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Using an example, describe the relationship between state sovereignty and human rights. - HSC - SSCE Legal Studies - Question 23 - 2021 - Paper 1

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Using an example, describe the relationship between state sovereignty and human rights.

Worked Solution & Example Answer:Using an example, describe the relationship between state sovereignty and human rights. - HSC - SSCE Legal Studies - Question 23 - 2021 - Paper 1

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Describe the relationship between state sovereignty and human rights

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State sovereignty refers to the ability of a nation-state to govern itself and make laws for its citizens without external interference. This principle can sometimes conflict with the protection of human rights, as states may prioritize their sovereignty over the enforcement or recognition of these rights. For instance, a sovereign state may enact laws that limit freedoms or rights, arguing that these are within its sovereign power to do so.

An example of this dynamic can be observed in the context of international human rights agreements, such as the International Covenant on Civil and Political Rights (ICCPR). While these documents establish fundamental human rights, the state has the authority to ratify such treaties and then decide how to implement them domestically. If a state chooses not to adopt or enforce these rights, it can reflect the values and priorities of that nation, illustrating the tension between state sovereignty and the universality of human rights.

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