'The law aims to protect human rights - HSC - SSCE Legal Studies - Question 23 - 2016 - Paper 1

Human rights are protected by both international and domestic law. However, there are significant challenges that limit the enforcement of these rights in practice. One notable contemporary issue is the treatment of asylum seekers, particularly in Australia.

Under international law, individuals have the right to seek asylum, as outlined in the Universal Declaration of Human Rights (1948) and the Refugee Convention (1951). These international frameworks aim to ensure that those fleeing persecution have a safeguard in place. Nevertheless, the reality is that many asylum seekers face barriers due to restrictive national policies.

For example, Australia's approach to asylum seekers has attracted criticism due to its mandatory detention policies, which often lead to prolonged periods of detention in offshore facilities. This practice raises serious concerns about the human rights of individuals who may be seeking safety. The High Court has ruled that while the legislation allows this detention, it may not always align with the principles established under international human rights law.

Furthermore, the doctrine of state sovereignty complicates the enforcement of these rights. Many countries, including Australia, utilize sovereignty to justify their stringent immigration policies, often limiting the protection of human rights for asylum seekers.

In conclusion, while laws exist to safeguard human rights, their application can significantly differ in practice. As demonstrated in the case of asylum seekers in Australia, legal frameworks do not always translate into effective protection, highlighting the ongoing challenges in enforcing human rights universally.