Discuss the effectiveness of Australian legal responses in enforcing human rights. - HSC - SSCE Legal Studies - Question 24 - 2021 - Paper 1

Australian legal responses provide a foundation for protecting human rights. The establishment of the Australian Human Rights Commission (AHRC) serves as a key mechanism for addressing human rights complaints and promoting awareness. Moreover, decisions made by the High Court, such as in cases like Dietrich v The Queen (1992), highlight the judiciary's role in enforcing rights, particularly the right to a fair trial.

Despite these frameworks, there are notable limitations. Unlike other countries, Australia does not have a Bill of Rights, which means that human rights protections can be less comprehensive. Additionally, enforcement is often dependent on individuals putting forth complaints, which can deter victims from seeking justice due to fear of reprisal or lack of resources.

An illustrative case is the Mabo v Queensland (No 2) (1992), which recognized the land rights of Indigenous Australians, significantly changing the legal landscape regarding native title. This case exemplifies the positive impact of legal responses in affirming human rights, although ongoing challenges remain.

In conclusion, while Australian legal responses have established a framework for protecting human rights, they face challenges in effectiveness and enforcement. The legal system requires ongoing reform and commitment to ensure all individuals can access their rights fully and without barrier.