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Discuss the effectiveness of Australian legal responses in enforcing human rights. - HSC - SSCE Legal Studies - Question 24 - 2021 - Paper 1
Question 24
Discuss the effectiveness of Australian legal responses in enforcing human rights.
Worked Solution & Example Answer:Discuss the effectiveness of Australian legal responses in enforcing human rights. - HSC - SSCE Legal Studies - Question 24 - 2021 - Paper 1
Step 1
Provide informed arguments for and against the effectiveness of Australian legal responses in enforcing human rights.
Answer
Australian legal responses have been both effective and ineffective in enforcing human rights. On the effective side, key legislation such as the Australian Human Rights Commission Act 1986 and the Sex Discrimination Act 1984 provide a framework for addressing grievances related to human rights violations. The Australian Human Rights Commission (AHRC) plays a crucial role in investigating complaints and promoting human rights awareness across the nation.
On the other hand, criticisms arise regarding the limitations of these responses. The High Court of Australia has ruled that the rights enforced are not absolute and can be subject to limitations imposed by law. For instance, not all rights are enforceable, and the lack of a comprehensive Bill of Rights means that human rights claims can be undermined by other legislative priorities.
Step 2
Demonstrate a thorough understanding of Australian legal responses in enforcing human rights.
Answer
A thorough understanding of Australian legal responses involves recognizing the dual nature of legislative and common law frameworks. While the nation does not have a single, overarching Bill of Rights, various statutes work collectively to safeguard specific rights. This piecemeal approach inherently makes enforcement inconsistent. Legal cases such as Mabo v Queensland (No 2) (1992) highlighted Indigenous land rights, while reforms to anti-discrimination laws have shown progress, yet shortcomings remain in effectively addressing all human rights concerns.
Step 3
Demonstrate a sound understanding of Australian legal responses in enforcing human rights.
Answer
The understanding of Australian legal responses reflects a legal system that incorporates international conventions into domestic law through statutes. For example, Australia's obligations under the Refugee Convention are facilitated by the Migration Act 1958. Moreover, while the AHRC provides advocacy and monitoring, the effectiveness of these legal processes can often depend on the willingness of the government to act on the recommendations made.
Step 4
Make general statements about Australian legal responses and/or human rights.
Answer
Australian legal responses to human rights have evolved over time. They are significantly influenced by political contexts and societal attitudes toward human rights issues. As a result, while some legal frameworks operate effectively, others may lag behind in offering adequate protection and enforcement.
Step 5
May provide an example.
Answer
One pertinent example is the enforcement of maritime laws concerning asylum seekers. The Australian government’s policies on boat arrivals, which involve offshore processing, raise significant human rights concerns regarding the treatment of refugees and asylum seekers. Critically, these responses are often criticized for not aligning with international human rights standards.