Human rights - past HSC questions
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Human rights short answer questions - Past HSC questions
1)
Short answer questions: The below table contains past HSC and trial HSC questions on Core Part 2: Human Rights topic.
The questions are listed against the relevant syllabus dot point. Tan = 1 and 2-mark questions
Pink = 3-mark questions
Purple = 4-mark questions
Blue = 5-mark questions
Green = 6-, 7- and 8-mark questions
1.
Nature and development of human rights
Syllabus dot point
Question
Answer
●
the definition of human rights
Explain the importance of the universal recognition of human rights (2 marks) (2020 trial HSC)
Human rights are a collection of fundamental standards that belong to all individuals worldwide. It is extremely importance to recognize and uphold these rights in order to protect people from injustice. List TWO features of human rights. (2 marks) (2018 HSC)
Human rights are declared to be inalienable and inherent, meaning they are permanent and essential to all individuals and cannot be challenged. Distinguish between individual and collective rights (3 marks) (2021 trial HSC)
Individual rights belong to each citizen of a nation individually such as the right to freedom of religion. However, collective rights are held by a group of people rather than individuals such as self-determination rights.
●
Developing recognition of human rights (general question)
Outline how ONE human right has been legally
recognised. (5 marks) (2011 HSC)
Universal Suffrage is human right which gives individuals the legal right
to vote in a democratic election. Previously, this right has been prejudiced and limited based on gender, race, religion and even nationality. The demand for suffrage for all men began in the 19
th
Century which then prompted the creation of The Representation of The People Act (UK)
.
However, pressure still grew as women began to campaign for the right to vote. Consequently, in the 1920s, under the
nineteenth amendment, all women finally obtained the right to vote in elections. Despite this, race was still a substantial issue within Australia up until 1967 as Aboriginals and Torres strait islanders were yet to be included in the census. This year however, due to a constitutional referendum, Indigenous Australians were officially given the right to participate in democratic elections. ●
developing recognition of human rights
○
the abolition of slavery
Outline the role of law reform in the abolition of slavery. (5 marks) (2015 HSC)
Law reform has not been completely effective in the abolition of slavery. Movements to abolish began as early as the 12 century and has been legal up until the 20
th
Century. Slavery is a type of forced labour where the individual is considered to be the legal property of their ‘master’. The transatlantic slave trade took place around the 17
th
– 19
th
century which then gradually influenced abolitionism, changing societal views on slaves worldwide. It was during 1833 where slavery itself was
abolished due to the passing of Slavery Abolition Act (UK)
. However, Slavery still continued in southern states. At the end of the American Civil war, the constitution was amended to integrate the abolition of slavery. Moreover, there was further law reform under the Universal Declaration of Human Rights in1948 and International Convention on Civil and Political Rights in 1966. But despite efforts at law reform, slavery still exists in a number of countries. ●
developing recognition of human rights
○
trade unionism and labour rights
Outline how trade unionism can protect labour rights. (3 marks) (2017 HSC)
Trade Unionism played a significant role in establishing and protecting labour rights. They began to demand for better working conditions and sufficient wages. As a result, early trade unionists were imprisoned and received heavy penalties. However, they formed their own party and from the 19
th
Century onwards, they began to ensure fair wages and conditions were maintain for all working individuals. ●
developing recognition of human rights
○
universal suffrage
Define universal suffrage and explain why it is an important human right
(3 marks) (2021 Trial
HSC)
Universal Suffrage is the legal right individuals have to vote in a democratic election. This right is extremely important as it provides all individuals regardless of their gender, race or religion to have a choice
in their government. Moreover, it enables people to have a voice and speak out about what is important to them without subjugation. Outline how the right to universal suffrage has developed over time. (4 marks) (2019 HSC)
Universal Suffrage is human right which gives individuals the legal right
to vote in a democratic election. Previously, this right has been prejudiced and limited based on gender, race, religion and even nationality. The demand for suffrage for all men began in the 19
th
Century which then prompted the creation of The Representation of The People Act (UK)
.
However, pressure still grew as women began to campaign for the right to vote. Consequently, in the 1920s, under the nineteenth amendment, all women finally obtained the right to vote in elections. Despite this, race was still a substantial issue within Australia up until 1967 as Aboriginals and Torres strait islanders were yet to be included in the census. This year however, due to a constitutional referendum, Indigenous Australians were officially given the right to participate in democratic elections.
●
developing recognition of human rights
○
universal education
How is the right to an education protected? (2 marks) (2013 HSC)
The universal right to education enables all children to receive compulsory education up until the end of primary. This is established under article 26 of the Universal Declaration of Human Rights (UDHR).
