Analyse the impact of state sovereignty on a contemporary human rights issue. - HSC - SSCE Legal Studies - Question 23 - 2024 - Paper 1

State sovereignty plays a pivotal role in the recognition, protection, and enforcement of human rights. It defines how nations govern themselves and the extent to which external entities can influence national laws and policies.

For instance, the case of slavery illustrates the complexities of sovereignty and human rights. Under the United Nations' Universal Declaration of Human Rights, every individual has the right to be free from slavery. However, countries may differ in their commitment to enforce this right.

A contemporary example is Australia, which ratified the 2000 Palermo Protocol by amending D. 270 of the Criminal Code 2005 to criminalize slavery practices. This shows a proactive stance in recognizing human rights. Nevertheless, the enforcement of such laws relies on national sovereignty which may vary across different states.

In contrast, North Korea exemplifies the challenges of sovereignty where the state actively violates the human rights of its citizens, particularly regarding human trafficking and forced labor. Despite international scrutiny, the sovereign status of North Korea allows it to resist external pressures, demonstrating how sovereignty can hinder global efforts to protect human rights.

Overall, while state sovereignty can empower a nation to uphold and protect human rights, it can also enable violations, particularly in regimes that prioritize control over humanitarian obligations.