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Analyse the impact of state sovereignty on a contemporary human rights issue. - HSC - SSCE Legal Studies - Question 23 - 2024 - Paper 1
Question 23
Analyse the impact of state sovereignty on a contemporary human rights issue.
Worked Solution & Example Answer:Analyse the impact of state sovereignty on a contemporary human rights issue. - HSC - SSCE Legal Studies - Question 23 - 2024 - Paper 1
Step 1
Understanding State Sovereignty
Answer
State sovereignty refers to the authority of a state to govern itself without external interference. This concept is fundamental in international law and politics, as it establishes the framework within which states operate. The implications of state sovereignty are profound, particularly in relation to human rights issues, where different states can enact or neglect protections based on their own legislative frameworks.
Step 2
Impact on Human Rights Issues
Answer
The impact of state sovereignty on contemporary human rights issues can be seen in various examples. For instance, countries may legislate on issues such as slavery, discrimination, or freedom of speech according to their national interests or cultural contexts.
A pertinent example is Australia’s commitment to human rights under the 2000 Palermo Protocol, which aims to prevent human trafficking and exploitation. By amending its laws, Australia demonstrates how state sovereignty allows for a direct alignment of national laws with international human rights commitments.
In contrast, nations like North Korea may use their sovereignty to justify human rights violations, claiming the right to self-determination while denying their citizens fundamental freedoms. This showcases how sovereignty can be manipulated to resist international scrutiny and enable systemic abuses.