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Australian Judge Rejects Prisoner's Human Rights Battle for Vegemite

澳洲法官駁回受刑人爭取食用維吉麥的人權訴訟

#Australia#law#prisons#human rights#food
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An Australian prisoner serving a life sentence has lost a legal challenge to eat Vegemite, even after a judge agreed that banning the food limited his cultural rights. Andre McKechnie, 55, argued at the Supreme Court of Victoria that being denied the popular yeast spread breached his right under the state's human rights charter to enjoy his culture as an Australian.

being denied= 「被拒絕給予 / 無法獲得」。由 being 加上過去分詞構成的被動動名詞,表示某物或權利被剝奪的狀態。

Justice Claire Harris accepted that withholding the salty spread affected McKechnie's cultural rights. However, she ruled that the 20-year ban across Victoria's 12 prisons was justified to keep illicit drugs and alcohol out of correctional facilities. Prison officials testified that Vegemite could interfere with drug sniffer dogs and could be used to help ferment homemade alcohol.

interfere with= 「干擾、妨礙」。動詞片語,指阻礙某人或某事物正常發揮作用。

McKechnie, who represented himself by video link from maximum-security Barwon Prison, argued that neighboring New South Wales allows Vegemite in its prisons, showing that less strict options were available. He also told the court that being denied the spread made him feel sad and disconnected from his culture and community. Justice Harris noted that his imprisonment, rather than the absence of Vegemite, was the primary cause of that separation.

rather than= 「而不是、非」。用來對比兩件事物,強調前者才是真實或主要的情況,排除後者。

Vegemite, a dark, salty paste made from beer brewing byproducts, is an iconic part of Australian culture and is found in more than 80 percent of homes across the country. Despite its national status, the court decided that prison safety and drug control outweighed the inmate's cultural claim.

學習筆記

文法整理

句型意思
being denied「被拒絕給予 / 無法獲得」。由 being 加上過去分詞構成的被動動名詞,表示某物或權利被剝奪的狀態。
interfere with「干擾、妨礙」。動詞片語,指阻礙某人或某事物正常發揮作用。
rather than「而不是、非」。用來對比兩件事物,強調前者才是真實或主要的情況,排除後者。

詞彙整理

單字意思
breached違反法律、契約、承諾或應盡義務的行為;未履行承諾或義務。
iconic具有代表性、辨識度高,足以成為某個時代、文化或品牌象徵的
illicit不合法的;法律所禁止的
justified提出理由或證據,證明某人的行為、想法或某件事是合理或正確的。
outweighed比……重;重量超過……

延伸學習

  • •維吉麥(Vegemite)是由啤酒釀造酵母萃取物製成的澳洲傳統鹹味抹醬,在當地被視為重要的國家文化象徵,因此受刑人主張其為憲章保障的「文化權利」而非單純的飲食喜好。
  • •在法律語境中,「breach」是一個正式用語,專指違反或侵害法律、合約或權利(例如 breach of contract 違約、breached his right 侵犯權利)。
  • •「represented himself」指在法庭上沒有聘請律師,而是親自為自己辯護(即本人訴訟)。

練習

測試你剛學到的內容。

  1. Despite its national status, the court decided that prison safety and drug control   the inmate's cultural claim.

  2. Why did the court decide to uphold the ban on Vegemite in Victorian prisons?

Source: NPR