Assoc Prof Paula Gerber - Researcher Profile

Paula Gerber

Address

Faculty of Law
PO Box 12, Clayton

Contact Details

Tel: +61 3 990 55085

Email: Paula.Gerber@monash.edu.au


Biography

Australia plays catch-up on human rights education

Increasing the understanding and appreciation of the importance of human rights in society rests on better educating our children. That is the passionate belief of human rights lawyer and former Australian businesswoman of the year Dr Paula Gerber. Her research into issues of social justice, equality, universal human rights and the rights of the child underpins her campaign to have human rights embedded in the Australian school curriculum at all levels.

A trip to war-torn Kosovo in 2001 fuelled Paula’s commitment to human rights education. She realised that children in Kosovo had a better understanding of human rights and the workings of the United Nations than their Australian counterparts. 

Paula believes it is critical that children of all ages learn about human rights at school. Knowledge of human rights is critical to understanding so many issues currently being debated. These include same-sex marriage, whether Australia should have a bill of rights, the legalisation of euthanasia and Australia’s policy towards asylum-seekers.

She also believes education is the best way of preventing human rights abuses. It is a subject she has researched at length during the past three years, with the assistance of a $30,000 grant from the Geneva Academy of International Humanitarian Law and Human Rights.

“I believe human rights should be embedded across the whole curricula,” she says. “It should be integrated in all subjects such as English, history, civics and the study of society.” Her research will shortly be published as a book by a leading academic publisher, Edward Elgar.

Paula is a Deputy Director of Monash University’s acclaimed Castan Centre for Human Rights Law, where she actively promotes human rights education. She has recently been involved in meetings between the Australian Human Rights Commission and the Australian Curriculum, Assessment and Reporting Authority to discuss how human rights can be incorporated into the new curriculum. She also sits on the board of the Victorian Equal Opportunity and Human Rights Commission, which is the statutory board responsible for promoting human rights in Victoria.
 
“We are currently debating all these issues that human rights are fundamental to, yet our children don’t have the basic understanding of human rights at their fingertips because they don’t learn about them at school, unlike children in many other countries. To have a human rights-respecting society, it is essential that everyone is exposed to these universal principles. Children need to understand human rights as readily as they understand the rules for footy or soccer.”

Paula came to the field of human rights after many years as a lawyer in the tough, male-dominated field of construction law, where she worked on resolving disputes at major projects. She continues to work across both fields, including hearing building cases as a member and mediator at the Victorian Civil and Administrative Tribunal. She happily teaches, researches and writes in both human rights and construction law and has published numerous journal articles and book chapters in both areas.

Keywords

human rights law, construction law, children's rights, same-sex marriage

Qualifications

PHD
Institution: University of Melboure
Year awarded: 2008
LLM (INTERNATIONAL & COMPARATIVE LAW)
Institution: Monash University
Year awarded: 2002
M.SC
Institution: King's College, London University
Year awarded: 1991
LLB
Institution: Queensland University of Technology
Year awarded: 1986

Publications

Books

Gerber, P., Castan, M. (eds), 2013, Contemporary Perspectives on Human Rights Law in Australia, Thomson Reuters, Sydney Australia.

Gerber, P., Sifris, A. (eds), 2010, Current Trends in the Regulation of Same-Sex Relationships, The Federation Press, Annandale NSW.

Gerber, P., 2008, From Convention to Classroom: The Long Road to Human Rights Education. Measuring States' Compliance with International Law Obligations Mandating Human Rights Education, VDM, Saarbrucken Germany.

Book Chapters

Gerber, P., Sifris, A.R., 2013, Marriage equality in Australia, in Contemporary Perspectives on Human Rights Law in Austrloa, eds Paula Gerber and Melissa Castan, Thomson Reuters, Sydney Australia, pp. 199-221.

Gerber, P., McCarthy, B., 2011, Construction, in Australasian Dispute Resolution, eds Tania Sourdin, Thomson Reuters, Pyrmont NSW Australia, pp. 4001-4804.

