated:</p> <p><em>The event … not only sparked national outrage from Māori, but disclosed a controversial and decades old state policy and practice that has had devastating intergenerational impacts that have left our communities with deep emotional scars.</em></p> <p>Another <a href="https://www.occ.org.nz/assets/Uploads/TKTM-JUNE2020-Final.pdf">report</a> from the Office of the Children’s Commissioner details the experiences of Māori mothers of newborns involved with Oranga Tamariki. Children’s Commissioner Judge Andrew Becroft wrote:</p> <p><em>These personal stories … are a silent testimony to the long-term inequities that Māori have suffered under Aotearoa New Zealand’s care and protection system.</em></p> <p>Oranga Tamariki chief executive Grainne Moss <a href="https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&amp;objectid=12337954">hit back</a> by saying the children’s commissioner’s report was ignoring the interests of babies.</p> <p>Today Newsroom launches a harrowing new video story by investigations editor Melanie Reid into the attempted ‘uplift’ of a newborn baby from its mother by Oranga Tamariki. Full video available here: <a href="https://t.co/u66NY18Rw1">https://bit.ly/2XEIgNo </a></p> <p>The current storm rages, in part, around the protection of children and their rights. With the <a href="https://www.abuseincare.org.nz/">Royal Commission of Inquiry into Historical Abuse in State Care</a> due to deliver its own interim report this year, we need to ask: what are those rights, and might a better understanding of them provide a way out of this impasse?</p> <p><strong>Children’s rights are linked to parents’ rights</strong></p> <p>Part of the answer can be found in the <a href="https://www.ohchr.org/en/professionalinterest/pages/crc.aspx">UN Convention on the Rights of the Child 1989</a>. Aotearoa-New Zealand accepted this treaty in 1993 and it informs the work of the <a href="http://www.legislation.govt.nz/act/public/2003/0121/latest/DLM230435.html">children’s commissioner</a>. For tamariki Māori, the convention is important because it was the first global human rights treaty to refer to the rights of indigenous children.</p> <p>Perhaps controversially, the convention <a href="https://www.ohchr.org/en/professionalinterest/pages/crc.aspx">requires</a> states to respect parents’ rights and responsibilities – and, where relevant, the extended family or community. This counters a common criticism that by focusing on children’s rights we diminish the rights of parents and families.</p> <p>As far as possible, children have the <a href="https://www.ohchr.org/en/professionalinterest/pages/crc.aspx">right</a> to know and be cared for by their parents. It is parents who have the <a href="https://www.ohchr.org/en/professionalinterest/pages/crc.aspx">primary responsibility</a> for the upbringing and development of their children.</p> <p>The convention also <a href="https://www.ohchr.org/en/professionalinterest/pages/crc.aspx">states</a> that the family is “the fundamental group of society” and the child <a href="https://www.ohchr.org/en/professionalinterest/pages/crc.aspx">should grow up in a family environment</a>. Cultural values are <a href="https://www.ohchr.org/en/professionalinterest/pages/crc.aspx">important</a> for “the protection and harmonious development of the child”.</p> <p>Most importantly in the current debate, the convention provides clear guidance on the removal of children from their families:</p> <ul> <li><a href="https://www.ohchr.org/en/professionalinterest/pages/crc.aspx">involuntary separation</a> is to be avoided, unless it is in the child’s best interests</li> <li>states must protect the child from <a href="https://www.ohchr.org/en/professionalinterest/pages/crc.aspx">all forms of violence, abuse or neglect</a></li> <li>where children must be placed into care, the child’s <a href="https://www.ohchr.org/en/professionalinterest/pages/crc.aspx">ethnic and cultural background</a> must be considered</li> <li>as indigenous children, tamariki Māori themselves must have access to <a href="https://www2.ohchr.org/english/bodies/crc/docs/CRC.GC.C.11.pdf">culturally appropriate services</a>.