Leading  Issues Journal  

WOMEN IN THE LAW - WHAT NEXT?

By The Hon Justice Michael Kirby

In a speech presented to the Victorian Women Lawyers' Association on 20 August 2001, entitled, Women in the Law - What Next?, Justice Michael Kirby points out that in the first eighteen months of his service at the country's highest court, he had heard about two hundred barristers argue their cases; but only six women.  They were the six with "speaking parts".  Today, he states that ,"the proportions remain substantially the same.  The faces change somewhat; but the central rostrum for advocates at the High Court of Australia is still, overwhelmingly, a male preserve."

Asking the question, "Why is this so?  Is it inevitable, so that I should just be silent and accept the imbalance as a fact of life?" Justice Kirby presents a range of reasons for this disparity. He begins with the more familiar ones circulating within the profession, the existence of the Glass ceiling and the  "broken career syndrome."

However, he delves further to show that if you ask women and the experts who survey the legal profession, about female disadvantage, what emerges are reasons about the culture of the profession. They are, "often places where extraordinarily long hours of work are the norm and are expected.  They tend to be places oblivious to the fact that childcare facilities mostly close at 6 p.m.  Many women lawyers also complain that they find the masculine social networks alienating.  Drinking rituals and football tipping that sometimes dominate social life in the top legal establishments is reported as off-putting.  In such a world, it is unsurprising that many women feel themselves to be strangers.  Come to think of it, I would feel a stranger there myself."   

For those who think that the Bar is a congenial place, offering equal opportunity for women, an escape from the glass ceiling,  Justice Kirby asks, then why does the Bar "attract  such a small proportion of women when for many years women have represented about 50% of the nation's law graduates?" a fact supported by the 1998 Survey of the Victorian Bar, which shows, "the same discouraging phenomena as in the big legal firms.  Women tend to be disproportionately engaged in shorter cases and cases involving family and criminal law.  Men still get the lion's share of big, important cases."

Kirby cites practical suggestions collected from women by this Report which include, "the incorporation of standards of equal opportunity and prohibition on sexual harassment in the professional rules of the Bar... support for women advocates by relief from fees for chambers and clerks during absence because of pregnancy... the provision of a tax deduction for working mothers who can only keep up their earning capacity by paying for childcare." Advocating these suggestions Kirby points out, "Making it easier for women lawyers to stay in work is in the country's interest.  Pregnancy leave is not enough.  Children make unrelenting demands for many years after birth.  Most of those demands fall on women.  If they are professional women, the  need for childcare is no luxury."   

Kirby goes further in elucidating his position in support for women. "It is important that the experience of half the population, women, should be brought to bear fully in the exercise of those choices... Moreover, women are not just men who wear skirts.  They have a different life's experience.  They sometimes have a different way of looking at problems.  Occasionally, they demonstrate less combative tendencies - to "kick heads" and to "thump tables" - and more skills in conciliation and the rational resolution of disputes.  The real loss in the lack of female advancement in the legal profession is not just the frustration of particular women's careers.  It is not simply the economic loss that is inherent in failing to promote to the full the highly refined economic talent of a trained lawyer.  The biggest loss, it seems to me, lies in the failure to bring the skills of women to bear on the administration of the law...it is my experience that women often see legal issues from a different perspective.  That perspective should be available in full proportion to the judiciary, the bar and the legal firms, corporate lawyers, the law schools, and government departments of Australia.  It needs to be available to the whole community which the law serves."   

To view the speech by The Hon Justice Michael Kirby, click here: Women in the Law - What Next?

WESTERN AUSTRALIAN VICE CHANCELLOR’S HARMONY DAY ORATION

"There is still a great need to work against prejudice and bigotry and to establish a truly equal and fair Australia," concludes Mr Fraser in a speech that addresses  Multiculturalism, Reconciliation, Asylum Seekers and Human Rights in Australia. Although presented in March 2000, well before the current climate and recent events surrounding these issues, this speech is significant in challenging a political mindset with considerations that are critical to Australia's national and international identity.  It begs the question, 'Can we afford to be complacent?'

"Perhaps the major lesson of our own experience in recent times, the lack of effective progress concerning reconciliation and the harshness of our treatment of asylum seekers is simply that, even in an open and vigorous democracy like Australia, we cannot afford to be complacent about basic human rights. It is so easy to slip into habits of mind and actions which are discriminatory, which deny basic human dignity. We have not been immune from that slide in Australia."  

To view the speech by The Rt Hon Mr Malcolm Fraser Western Australian Vice Chancellor's Harmony Day Oration

EDUCATING YOUTH AGAINST RACISM

A Report Prepared by Morris Lipson 

A Report Prepared by Morris Lipson for the UN Office of the High Commissioner for Human Rights for the World Conference Against Racism Durban, South Africa, August 2001

 "In a number of recent reports, the High Commissioner for Human Rights, and numerous others, have documented the rise of racism and racist activities around the world." " Anti-racism work is on the increase. Networks of educators, often with government support or participation, are being formed and alliances are being established. The word is spreading that racism can be effectively countered by the provision of information to children and youth to enable them to see what is wrong with it, and what is right with others that are different from them. This Report has chronicled a sampling of such educational efforts, by national and local governments, by unions, NGOs, and by dedicated teachers, administrators, and citizens of the world."

