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When are disputes over the human rights of an individual within Australia best protected by international treaties? (A) When the High Court hears the dispute after the Commonwealth Government has ratified the treaty (B) When the High Court hears the dispute after Australia has voted for the treaty in the United Nations (C) When the International Court of Justice hears the dispute between the Australian Government and the individual (D) When the High Court hears the dispute after the Commonwealth Parliament has incorporated the treaty into our domestic law - HSC - SSCE Legal Studies - Question 6 - 2004 - Paper 1
Question 6
When are disputes over the human rights of an individual within Australia best protected by international treaties? (A) When the High Court hears the dispute after ... show full transcript
Worked Solution & Example Answer:When are disputes over the human rights of an individual within Australia best protected by international treaties? (A) When the High Court hears the dispute after the Commonwealth Government has ratified the treaty (B) When the High Court hears the dispute after Australia has voted for the treaty in the United Nations (C) When the International Court of Justice hears the dispute between the Australian Government and the individual (D) When the High Court hears the dispute after the Commonwealth Parliament has incorporated the treaty into our domestic law - HSC - SSCE Legal Studies - Question 6 - 2004 - Paper 1
Step 1
When the High Court hears the dispute after the Commonwealth Parliament has incorporated the treaty into our domestic law
Answer
To ensure that disputes over human rights are effectively protected by international treaties, it is essential that these treaties be incorporated into domestic law. This incorporation provides individuals with legal grounds to assert their rights in local courts. This means that the High Court of Australia can adjudicate on these disputes, ensuring that international obligations are enforceable within the domestic legal framework. Thus, option D is correct because it underscores the importance of domestic legal mechanisms in implementing international treaty obligations.