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Why is the ratification of international agreements important in protecting human rights in Australia? A - HSC - SSCE Legal Studies - Question 18 - 2019 - Paper 1
Question 18
Why is the ratification of international agreements important in protecting human rights in Australia? A. It allows domestic laws to incorporate protections. B. It ... show full transcript
Worked Solution & Example Answer:Why is the ratification of international agreements important in protecting human rights in Australia? A - HSC - SSCE Legal Studies - Question 18 - 2019 - Paper 1
Step 1
A. It allows domestic laws to incorporate protections.
Answer
The ratification of international agreements provides a framework for incorporating protections into domestic legislation. By doing so, these rights can be recognized and enforced within Australia's legal system, ensuring that they are applicable in cases of human rights violations.
Step 2
B. It incorporates protections directly into domestic law.
Answer
One of the key reasons for ratification is that it allows certain international norms and standards to be directly integrated into Australian law. This results in enhanced legal recognition of human rights, making it easier for individuals to claim these rights in court.
Step 3
C. It allows the High Court to enforce Australia’s Constitution.
Answer
While the High Court has the authority to interpret the Constitution, the ratification of international agreements primarily serves to supplement, rather than enforce, constitutional provisions related to human rights.
Step 4
D. It allows non-government organisations to provide legal remedies.
Answer
Ratifying international agreements can empower non-governmental organizations (NGOs) to advocate for human rights protections and assist individuals in seeking legal remedies, thereby enhancing the role of civil society in safeguarding human rights.