Page:Faruqi v Hanson (2024, FCA).pdf/36

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country, compared to non-Muslim women. After experiencing this form of racism, 33.8% of Muslim women who were surveyed (compared to 24.2% of non-Muslim women) were above the threshold for high or very high psychological distress.

128 The survey showed that even Indigenous Australians are often subject to that form of racism. In a survey among 755 Aboriginal Australians in communities across Victoria in 2011, two thirds of participants reported being told that they do not belong or that they should "go home" or "get out."

129 Professor Paradies explained that vicarious racism, also known as secondary racism or second-hand racism, refers to a form of racism experienced by individuals who are not directly targeted but, instead, witness, learn of after-the-fact, or indirectly encounter racism directed at others. Vicarious racism has been associated with anxiety, depression, stress, trauma symptoms and other socioemotional and mental health outcomes.

130 Professor Paradies was instructed that the relevant "Group Attributes" were: persons of colour, migrants to Australia, persons with migrant heritage born in Australia, persons who by virtue of their appearance have been incorrectly identified as migrants, Muslim people, persons with visible signs or expressions of religion, persons who have been told to "go back to where you came from" or variations of that phrase due to their race, colour national or ethnic origin, and persons who have experienced racism. He said that a person who shared one or some of the Group Attributes and read Senator Hanson's tweet is likely to be negatively impacted via vicarious racism, with one or more of the immediate sequelae of racism likely to ensue, viz. shock, denial, anger, rage, frustration, fear, anxiety, guilt, shame, sadness, suppression, distress, and so on.

131 That opinion of Professor Paradies was challenged in cross-examination. Professor Paradies explained that Senator Hanson's tweet is an example of "a fairly strong form of racism–it's exclusionary, and it's very much about who belongs and who doesn't belong." For that reason, he said that the tweet would be likely to have a negative impact on people who had experienced a similar thing themselves.

132 He explained that the extent to which they would be negatively impacted would depend on a number of factors such as their previous experiences of racism, especially this form of "go back to where you came from" racism, the potential for and history of exclusion from public life to


Faruqi v Hanson [2024] FCA 1264
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