Included in Morris Lipson's presentation of the projects established by various countries  to stop the rise of racism is a referral to Australia's No Way! Racism Project that came into existence in 2000 and was funded jointly by state education systems, the New South Wales Catholic Education Commission, and the federal Departments of Immigration and Multicultural Affairs and Education, Training and Youth Affairs, among others.

"The Project recognizes three pre-conditions for effective anti-racism education. First, action must occur at all applicable levels: at the system, at the school, and within the individual. Second, anti-racism strategies must go through a cycle of planning, implementation, and evaluation. Finally, implementation must occur throughout the gamut of educational institutions and activities: it must be part of policies and guidelines; it must occur in curriculum and pedagogy; it must be a fundamental part of teacher training and staff development; there must be efforts to involve parents and communities; and there must be continual monitoring and reporting of efforts."

Women and Leadership By Cathy Miller, Chair of the Queensland Premier's Council for Women presented on July 4, 2001

The Forgetting of Wisdom By Win Metcalfe of The Older Women's Network presented on October 3, 2001

for the Lunchbox Seminar Series of the Queensland Office of the Status of Women, Government Dept of Premier and Cabinet 

Cathy Miller introduces the term, 'Double O' factor - The 'Oestrogen Obstacle', "a socially induced oestrogen surge where millions of highly trained hormones attack the self-esteem nerve centre of the brain and turn otherwise competent women into self-deprecating wrecks."

With her central message being that  "women need to reverse the 'Double O' factor. Get rid of those social shackles and strive to appreciate what you have to offer," Cathy Miller asks: "But what type of leaders and decision-makers should we be calling for - regardless of gender? Do women supporting other women's progression have some right to expect that such women will encourage, support and mentor other women to similarly progress? ... for women who accept the challenge and take the risk (and it is a risk with potential huge personal costs) and strive to be effective leaders, should they expect to receive the support and encouragement of other women?"  

Answering "'Yes" to both questions, she elaborates, "Women leaders need our support and women leaders need to support leadership development in other women." Summing up in three points, she states, " Expect good leadership from women and men right throughout the chain of management positions. Conduct a frank audit of your leadership potential to see whether you're an effective organisational member - are you part of an organisational problem or solution? And remember: leadership ability is not constrained to leadership positions. Think about it."

Reflecting on her leadership and that of the Premier's Council for Women, she offers a valuable list of  fundamental qualities and skills that makes an effective leader in the workplace.

Win Metcalfe in her speech, The Forgetting of Wisdom, asks, " why do older women, who comprise the main and most constant carers, babysitters and voluntary workers, remain virtually invisible with their work poorly paid and devalued? Why are they still seen as a burden on society? Why does this broad and diverse group - spread across culture, lifestyle and class - all endure the same ageist oppression?"

To answer these questions Win Metcalfe addresses some of the societal constraints that have been placed on older women. She explores "the natural process of growing OLD" in the context of today's society.

"Old age is seen as: obsolescence, ugliness, disease and brain impairment...according to current societal 'wisdom' we are obsolete, ugly, brain impaired etc. On this account 'Old Age is NOT Wise'! No wonder I have called this talk, 'the Forgetting of Wisdom', because I am one 'old' determined to fight back!"

She encourages us to " to grow old disgracefully" to recognise that "whoever has ALWAYS made the right choice, who has ALWAYS remembered everything they need to know and who has FULLY reached the pinnacle of their potential is a very rare bird indeed. In all probability they don't exist!"

" A lively sense of humour is vital and the support and friendship of others who have this can be a source of comfort, enthusiasm, shared fun, and a positive 'growing older disgracefully' attitude to life."

RAWA, the Revolutionary Association of the Women of Afghanistan 

The movement of Afghan women attempting to resist fundamentalism -
RAWA, the Revolutionary Association of the Women of Afghanistan, was established in Kabul, Afghanistan, in 1977 as an independent political/social organization of Afghan women fighting for human rights and for social justice in Afghanistan. The founders were a number of Afghan woman intellectuals under the sagacious leadership of Meena who in 1987 was assassinated in Quetta, Pakistan.  RAWA’s objective was to involve an increasing number of Afghan women in social and political activities aimed at acquiring women’s human rights and contributing to the struggle for the establishment of a government based on democratic and secular values in Afghanistan. Since the overthrow of the Soviet-installed regime in 1992 the focus of RAWA’s political struggle has been against the fundamentalists’ and the ultra-fundamentalist Taliban’s criminal policies and atrocities against the people of Afghanistan in general and their anti-woman orientation in particular.  

