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Identify ONE human right recognised by Australian law, and outline how this human right is protected by Australian law - HSC - SSCE Legal Studies - Question 16 - 2003 - Paper 1
Question 16
Identify ONE human right recognised by Australian law, and outline how this human right is protected by Australian law. Identify ONE human right recognised by inter... show full transcript
Worked Solution & Example Answer:Identify ONE human right recognised by Australian law, and outline how this human right is protected by Australian law - HSC - SSCE Legal Studies - Question 16 - 2003 - Paper 1
Step 1
Identify ONE human right recognised by Australian law, and outline how this human right is protected by Australian law.
Answer
One human right recognised by Australian law is the right to freedom of speech. This right is protected primarily through common law, which has developed over time to uphold the principle of open discourse. Additionally, Section 118 of the Australian Constitution provides certain provisions that safeguard free speech in the context of political communication. Furthermore, various anti-discrimination laws, such as the Australian Human Rights Commission Act 1986, also contribute to protecting this right by prohibiting unlawful discrimination that may suppress free expression.
Step 2
Identify ONE human right recognised by international law, and outline how this human right is protected by international law.
Answer
One human right recognised by international law is the right to a fair trial, as outlined in Article 10 of the Universal Declaration of Human Rights. This right is protected through various international treaties, such as the International Covenant on Civil and Political Rights (ICCPR). The ICCPR obliges state parties to ensure that every individual is entitled to a fair and public hearing by a competent, independent, and impartial tribunal established by law, thereby reinforcing judicial independence and due process.
Step 3
Assess the effectiveness of domestic and international legal measures in protecting human rights.
Answer
The effectiveness of domestic legal measures in protecting human rights can vary significantly. In Australia, while there are robust legal frameworks in place, challenges remain concerning the enforcement of these rights, particularly for marginalized communities such as Indigenous Australians. Internationally, while treaties like the ICCPR set a global standard for human rights, enforcement can be inconsistent due to the need for state compliance. Moreover, mechanisms such as the United Nations Human Rights Council play a crucial role in monitoring and holding countries accountable, but their influence can be limited by political considerations. Thus, while both domestic and international measures provide foundational protection for human rights, their effectiveness often hinges on political will, social awareness, and the engagement of civil society.