« 815 816 817 818 819 820 821 822 823 824 825 »
The inability of a child to thrive in a Constitutionally protected God based perpetual threat and rape culture is not a fault of the child; however it does become their odious responsibility upon reaching adulthood. The Christian religion at its core is a toxic mechanism whereby intergenerational trauma is kept alive, active, and deeply embedded in each new generation, as it has done over the past 2,000+ years.
#820
PUBLISHED: March 7, 2024 11:28:07 AM UPDATED: March 27, 2024 9:35:55 PM
FOREIGN STATES IMMUNITIES ACT 1985 - SECT 13
The concept revolves around the legal principle of "foreign state immunity," which is a rule that prevents foreign countries (and their agencies and instrumentalities) from being sued in another country's courts, with certain exceptions. This principle is codified in laws like Australia's Foreign States Immunities Act 1985 and the United States' Foreign Sovereign Immunities Act.
What is Foreign State Immunity?
Foreign state immunity means that foreign governments are generally protected from being sued in the courts of another country. This is based on the principle of sovereign equality among states, which is a cornerstone of international law. Essentially, it's a way of respecting the sovereignty of other nations by not subjecting them to the jurisdiction of foreign courts.
Exceptions to the Rule:
While the general rule is immunity, there are exceptions where foreign states can be sued:
Commercial Activities: A foreign state can be sued for actions that are part of its commercial, as opposed to its sovereign, activities. Personal Injury: If the foreign state's actions cause death or personal injury within the country where the lawsuit is filed, due to negligence, they can be sued.
[QUERY 1: Define sovereign, activities in relation to the Vatican.
Sovereign activities in relation to the Vatican refer to those actions or functions that pertain to its
status as an independent sovereign entity. In the case of the Vatican, as the spiritual and administrative
center of the Roman Catholic Church and a recognized sovereign state, sovereign activities would include
those related to its governance, diplomacy, religious functions, and the exercise of its legal authority
within its territory. This might involve matters such as the administration of Vatican City, diplomatic
relations with other states, the promulgation of laws and regulations, and the operation of its various
institutions, including the Roman Catholic Church and the Holy See.
]
Property and Contract Disputes: Disputes involving property located in the country filing the lawsuit or contracts that the foreign state has entered into can sometimes lead to litigation against the foreign state.
[QUERY 2: Ownership eg Srs of Mercy are place holder/proxies of the catholic church when it comes to properties
owned by
the Roman Catholic Church.
Regarding ownership of properties by the Roman Catholic Church, it's important to understand that the Church
often holds property through various entities, including religious orders, dioceses, and other affiliated
organizations. In many cases, religious orders like the Sisters of Mercy may hold property as trustees or
proxies for the Church. This means that while the Sisters of Mercy may have legal ownership or control over
certain properties, they do so on behalf of the Church, and the ultimate authority and ownership reside with
the Roman Catholic Church itself. This arrangement allows for the effective management and administration of
the Church's extensive real estate holdings worldwide.
]
The Case Mentioned:
[QUERY 3: The status of the Vatican as a sovereign state - in
this instance the Vatican, Personal Injury due to their negligence.
The Vatican City State is recognized as a sovereign entity under international law. It functions as the
spiritual and administrative center of the Roman Catholic Church and is governed by the Pope, who serves as
the head of state. As a sovereign state, the Vatican enjoys certain rights and privileges, including the
capacity to enter into diplomatic relations, issue its own laws, and maintain its own legal system.
In the instance of personal injury due to negligence, if the negligence occurs within the territory of
Vatican City and involves actions or omissions attributable to the Vatican or its officials, there could
potentially be legal recourse within the Vatican's legal system. However, the specifics of jurisdiction,
liability, and remedies would depend on the applicable laws and procedures within Vatican City.
]
[QUERY 4: Describe KoS special ecclesiastical
approval.
The Knights of the Southern Cross (KoS) is a Catholic lay organization that operates in various parts of
Australia. The document provided indicates that the Knights of the Southern Cross have received official
accreditation from the Vatican as a Catholic lay organization. This accreditation likely involves
recognition by the Vatican authorities of the KoS's adherence to Catholic teachings, its organizational
structure, and its mission within the Church.
]
[special ecclesiastical approval
This special ecclesiastical approval signifies that the Knights of the
Southern Cross have been recognized by the Vatican as a legitimate and officially sanctioned Catholic
organization. It may confer certain privileges or responsibilities within the Church and could involve
endorsement or support from Church authorities. Such recognition underscores the KoS's role within the
Catholic community and its commitment to promoting the Church's values and objectives.]
https://www.thecourier.com.au/story/597572/no-regrets-after-37-years/ Ballarat Police Superintendent Paul Murnane
https://olmcsunbury.files.wordpress.com/2012/06/knights-brochure.pdf -- Knights of the Southern Cross officially accredited by the Vatican as a Catholic Lay Organisation.