To view the site of RAWA , click here: http://rawa.false.net/index.html 

Tony Jones from ABC Lateline interviewed RAWA's spokeswomen, Sahar Sabar on 15 November 01. 

To view a transcript of this interview see: http://www.abc.net.au/lateline/s418170.htm 

'Visions for a Nation' Speech by the Hon Joan Kirner for the Hawke Centre

The former Victorian Premier, Joan Kirner was one of five eminent Australians invited to speak at Visions for a Nation organised by the The Hawke Centre at the University of South Australia and the Centenary of Federation South Australia on 20 October at the Adelaide Convention Centre. 

Kirner asks “what are the fundamental values that underpin our vision for our nation  Her response: "I want to begin my “Visions for Our Nation” with a plea to all in this gathering and beyond to shape our nation according to our human values as a nation:  not according to the perceived political demands of the moment."

The first element in Joan Kirner's vision is "The need for an agreement between Australia’s indigenous and non-indigenous people on our past and our future."

The second element "is the achievement of social, economic and political equity for and by the women of Australia."  She delineates that there are "at least three more challenges in my vision of gender equity in politics:   Ø the amendment of our Constitution, as in Canada and South Africa, to ensure that equity is a requirement of government; Ø taking action to ensure that by 2010 half our parliament are women;  Ø the election /selection within a decade of our first woman Prime Minister, Governor General and Chief Justice.  The talent is there -political parties need the will.

Outlining that "gender equity means more than political equity," she suggests that "Economic equality for women" is an area that needs a great deal of work as she presents "the disturbing facts on Australia’s failure to deliver pay justice to women in both salary and working conditions."   

The third element of her vision, "is the need for creating strong partnerships in community building." She lists the principles that we should adopt in our practice, "to generate a sense of pride and ownership that is essential to building strong communities and a strong nation."      

Finally to ensure that the talents of women and men are fully harnessed by Australia, she offers a 10 point - economic equity action plan for women.

To view the speech, click here: Joan Kirner's speech for Visions for a Nation

The Refugee Council of Australia (RCOA) 

RCOA is a peak non-profit organisation with some 140 organisational and individual members. In 2000, the Refugee Council was highly commended by the Human Rights and Equal Opportunity Commission in its Human Rights Day Awards for the promotion of humane and constructive policies towards refugees.  Mr David Bitel is President and Dr William Maley is Chairperson of RCOA.
To view an RCOA  press release of 20 July 2001 which presents some relevant facts on Refugees as well as current Assylum Statistics by RCOA, click here: The Refugee Council of Australia

Enterprising Woman of the Year in South Australia

Enterprising Woman of the Year 

Sharon Zivkovic, Senior Community Development Officer – The Parks, Department of Human Services

 Sharon Zivkovic is a social entrepreneur.  In her own words, “social entrepreneurs are committed to transforming communities by using innovative and dynamic approaches and working in alliances across the public, private and not-for-profit sectors.” Since leaving school at the age of 14, Sharon Zivkovic has carved an inspiring career.  Being unable to answer her (then) six year old daughter’s questions spurred Sharon to return to school at 25, completing her Year 11 studies and topping her class in Physics – not bad for someone who says she “probably left school at 12 but kept showing up until I was 14.” She went on to complete a Bachelor of Accountancy and a Graduate Diploma in Education and taught at TAFE and the University of SA before becoming the Finance Manager at Kosmea Australia.  It was her continuing close relationships with those who had been her friends and support when she had been a welfare recipient which led to her work in the sector.

 Enterprising Young Achiever of the Year 

Cathy Pearce, Managing Director, Cathy Jayne Developments/Cathy Jayne Real Estate

From a starting capital of $6000 to 100 current projects across Adelaide, Cathy Pearce continues to build a property development and management business which belies her years.  Still under 30, with 2 daughters whom she describes as her major achievement, she has positioned her company at the forefront of development which cares for the urban environment. Coupled with the energy she expends on her business, Cathy is a vigorous worker on behalf of others.  She is currently involved in a project to provide apartments for victims of childhood cancer and is a counsellor on the next Operation Flinders, an outdoor adventure experience for young people from disadvantaged backgrounds.

Recognition of Achievement Award 

Linda Saunders, Associate Dean, School of Nursing & Midwifery, Flinders University of SoutH AUSTRALIA

By combining nursing, education and law Linda Saunders has made her mark as a leading player in the fields of Clinical Forensic Nursing and Health Correctional Nursing.  In addition to being a fully qualified nurse, fully qualified educator and fully qualified lawyer, Linda has pioneered debate and education in fields of health previously considered too difficult to address. Her concern for all who require health care extends to the welfare of victims of sexual crimes – especially the concern that valuable evidence is not destroyed in the caring process, and to patients in custody – ensuring that they receive medication and appropriate care even at times of high security.  These passions have led to the establishment of accredited courses – the only ones of their kind in Australia. Linda Saunders was also awarded the Virginia Lynch Pioneer Award in Forensic Nursing at the International Forensic Nursing conference held in Ontario in October this year.