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Identify ONE human right recognised by Australian law, and outline how this human right is protected by Australian law - HSC - SSCE Legal Studies - Question 16 - 2003 - Paper 1
Question 16
Identify ONE human right recognised by Australian law, and outline how this human right is protected by Australian law. Identify ONE human right recognised by inter... show full transcript
Worked Solution & Example Answer:Identify ONE human right recognised by Australian law, and outline how this human right is protected by Australian law - HSC - SSCE Legal Studies - Question 16 - 2003 - Paper 1
Step 1
Identify ONE human right recognised by Australian law, and outline how this human right is protected by Australian law.
Answer
One key human right recognized by Australian law is the right to free speech. This right is primarily protected under the implied freedom of political communication derived from the Constitution of Australia. The High Court of Australia has interpreted this freedom as essential for the maintenance of a democratic society, thereby restraining the government from enacting laws that unduly restrict this right. For instance, laws that limit public protest or free expression in a political context may be challenged on constitutional grounds.
Step 2
Identify ONE human right recognised by international law, and outline how this human right is protected by international law.
Answer
A fundamental human right recognized by international law is the right to life, protected under the Universal Declaration of Human Rights (UDHR), specifically Article 3, which asserts that everyone has the right to life, liberty, and security of person. Various international treaties, such as the International Covenant on Civil and Political Rights (ICCPR), further safeguard this right by obligating states to respect and ensure to all individuals the inherent right to life. Violations can lead to international scrutiny and accountability measures.
Step 3
Assess the effectiveness of domestic and international legal measures in protecting human rights.
Answer
The effectiveness of domestic and international legal measures in protecting human rights varies significantly across different contexts. Domestically, Australia has robust legal frameworks, including anti-discrimination laws and constitutional protections, but challenges remain in areas like indigenous rights and refugee treatment. Conversely, international laws provide a global standard for human rights protection, yet their enforcement can be inconsistent due to issues of sovereignty and political will. Mechanisms like the International Criminal Court (ICC) have the potential to hold violators accountable, but their effectiveness is often hampered by limited jurisdiction and reliance on state cooperation. Overall, while frameworks exist, the actual protection of human rights necessitates continual advocacy and reform.