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Human Rights Section 1 HSC 2021 Define human rights (2 marks) Human rights are basic rights and freedoms that belong to everyone. They are inherent, inalienable and universal. How are environmental rights recognised? (2 marks) Environmental rights are fundamental human rights recognised internationally such as the Stockholm Declaration (1972). It is protected domestically in Australia by the Commonwealth, state and territory legislation. Using an example, describe the relationship between state sovereignty and human rights (4 marks) State sovereignty is the ability of a nation state to make laws for its citizens without external interference. The relationship between state sovereignty and human rights is the influence whether there is recognition, protection or enforcement. An example is that a sovereign state may recognise fundamental human rights in international instruments such as the ICCPR and then enact them into a legislation. However, sovereign states may refuse to cooperate with an international instrument, or organisation such as the UN. Discuss the effectiveness of Australian legal responses in enforcing human rights (7 marks) The effectiveness of Australian legal responses in enforcing human rights is moderately effective to an extent. There are various human rights that are protected in Australia, however, the enforceability varies. There are explicit rights contained in the Australian Constitution such as the right to vote in Commonwealth elections. Common law reveals how Australia responds and enforces human rights, this is evident in Dietrich v The Queen (1992). Where the High Court of Australia recognised the importance of a fair trial if the accused represents themselves or has an unqualified person representing them. This right, however, does not automatically allow the accused to acquire legal assistance if they did not meet the criteria for legal aid. The Australian Human Rights Commission (AHRC) was established by the AHRC Act 1986 (Cth). However, it may not lead to binding or enforceable judgements. Some Australian responses to the implementation of international law can limit the enforcement of human rights. Evident in Australia’s interpretation of the Refugee Convention 1951 (UN) through the Migration Act 1958 (Cth).

HSC 2020 How has the International Covenant on Civil and Political Rights contributed to the development of human rights? (3 marks) The International Covenant on Civil and Political Rights contributed to the development of human rights as it creates an obligation to respect civil and political rights of individuals. This includes the right to life, freedom of thought, and security of a person. The ICCPR is monitored by the Human Rights Committee, which reports on compliance by member states and investigates violations. Explain the role of intergovernmental organisations in enforcing human rights. Use an example to support your answer (5 marks) The role of the UN is to promote human rights, the general assembly holds a forum for government members to discuss and raise human rights issues. The African Union (AU) was established in July 2002. Its aims include bringing security and peace in Africa and promoting good governance, democratic institutions and human rights. Its decisions are made by the Assembly of the African Union. AU includes the African Commission on Human and People’s Rights, with responsibility for monitoring and promoting compliance with the African charter of the same name, and the African Court of Justice and Human Rights. To what extent has compliance with international human rights law been achieved by nations? (7 marks) Compliance with international human rights laws have been moderately effective to an extent due to state sovereignty. Evident in the protocol to prevent, support and punish trafficking in person, especially women and children as this took effect in 2003. This aims to enforce human rights by protecting, prosecuting and preventing human trafficking where it was designed to enact domestic laws. Today, all UN member States have ratified at least one of the nine core international human rights treaties, and 80% have ratified four or more. However, it is not enforced in countries such as North Korea due to state sovereignty, hence, allowing North Korea to decide its own domestic laws without external influences which have lead to human trafficking and slavery. These slaves are exploited in labour in prison camps, and women and children are exploited in sex trafficking. Therefore, the compliance with international human rights law achieved by nations is moderately effective to an extent due to state sovereignty.

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