'The law aims to protect human rights - HSC - SSCE Legal Studies - Question 23 - 2016 - Paper 1

Human rights are protected by both international and domestic law. However, there are frequent instances where these laws are inadequately enforced in practice, which limits the protection of human rights.

For instance, the case of asylum seekers attempting to enter Australia illustrates the ongoing challenges in enforcing human rights laws. Although international law provides a framework for the protection of asylum seekers—most notably through the Universal Declaration of Human Rights and the Refugee Convention—Australia's domestic policies sometimes impede the enforcement of these rights.

Under international law, individuals have the right to seek asylum; however, Australia's doctrine of state sovereignty can restrict this right. This is evident in the Migration Act 1958 (Cth), which mandates that asylum seekers be sent to offshore processing locations. Consequently, those arriving by boat without a visa face mandatory detention, which impacts their rights and freedom.

Additionally, while the High Court of Australia has ruled that the law permits such offshore detention, it raises concerns regarding its alignment with international human rights obligations. Thus, while laws exist to protect human rights, their implementation can be inconsistent, leading to significant gaps in enforcement.

In summary, despite the existence of robust legal frameworks, systemic issues and policy decisions can hinder the effective enforcement of human rights protections, as demonstrated through the ongoing struggles faced by asylum seekers in Australia.