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Discuss the effectiveness of Australian legal responses in enforcing human rights. - HSC - SSCE Legal Studies - Question 24 - 2021 - Paper 1
Question 24
Discuss the effectiveness of Australian legal responses in enforcing human rights.
Worked Solution & Example Answer:Discuss the effectiveness of Australian legal responses in enforcing human rights. - HSC - SSCE Legal Studies - Question 24 - 2021 - Paper 1
Step 1
Informed arguments for the effectiveness of Australian legal responses in enforcing human rights
Answer
Australia has a range of legal mechanisms that aim to protect and enforce human rights. The Australian Constitution itself includes several provisions (e.g., Section 51) that safeguard certain rights. Additionally, significant legislation such as the Human Rights Commission Act 1986 empowers the Australian Human Rights Commission (AHRC) to investigate and respond to complaints of human rights violations. This legislative framework reflects a commitment to enforcing human rights effectively within the legal system.
Step 2
Informed arguments against the effectiveness of Australian legal responses in enforcing human rights
Answer
Despite existing laws, enforcement can be problematic. For instance, the absence of a Bill of Rights at the federal level in Australia means that many rights are not legally enforceable. Cases like 'Dietrich v The Queen' (1992) highlight challenges as individuals may struggle to access legal assistance. The High Court's decisions show that while rights are recognized, their practical implementation can fall short, reflecting inconsistencies in the legal responses.
Step 3
Demonstrating a sound understanding of Australian legal responses in enforcing human rights
Answer
The role of the Australian Human Rights Commission is pivotal. It not only provides a framework for individuals to seek redress but also promotes public awareness regarding human rights. Furthermore, state and territory laws add layers of protection; for example, anti-discrimination acts operate at various levels. This multifaceted approach illustrates a comprehensive response to human rights enforcement.
Step 4
Examples of Australian legal responses to human rights
Answer
The introduction of the Migration Act 1958 (Cth) highlights a legislative effort to uphold human rights for refugees, aligning with international obligations under the Refugee Convention 1951. Similarly, the Sex Discrimination Act 1984 (Cth) ensures protection against gender-based discrimination, evidencing Australia's commitment to uphold human rights for all citizens.
Step 5
Making general statements about Australian legal responses AND/OR providing an example
Answer
Overall, while Australian legal responses to human rights demonstrate a commitment to protecting rights through various statutes and institutions, challenges remain in terms of accessibility and enforceability. Enhancing public understanding and legal support mechanisms could further improve the effectiveness of these responses.