Assess the effectiveness of domestic and international legal measures in protecting human rights [6 marks]
Can someone give me a headstart on this? What sort of things should this answer include?
Describe three ways the Australian legal system provides access to justice [3 marks]
?? All I can find is legal aid.
Explain the differences between statute law and common law and how each responds to changes in society [6 marks]
I know the difference between laws, but for 6 marks I don't know how to go into enough detail about how each responds to changes in society?
Using an example, assess the effectiveness of non legal measures in addressing human rights issues [6 marks]
What is a good example to use in this?
Any main points I need to include would be helpful!
1) okay for the first question - i just made my notes on this today haha
i think what you should be talking about is like the international courts (ICC and ICJ) and how that no leader should feel that they are completely "immune" just because they have state sovereighnty except then go on to say how it is hard to enforce
except since its evaluating effectiveness you have to talk about both sides and the bad thing is that lets say - for global terrorism the USA obviously has been violating human rights as you can see from Guantanamo Bay in Cuba where there is no jurisdiction to govern what they do there - so they can torture, etc etc which means that in trying to protect human rights (peace rights) govenrments sometiimes are violating the rights themselves. (which obviously = NOT EFFECTIVE AT ALL)
domestic measures would be
- common law (not that great but still used)
- statute law (most used to protect HR in Australia) -> very effective as it can basically be amended as time goes on and understanding of human rights changes there are changes in international/domestic/ethical/moral views
we dont have a bill of rights because this is protecting us so well
- the constitution
yes the constitution outlines a couple of "freedoms" and "rights that we have except its very hard to add new ones due to the fact that we would have to hold a referendum
2) providing justice.. legal aid is a really good one, maybe you could talk about fair trials? right to have a jury? is this within the HR TOPIC?
3) maybe you could give examples? i would definitely to show that you have a good knowledge of teh syllabus especailly like lets say u put down definitions and stuff you'd probs get like 4-5 marks but if u added aht extra bit? you could talk about how common law - sets precedeents in cases such as that of Bilal Skaf if you've learnt it (it was a gang rape in 2000) research it.
4) MEDIA (non-legal measure) - for example the genocide that is happening in Darfur at this moment was heavily publicised you could talk about how this raises awareness and gets the public to act or at least campaign governments to act
tehre are also other non-legal measures which include: (im not going to go into depth but yeh you should be able to find this in yoru textbook)
- high-profile individuals (eg. sports people , angelina jolie and her chairty work)
- NGO's like amnesty international
- lobby groups
well hope that helped! post more questions