</li> </ul> <p>Each of these considerations is subject to <a href="http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhsiQql8gX5Zxh0cQqSRzx6Zd2%2fQRsDnCTcaruSeZhPr2vUevjbn6t6GSi1fheVp%2bj5HTLU2Ub%2fPZZtQWn0jExFVnWuhiBbqgAj0dWBoFGbK0c">four guiding principles</a>:</p> <ul> <li>the convention <a href="http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhsiQql8gX5Zxh0cQqSRzx6Zd2%2fQRsDnCTcaruSeZhPr2vUevjbn6t6GSi1fheVp%2bj5HTLU2Ub%2fPZZtQWn0jExFVnWuhiBbqgAj0dWBoFGbK0c">prohibits discrimination</a> of any kind, a provision that is <a href="https://www2.ohchr.org/english/bodies/crc/docs/CRC.GC.C.11.pdf">particularly</a> important in the current debate</li> <li>the <a href="http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhsiQql8gX5Zxh0cQqSRzx6Zd2%2fQRsDnCTcaruSeZhPr2vUevjbn6t6GSi1fheVp%2bj5HTLU2Ub%2fPZZtQWn0jExFVnWuhiBbqgAj0dWBoFGbK0c">best interests of the child</a> should govern all decisions relating to children – for indigenous children, this must take into account their <a href="https://www2.ohchr.org/english/bodies/crc/docs/CRC.GC.C.11.pdf">collective cultural rights</a></li> <li>the child has the <a href="http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhsiQql8gX5Zxh0cQqSRzx6Zd2%2fQRsDnCTcaruSeZhPr2vUevjbn6t6GSi1fheVp%2bj5HTLU2Ub%2fPZZtQWn0jExFVnWuhiBbqgAj0dWBoFGbK0c">right to life</a> and states must do all that they can to ensure the <a href="http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhsiQql8gX5Zxh0cQqSRzx6Zd2%2fQRsDnCTcaruSeZhPr2vUevjbn6t6GSi1fheVp%2bj5HTLU2Ub%2fPZZtQWn0jExFVnWuhiBbqgAj0dWBoFGbK0c">survival and development</a> of the child – for indigenous children, this means their <a href="https://www2.ohchr.org/english/bodies/crc/docs/CRC.GC.C.11.pdf">high mortality rates</a> must be addressed and culturally appropriate material assistance and support programs <a href="https://www2.ohchr.org/english/bodies/crc/docs/CRC.GC.C.11.pdf">provided</a> to parents and others</li> <li>the child has a <a href="http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhsiQql8gX5Zxh0cQqSRzx6Zd2%2fQRsDnCTcaruSeZhPr2vUevjbn6t6GSi1fheVp%2bj5HTLU2Ub%2fPZZtQWn0jExFVnWuhiBbqgAj0dWBoFGbK0c">right to be heard</a> in all proceedings affecting them. They have an individual right to express their opinion, and children as a societal group must be heard. The state must design <a href="https://www2.ohchr.org/english/bodies/crc/docs/CRC.GC.C.11.pdf">special strategies</a> to ensure the voices of indigenous children are heard.</li> </ul> <p>This report shares consistent and heart-breaking whānau experiences, supported by data and historical analysis, showing there are deep systemic issues facing the statutory care and protection system. Read the full report: <a href="https://t.co/jwPmgYHBYU">https://www.occ.org.nz/publications/reports/te-kuku-o-te-manawa/ …</a></p> <p><strong>The forcible removal of children is covered by the UN</strong></p> <p>Alongside the children’s rights convention lies the <a href="https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf">United Nations Declaration on the Rights of Indigenous Peoples 2007</a>, which Aotearoa-New Zealand endorsed in 2010. This specifically recognises the rights of indigenous families and communities to retain <a href="https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf">shared responsibility</a> for the upbringing and well-being of their children. The exercise of that responsibility is to be consistent with the rights of the child.</p> <p>The declaration also prohibits the <a href="https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf">forcible removal</a> of children from one group to another. While this has tended to relate to historic state policies to remove indigenous children from their communities, it clearly resonates with recent events.</p> <p>The declaration also states that the <a href="https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf">economic and social conditions of children</a> must be improved. Notably, states must protect children from all forms of <a href="https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf">violence and discrimination</a>. These considerations overlap with the declaration’s wider objectives, such as the <a href="https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf">right to self-determination</a>, the <a href="https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf">right to self-government</a> and the importance of <a href="https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf">free, prior and informed consent</a> on matters that affect indigenous people.</p> <p>At the heart of these documents is a simple message: children have rights. The best interests of the child must inform any decision that affects those rights. And the decision must be made in an impartial and transparent manner.</p> <p>Future reports will inevitably catalogue further violations of children’s rights. Identifying these violations is one thing; strategies to ensure they do not happen again are another. The Convention on the Rights of the Child and the Declaration on the Rights of Indigenous Peoples must play a central role.</p> <p><em>Written by Claire Breen. Republished with permission of <a href="https://theconversation.com/the-state-removal-of-maori-children-from-their-families-is-a-wound-that-wont-heal-but-there-is-a-way-forward-140243">The Conversation</a>. </em></p> <p><em> </em></p>

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