Gerber, P., 2011, Dispute avoidance, management and resolution, in Construction Law in Australia, eds Ian Bailey and Matthew Bell, Thomson Reuters, Pyrmont NSW Australia, pp. 301-315.

Sifris, A., Gerber, P., 2011, It makes no sense: adoption by same-sex couples in Australia, in Speak Now: Australian Perspectives on Same-Sex Marriage, eds Victor Marsh, Clouds of Magellan, Melbourne Vic Australia, pp. 211-221.

Gerber, P., 2010, Do states have an obligation under international law to provide human rights education?, in An Introduction to International Human Rights Law, eds Azizur Rahman Chowdhury and Md. Jahid Hosain Bhuiyan, Martinus Nijhoff, Leiden, The Netherlands, pp. 219-235.

Gerber, P., 2010, Growing a better future through human rights education, in Future Justice, eds Helen Sykes, Future Leaders, Melbourne, Vic, Australia, pp. 189-207.

Gerber, P., 2010, Human rights education: a slogan in search of a definition, in Research Handbook on International Human Rights Law, eds Sarah Joseph and Adam McBeth, Edward Elgar Publishing, Cheltenham, UK, pp. 541-566.

Gerber, P., 2010, The best interests of children in same-sex families, in Current Trends in the Regulation of Same-Sex Relationships, eds Paula Gerber, Adiva Sifris, Federation Press, Leichhardt, NSW, Australia, pp. 28-42.

Gerber, P., Sifris, A., 2010, The wind of change is blowing, in Current Trends in the Regulation of Same-Sex Relationships, eds Paul Gerber, Adiva Sifris, Federation Press, Leichhardt, NSW, Australia, pp. 1-7.

Gerber, P., 2009, Scientific experimentation on animals: Are Australia and New Zealand implementing the 3Rs, in Animal Law in Australasia, eds Peter Sankoff and Steven White, Federation Press, Leichhardt NSW, pp. 212-229.

Gerber, P., 2008, From Convention to Classroom. The Long Road to Human Rights Education, in Acting Human Rights in Education: Exploration, Innovation and Transformation, eds Christopher Newell and Baden Offord, Australian College of Educators, Deakin West ACT, pp. 29-40.

Journal Articles

Gerber, P., 2012, Alliances and dispute review boards: best friends or worst enemies?, Australian Journal of Civil Engineering [P], vol 10, issue 1, Engineers Media for Engineers Australia, Crows Nest NSW Australia, pp. 57-66.

Gerber, P., Ong, B., 2012, Look before you leap: avoiding the traps and maximising the benefits of your DRB, Construction Law Journal [P], vol 28, issue 4, Sweet & Maxwell Ltd, London UK, pp. 310-337.

Gerber, P., Castan, M., 2012, Practice meets theory: using moots as a tool to teach human rights law, Journal of Legal Education [P], vol 62, issue 2, Association of American Law Schools, Los Angeles USA, pp. 298-310.

Gerber, P., Ong, B., 2012, Should DAPs be included in standard form contracts?, Australian Construction Law Newsletter [P], vol 143, Swap Exchange Pty Ltd, Sydney NSW Australia, pp. 6-20.

Gerber, P., 2012, The new Optional Protocol to the convention on the Rights of the Child: 10 things you should know, Alternative Law Journal [P], vol 37, issue 2, Legal Service Bulletin Co-Operative Ltd, Clayton Vic Australia, pp. 111-115.

Denehy, T., Gerber, P., 2012, What constitutes world's best practice for dispute avoidance in standard form contracts?, Building and Construction Law Journal [P], vol 28, issue 4, Lawbook Co, Pyrmont NSW Australia, pp. 266-281.

Gerber, P., Ong, B., 2011, 21 today! Dispute review boards in Australia: past, present and future, Australasian Dispute Resolution Journal [P], vol 22, issue 3, Thomson Reuters, Pyrmont NSW Australia, pp. 180-191.