The case mentioned involves an attempt to sue a foreign state (or an entity associated with it) more than once over the same or related issues. The court's decision to reject the second case could be based on several legal principles, including:
The Principle of Finality: Once a case is decided, it's generally considered final, preventing the same parties from litigating the same issue again.
Specific Limitations under Foreign State Immunity Laws: The laws may specifically limit the circumstances or the number of times a foreign state can be sued for the same issue.
Understanding the Decision:
The decision to reject the second case likely involves complex legal reasoning, including interpretations of the specific exemptions to immunity, the nature of the claims, and possibly the principle of res judicata (the matter has already been judged). Courts often have to balance respecting the sovereignty of foreign nations with the rights of individuals to seek redress for wrongs.
Impact on Similar Cases:
Cases involving allegations of abuse by organizations with international ties, such as religious institutions, can be particularly complex. These cases may involve navigating the intricacies of foreign state immunity, especially when trying to hold a foreign entity accountable in a domestic court. The outcome of such cases can set precedents and influence how similar cases are approached in the future.
In summary, the principle of foreign state immunity provides foreign nations with broad protection from being sued in other nations' courts, but there are exceptions. Understanding the specifics of these exceptions and how they apply to individual cases requires navigating a complex interplay of domestic and international law.
Seeded
FOREIGN STATES IMMUNITIES ACT 1985 - SECT 13 after a recent case in the US where the claimants second case was rejected and in the 35 page decision the nub of that appears that they were rejected because they were only allowed to sue them just the one time.
FOREIGN STATES IMMUNITIES ACT
1985
In
accordance with the Act, foreign states will not be granted immunity in certain cases. These include cases
involving:
commercial transactions
contracts of employment
personal injury and possession
use of property.
An Act to define the jurisdiction of
United States courts in suits against foreign states, the circumstances in which foreign states are immune
from suit and in which execution may not be levied on their property, and for other purposes.
The Guam
District Court found that the Holy See is absolved of certain responsibilities by the Foreign Sovereign
Immunities Act.
In a parliamentary democracy, the parliament enjoys the benefits of democracy, while the rest of us receive a
diluted and often inadequate form of representation. This representation is repeatedly influenced by the commercial
interests of
major corporations and institutions, aligning the entire country with their wants and philosophies.
The
people have never been given a
direct avenue to contribute meaningfully in the directions and decisions of their country despite this being
technically achievable. This is particularly evident in the context of a people of Australia directed and engaged
Bill of
Rights.
Here is an
enduring and enabling
opportunity for every Australian now and on into the future. There simply is not anything greater that we could
enable for our future generations.
The mind of a three-year-old child is as expansive as the universe. How we treat our children during these early years profoundly shapes their growth and development, ultimately shaping the world we live in. Make this the opportunity to put control of our destiny in the hands of the people on into the future.
Donate, always make time for good things to happen; you can do that here simply by participating.
See also:
Published: Thursday 30 May, 2024
Civil
and Political Rights, Commission – Government must seize the moment for a National Human Rights Act
Section 44 of the Constitution states:
44. Any person who –
(i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or
a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power:
shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives. more ...
The Reality Field Guide for this inclusive, evolving, living and enabling Bill of Rights for all Australians from now and on into the best possible future for all of us.
Putting Power in the Hands of the People
Addressing Modern-day Human Slavery in Australia
Addressing Discrimination and Inequality in Responses to Historical Abuse
Unveiling the Shadows: A Call for Justice and a Universal Bill of Rights in Australia
Take Action: Defend and Protect Australian Child Victims, Democracy and Justice
Proposal for Bill of Rights Concept
DRAFT 2 : Bill of Rights Concept : Open Letter to the Australian Public
DRAFT 1 : Bill of Rights Concept : Funding Proposal
A real opportunity for God to speak to the World
Time for an evolving Bill of Rights for Australia
RFG: Involvement, Engagement, Unity, and a Safe Protective Future
RFG: Accountability and responsibility of charities in providing care and justice to abuse survivors
RFG: Accountability and responsibility of charities in providing care and justice to abuse survivors
RFG: Foreign state has harmful impact on Mental Health of many Australians
RFG: Foreign State intrusions into Personal Injury, Health, Human Rights and more
RFG: Foreign State Immunity, Personal Injury and more
RFG: Career Cougers, Angel protectors or just Private School Mums
RFG: What would survivors of CSA by clergy need to get a human rights challenge mounted
RFG: Are we getting good Moral and Practical Value from our Charity Spend?