●
developing recognition of human rights
○
self-determination Why is self-determination a human right? (2 marks) (2018 HSC)
Self-determination is a collective right that allows people of a territory or national grouping have the right to determine their own political status. This declaration is extremely important as it enables individuals’ control over their choices and lives. Define the right to self-determination. (2 marks) (2011 HSC)
The right to self-determination is a declaration developed to enable the free right of a territory or national grouping to determine their own political status. ●
developing recognition of human rights
Not tested in past HSC questions. Suggested question: Outline how Environmental rights relate to many existing rights like the rights to life,
health or property. There has been no universal recognition of
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○
environmental rights
environmental rights have developed over time (3 marks)
environmental rights, however a few treaties have been put in place to attempt to deal with specific environmental threats. Two of which include the Stockholm Declaration (1972) and the Rio Declaration (1992). These treaties aim to deal with issues regarding global warming,
marine pollution and the depletion of the ozone layer. The failure to universally recognise these issues is due to the failure of all states to commit to measures to benefit the global community. As a result, it has negatively impacted on the rights and living standards of millions of people on a global scale. ●
developing recognition of human rights
○
peace rights
Define peace rights.
(2 marks) (2013 HSC)
Peace rights are the fundamental right of all individuals to live free from
conflict, war or any form of oppression. Peace rights are upheld under Article 1 of the UN charter which gives the United Nations the power to take measures to prevent threats against peace. ●
formal statements of human rights
○
Universal Declaration of Human Rights
Explain how the Universal Declaration of Human Rights has contributed to the development of human rights (4 marks) (2021 trial HSC)
The Universal Declaration of Human Rights (UDHR) has been the catalyst for improving human rights and includes approximately 30 articles. These articles cover rights such as the right to adequate standards of living and freedom from slavery and torture. Despite its non-binding treaties, it has still inspired more than 200 conventions, declarations and bill of rights. The UDHR has become part of the international customary law and the foundational frame for the eight-
core human right treaties. Outline how ONE international human rights document contributes to the development of human rights. (3 marks) (2014 HSC)
The Universal Declaration of Human Rights is a great example of an international document that aims to protect human rights such as the right to freedom of speech and equity. Moreover, it promotes a range of individual and collective rights under the international law regardless of recognitions under domestic laws. ●
formal statements of human rights
How has the International Covenant on Civil and Political Rights contributed to the The International Covenant on Civil and Political Rights (ICCPR) obliges nations to respect the civil and political rights of individuals.
○
International Covenant on Civil and Political Rights development of human rights (3 marks) (2020 HSC exam)
This includes rights such as equality between men and women and well as freedom of thought. It has been ratified by 165 states, allowing it to successfully protect individuals from prejudices. Using an example, outline a key contribution of
the International Covenant on Civil and Political Rights to the development of human rights (2020 trial HSC) (3 marks)
The ICCPR is a key contributor in enforcing human rights internationally. Article 9 states the individual’s right to a fair trial and presumption of innocent before guilty. This is a key contribution to the development of HR as it protects citizens from prejudiced judgement made based on malleable evidence, ethnicity, or religion. ●
formal statements of human rights
○
International Covenant on Economic, Social and Cultural Rights
Outline how ONE international human rights document contributes to the development of human rights. (3 marks) (2014 HSC)
The international Covenant on Economic, Social and Cultural Rights (ICESCR) obliges states to work towards granting economic, social and cultural rights to individuals. This international document contributes to the development of human rights by ensuring labour rights such as fair wages and adequate standards of living rights such as good education are upheld globally. 2.
