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Which of the following is both a legally protected right in Australia and a human right? (A) Education for all (B) Paid maternity leave (C) Property ownership (D) Suing for damages - HSC - SSCE Legal Studies - Question 3 - 2004 - Paper 1

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Which-of-the-following-is-both-a-legally-protected-right-in-Australia-and-a-human-right?--(A)-Education-for-all-(B)-Paid-maternity-leave-(C)-Property-ownership-(D)-Suing-for-damages-HSC-SSCE Legal Studies-Question 3-2004-Paper 1.png

Which of the following is both a legally protected right in Australia and a human right? (A) Education for all (B) Paid maternity leave (C) Property ownership (D) S... show full transcript

Worked Solution & Example Answer:Which of the following is both a legally protected right in Australia and a human right? (A) Education for all (B) Paid maternity leave (C) Property ownership (D) Suing for damages - HSC - SSCE Legal Studies - Question 3 - 2004 - Paper 1

Step 1

Identify the Rights

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Answer

To answer the question, we first need to determine which options represent both legally protected rights in Australia and recognized human rights.

Step 2

Evaluate Option (A): Education for all

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Answer

Education for all is recognized as a fundamental human right under international law, particularly through instruments like the Universal Declaration of Human Rights. In Australia, there are legal provisions ensuring access to education, making this option legally protected as well.

Step 3

Evaluate Option (B): Paid maternity leave

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Answer

While paid maternity leave is increasingly recognized as a significant labor right, it is not universally regarded as a human right. In Australia, it is not protected as a legal right in the same manner as some other alternatives.

Step 4

Evaluate Option (C): Property ownership

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Answer

Property ownership is recognized in various legal systems, including Australia. However, it is often viewed more as a civil right rather than a fundamental human right under international law, thus not fully answering the question.

Step 5

Evaluate Option (D): Suing for damages

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Answer

The right to sue for damages is a legal right available in Australia. However, it does not align with the broader conception of a human right as stipulated in international human rights frameworks.

Step 6

Conclusion

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Answer

Based on the evaluation of the options, the correct answer is (A) Education for all, as it meets the criteria of being both a legally protected right in Australia and a recognized human right.

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