RFG: Compare the output from these AI
RFG: Do you really want to be this way in 2024?
RFG: 2024 Survivor's High Court challenge of the legitimacy of the Catholic Church
RFG: Can Medical and other Professionals become complicit in obstructing and perverting the course of justice in Australia?
RFG: Laws or Principles that could be legislated to bring a stop to sexual abuses by clergy
RFG: How the Catholic Church and religions have exploited Australia's charity sector and justice system to cover up their crimes of child abuse
RFG: Managing Failed Foreign Allegiances as a Step Towards a Child Safe World
RFG: A brief Critical Examination of Freedom of Religion
RFG: Constitutional Reform 3
RFG: Constitutional Reform 2
RFG: Constitutional Reform 1
RFG: Constitutional Reform
RFG: The Reality Field Guide: A hint of Justice
RFG: Advancing Parliamentary Pathways for Facilitating Disassociation from the Roman Catholic Church
Crimes of the State - State Violence - Abusing the People
Procedural Fairness Australian style
Perrottet unable to ensure the Sexual Safety of Children
What is due process?
Has Australia been a genuine Champion for the Human Rights of Children or have we failed every generation since 1924?
Your legal right to safety and security in Queensland and other state and territory public hospitals
On Assessing others and the foreign state of The Vatican
Reports: Rights of children in NI undermined by religion
This hostile foreign state protects rapists and blocks access to justice
A legal argument on treason as it is under Australian law
Our PM and Premiers have it Wrong and We Lose because of it
Allegiance to a foreign, soverign state
Following Power and Money via the Sovereign State of the Roman Catholic Religion
#TLC TheLongConversation
2023 Findings in Spain found that 0.6% of the population of Spain had been sexually abused by Roman Catholic priests and laity. Up to 50 million alive on any day who have been raped or abused by Catholic clergy &/or Catholic laity
Current world population is 8 billion - 0.6% = 48 million alive today who are likely to have been raped by Catholics globally.
The church protected the perpetrators, not the victims
"This is a matter for the church and I respect the internal judgements of the church. I don't stand outside the church and provide them with public lectures in terms of how they should behave. I've noted carefully what his Holiness has said in the United States. Obviously that was a source of great comfort and healing in the United States. I'm like all Australians very much looking forward to what the Pope has to say here in Australia as well, as I am to my own conversation with the Pope later this morning." Kevin Rudd, Prime Minister of Australia, 17 July 2008. more
If you found this information to be of assistance please don't forget to donate so that we can extend these information pages which are focused on providing knowledge and information to survivor/victims on their Human Rights with justice, compassion and empathy at the fore along with sound knowledge of Human Biology and Psychology, Human Evolution and Neuroscience. Information is not provided as legal or professional advice; it is provided as general information only and requires that you validate any information via your own legal or other professional service providers.
Wednesday, 22 June 2022 - I may not have this down syntax, word and letter perfect or
with
absolute precision in every aspect; however time and the evidence will show that I am closer to the truth than
any religion has been or will likely be.
Let history be the standard by which that is measured.
Youtube - listen to Commissioner Bob
Atkinson get it wrong - again
The Commissioner informs us that the clergy sexual abuse issue was all over and that it had only been a
small statistical glitch around the year 2000. History shows this to have been a display of absolute ignorance
on the issue ...
Makarrata : a better future for our children based on justice and self-determination. The Uluru Statement from the Heart. See Yours, mine and Australia's children. I acknowledge the Traditional People and their Ownership of Australia.
#FAQyMe #FAQyMeGene trauma informed human rights justice failed institutions UN Convention on Human Rights Rights of the Child and a Bill of Rights for Australia future evidence resilience not providing or representing a secular Australia autodidact religion human rights rights of the child justice for survivors of abuse by religious #RFG Reality Field Guide for an Evolving Bill of Rights Empowering Communities through Rights and Active Legislation Human Rights Living Bill of Rights Bill of Rights Field Guide Australian Bill of Rights Evolution Council (ABREC)
Hegemony: The authority, dominance, and influence of one group, nation, or society over another group, nation, or society; typically through cultural, economic, or political means.
.
Mother and baby home survivors on redress delay:
'They are playing a game of wait and die'
Consultants
reported more than 520 conflicts of interest during audit of Australian aged care
2024 is the year of Survivor's High Court challenge of the legitimacy of the Catholic Church and its religion on the basis of its primary allegiance and obedience to a foreign state.