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anishaprasad

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With reference to an example, assess how effectively human rights protections are incorporated into domestic Australian law.
 

zizi2003_

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With reference to an example, assess how effectively human rights protections are incorporated into domestic Australian law.
so you can talk about both the statute and common laws (as well as the Constitution) and how they protect human rights domestically in AU.
for common law- e.g. the Mabo case in 1992 (right to land for Indigenous people), Toonen v Australia case decision (right to privacy and consensual homosexual sex, sodomy laws were repealed) --> establish judicial guidelines to maintain consistency of human rights protections in the justice systeml
for statute law- e.g. right to education (protected by the Education Act 1990, thus incorporating values of the ICESR document), rights of children as per the Convention of the Right of Child (protected by the Education Act 1990 NSW, Family Law Act 1975 CTH as well as Young Offenders Act 1997 NSW)

for the 'assess' component:
- due to the principle of state sovereignty, various human rights are still not protected by Au's statute laws e.g. rights of the ICCPR are at most expressly recognised by the constitution (see issue of the treatment of asylum seekers in AU)
- common law is ultimately overriden by statute law
- HR is also not fully protected in Australia due to the prevailing non-compliance and violations of human rights (eg, modern slavery), rendering statute law ineffective in enforcing compliance
 

anishaprasad

Active Member
Joined
Jun 11, 2021
Messages
42
Gender
Female
HSC
2022
so you can talk about both the statute and common laws (as well as the Constitution) and how they protect human rights domestically in AU.
for common law- e.g. the Mabo case in 1992 (right to land for Indigenous people), Toonen v Australia case decision (right to privacy and consensual homosexual sex, sodomy laws were repealed) --> establish judicial guidelines to maintain consistency of human rights protections in the justice systeml
for statute law- e.g. right to education (protected by the Education Act 1990, thus incorporating values of the ICESR document), rights of children as per the Convention of the Right of Child (protected by the Education Act 1990 NSW, Family Law Act 1975 CTH as well as Young Offenders Act 1997 NSW)

for the 'assess' component:
- due to the principle of state sovereignty, various human rights are still not protected by Au's statute laws e.g. rights of the ICCPR are at most expressly recognised by the constitution (see issue of the treatment of asylum seekers in AU)
- common law is ultimately overriden by statute law
- HR is also not fully protected in Australia due to the prevailing non-compliance and violations of human rights (eg, modern slavery), rendering statute law ineffective in enforcing compliance
Thank you so much! I appreciate it a lot :) ;)
 

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