Gargett, A., Gerber, P., Castan, M., 2011, A right to birth registration in the Victorian Charter? Seek and you shall not find!, Monash University Law Review [P], vol 36, issue 3, Monash University, Clayton Vic Australia, pp. 1-32.

Gerber, P., Serra, D.M., 2011, Construction litigation: are we doing it better?, Melbourne University Law Review [E], vol 35, issue 3, Melbourne University Law Review Association Inc, Melbourne Australia, pp. 933-971.

Gerber, P., Ong, B., 2011, DAPs: a flash in the pan or here to stay?, Australian Construction Law Newsletter [P], vol 23, issue 8/9, University of Technology, Sydney, Sydney NSW Australia, pp. 122-129.

Gerber, P., Ong, B., 2011, DAPs: when will Australia jump on board?, Building and Construction Law Journal [P], vol 27, issue 1, Thomson Reuters, Sydney NSW, pp. 4-29.

Ong, B., Gerber, P., 2011, Dispute Avoidance Processes (DAPs) in Australia - Bringing the future into the present, Australian Construction Law Newsletter [P], vol 141, University of Technology, Sydney, Sydney NSW Australia, pp. 51-58.

Gerber, P., Gargett, A., Castan, M., 2011, Does the right to birth registration include a right to a birth certificate?, Netherlands Quarterly of Human Rights [P], vol 29, issue 4, Intersentia, Utrecht The Netherlands, pp. 434-459.

Gerber, P., 2011, Education about human rights: strengths and weaknesses of the UN Declaration on Human Rights education and training, Alternative Law Journal [P], vol 36, issue 4, Legal Service Bulletin Co-operative, Clayton Vic Australia, pp. 245-249.

Gerber, P., Ong, B., 2011, Feeling combative? Let's dance, Law Institute Journal [P], vol 85, issue 12, Law Institute of Victoria, Melbourne Vic Australia, pp. 32-35.

Castan, M., Gerber, P., Gargett, A., 2011, Indigenous Australians' access to birth registration systems: a breach of international human rights law?, Australian Journal of Human Rights [P], vol 17, issue 1, LexisNexis Butterworths, Chatswood Vic Australia, pp. 55-89.

Gerber, P., Chen, B., 2011, Recognition of the human right to water: has the tide turned?, Alternative Law Journal [P], vol 36, issue 1, Legal Service Bulletin Co-Operative Ltd, Clayton Vic Australia, pp. 21-26.

Sifris, A., Gerber, P., 2011, Same-sex marriage in Australia: a battleground for equality, Australian Journal of Family Law [P], vol 25, issue 2, LexisNexis, Chatswood NSW Australia, pp. 96-120.

Gerber, P., Sifris, A., 2011, Time to amend the Marriage Act, Law Institute Journal [P], vol 85, issue 7, Law Institute of Victoria Ltd, Melbourne Vic Australia, p. 35.

Sifris, A., Gerber, P., 2011, Victorian Court circumvents prohibition on adoption by same-sex couple, Australian Journal of Family Law [P], vol 25, issue 3, LexisNexis Butterworths, Chatswood VIC Australia, pp. 275-283.

Ong, B., Gerber, P., 2010, Dispute boards: is there a role for lawyers?, Construction Law International [P], vol 5, issue 4, International Bar Association, London, UK, pp. 7-12.

Gerber, P., 2010, The teaching of construction law and the practice of construction law: never the twain shall meet?, Legal Education Review [P], vol 20, issue 1 and 2, Australasian Law Teachers Association, Lindfield, NSW, Australia, pp. 59-84.

Gerber, P., 2009, How to Stop Engineers from Becoming Bush Lawyers: The Art of Teaching Law to Engineering and Construction Students, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction [P], vol 1, issue 4, American Society of Engineers, Reston Virginia USA, pp. 179-188.

