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Question 21
Outline how international human rights are incorporated into Australian domestic law.
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Answer
International human rights are incorporated into Australian domestic law primarily through the legislative process. This occurs when either federal or state parliaments enact statutes that reflect the principles outlined in international treaties. For instance, specific laws may be based on obligations set out in treaties such as the International Covenant on Civil and Political Rights (ICCPR) or the Convention on the Rights of the Child (CRC).
Furthermore, judges in Australian courts, particularly the High Court, may reference international law in their decisions. This practice allows the judiciary to interpret domestic laws in line with international human rights standards, thereby embedding these principles into the fabric of Australian law.
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