Sifris, A.R., Gerber, P., 2009, Jack & Jill or Jack & Bill: The Case for Same-sex Adoption, Alternative Law Journal [P], vol 34, issue 3, Legal Service Bulletin Co-operative Ltd, Melbourne Victoria, pp. 168-172.

Gerber, P., 2009, Making indigenous Australians 'disappear': Problems arising from our birth registration systems, Alternative Law Journal [P], vol 34, issue 3, Legal Services Bulletin Co-operative Ltd, Melbourne Victoria, pp. 157-162.

Gerber, P., 2009, Making visible the problem of invisibility, Law Institute Journal [P], vol 83, issue 10, Law Institute of Victoria Ltd, Melbourne Victoria, pp. 52-55.

Gerber, P., 2007, The Hitch Hiker's Guide to the New United Nations Human Rights Council, The Flinders Journal of Law Reform, vol 10, issue 2, Flinders University, Adelaide SA, pp. 241-269.

Gerber, P., 2006, Construction law and human rights - building a bridge between two disciplines, Law Institute Journal, vol 80, issue 8, Law Institute of Victoria Ltd, Melbourne Vic Australia, pp. 48-51.

Gerber, P., 2006, Human rights reform in the United Nations: the good, the bad and the ugly, Alternative Law Journal, vol 31, issue 2, Legal Service Bulletin Co-operative Ltd, Clayton Vic Australia, pp. 88-92.

Gerber, P., 2005, Burning down the House to roast the pig: the High Court retains advocates' immunity, University of New South Wales Law Journal, vol 28, issue 3, The University of New South Wales, Sydney NSW Australia, pp. 646-667.

Gerber, P., Mailman, B., 2005, Construction litigation: can we do it better, Monash University Law Review, vol 31, issue 2, Monash University, Vic Australia, pp. 237-257.

Gerber, P., 2004, Black Rights/White Curriculum: Human Rights Education for Indigenous People, Deakin Law Review, vol 9, issue 1, Deakin University, Burwood Vic Australia, pp. 61-90.

Sullivan, R., Gerber, P., Wood, C., 2002, A Multinational Organisation?s Approach to Multinational Corporations, Journal of Research for Consumers, vol 2002, issue 3, University of Western Australia Business School, Crawley WA, pp. 32-41.

Gerber, P., 2001, Dispute Avoidance Procedures, International Construction Law Review, vol 18, issue 1, Lloyd's of London Press, Essex UK, p. 122.

Gerber, P., 2000, South Africa: Constitutional Protection for Homosexuals - a Brave Initiative, but is it working?, Australasian Gay and Lesbian Law Journal, vol 2000, issue 9, Federation Press, Annandale NSW, pp. 37-57.

Conference Proceedings

Gerber, P., 2007, The 4th R: human rights education, Human Rights 2006: The Year in Review, 1 December 2006, Castan Centre for Human Rights Law, Monash University Vic Australia, pp. 191-209.

Postgraduate Research Supervisions

Current Supervision

Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
A critical comparative examination of the extent to which youth justice conferencing programmes in New South Wales, Victoria, South Australia and the Northern Territory `work? and are children?s rights compliant.
Supervisors:
Freiberg, A (Main), Gerber, P (Associate).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
All the way to the UN: Is petitioning a UN human rights treaty-body worthwhile?.
Supervisors:
Gerber, P (Main).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Building God's Temple: Local planning regulations, places of workship and religious freedom in Australia..
Supervisors:
Gerber, P (Main).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Dispute Review Boards: When will the Australian Construction Industry join the Global Trend?.
Supervisors:
Gerber, P (Main), Sourdin, T (Joint).
Program of Study:
(MASTER'S BY RESEARCH).
Thesis Title:
Is Jumps Racing Illegal?.
Supervisors:
Gerber, P (Main).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
To be or not to be property? The weak foundations of the current legal status of animals and alternative models for recognising animals within the legal framework.
Supervisors:
Gerber, P (Joint-co), Kyriakakis, J (Joint).