Promotion and enforcement of human rights
Syllabus dot point
Question
Answer
●
In the international community:
○
state sovereignty
What impact does state sovereignty have on the
protection of human rights? (3 marks) (2012 HSC) State sovereignty refers to a political entity that is represented by one centralised government and is a major issue in human rights. This is because by implementing sovereignty, no foreign state or law can interfere in another state’s jurisdiction unless it has consent from the government. This gives substantial power to the authoritative government and therefore increases the possible infringements of certain
human rights of their citizens as the leaders do not have to be held accountable for their actions. ●
In the international How does the United Nations promote human The United Nations is a huge organisation consisting of 193 state
community:
○
the roles of the United Nations
rights? (4 marks) (2019 HSC)
members. Its goal is to maintain international peace and promote and obliges countries to protect the human rights of their citizens. This organisation has five principal organs under the UN charter which all play a integral role protect human rights on a global scale. These organisations include the UN General Assembly, UN security Council, Economic and Social Council, UN secretariat, and the International Court of Justice. How does the United Nations assist in protecting human rights? (4 marks) (2013 HSC)
The United Nation’s main role is to promote, and investigate human rights internationally. This organisation seeks to defend human rights through establishing treaties and legal documents such as the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, as well as the International Covenant on Economic, Social and Cultural Rights. Moreover, UN’s aim is to maintain peace and implement consequences on nations who breach human right laws. This obliges countries to ratify its laws into domestic legislation that meet UN standards for human rights. ●
In the international community:
○
intergovernmental organisations
Identify one intergovernmental organisation (1 mark) (2021 Trial HSC)
The Commonwealth of Nations is an Intergovernmental Organisation which revolves around promoting democracy as well as human rights and individual liberty. Explain the role of intergovernmental organisations in enforcing human rights. Use an
example to support your answer (5 marks) (2020 HSC exam)
Intergovernmental Organisations are established by treaties that act as a charter. An example of an intergovernmental organisation is the Commonwealth of Nations. This organisation operates within a framework outlined in the Singapore Declaration and its role is to promote democracy as well as human rights and individual liberty. This organisation is made up to 54 members and even suspends nations due to serious or persistent violations and human rights abuses. For example, Fiji was suspended from the Commonwealth after its military rulers failed to respond to
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demands of restoring democracy. Therefore, this organisation plays a vital role in enforcing human rights by imposing serious ramifications on nations for not recognising the rights of their citizens. ●
In the international community:
○
courts, tribunals and independent statutory authorities
Compare the roles of international and domestic courts in protecting human rights. (7 marks) (2014 HSC)
International courts play an important role in protecting human rights globally by prosecuting those who breach these rights. However, these courts only have the ability to prosecute offenders if they are not dealt with in the country they reside in or the nation has allowed them to do so. However, international courts often take a long time to visit cases such as the Lubanga case in 2012 which took 10 years and millions of dollars to prosecute the offender. Thus, making it inaccessible to many individuals due to its costly rates. Consequently, this shows that whilst they are a great asset in protecting human rights, by not being assessible due to how time consuming and costly they are, these courts are proven to be relatively ineffective. On the other hand, domestic courts also have the ability to prosecute those who violate human rights but they are a lot less time consuming and relatively cheaper in comparison to international ones. This can be seen in the R v Wei Tang case in 2008 where it took less than a year for the High Court to prosecute the offender. The issue with domestic courts
is that countries that do not have human right laws integrated within their legal system can fail to provide fairness and equality for victims of human right abuses as offenders may not always be convicted.
●
In the international community:
○
non-government organisations
Identify TWO non-government organisations that promote human rights. (2 marks) (2011 HSC) Two NGOs that promote Human Rights are Amnesty international as well as the International Federation for Human Rights. ●
In the international Commonly assessed as a contemporary
community:
○
the media
issues question - see below.
●
In Australia (general questions)
Outline how human rights are protected
in Australia (4 marks)(2020 trial HSC)
Unlike other democratic nations, Australia does not have a Bill of Rights. Therefore, human rights and other legislation is found in the Constitution. The constitution of Australia establishes the system of government which include the separation and division of powers, through which human rights are recognised. Moreover, this is used to actively protect civil and political rights from the government and ensure no one is using their power to exploit individuals’ rights. These set of rules in the constitution include expressed rights such as the right to vote and implied rights such as the democratic right of the freedom of
political communication. However, the Constitution can only be reformed and altered through a referendum which makes it extremely difficult to apply all evolving notions of human rights into the Australian Legal system. Recommend and justify one legal measure to improve the protection of human rights in Australia (2020 trial HSC) (3 marks)
A legal measure which plays a vital role in protecting human rights is Statue Law. Australia enacts proposed bills into statute law in order to uphold international law obligations, and to respond to contemporary human rights issues present in Australia. Therefore, this is a great legal measure as it can also amend existing legislation which will broaden the range of exploitive conducts and can remain flexible in keeping up with modern forms of HR abuses such as modern slavery. ●
In Australia:
○
the incorporation of human
rights into domestic law
Outline how international human rights are incorporated into Australian domestic law. (2 marks) (2016 HSC)
International Human Rights are incorporated into the Australian Legal system when either federal or state parliaments pass statute law based on
international treaties. This can be achieved through ratification which is done through formally consenting to integrate a treaty or an agreement into domestic legislation. ●
In Australia:
Identify one express right set out in the One express right in the Australian Institution is the right to freedom of
○
the roles of the Constitution, including division of powers and separation of powers
Australian Constitution (2020 trial HSC) (1 mark)
religion meaning the Australian government cannot make laws that prohibit the exercise of a certain religion. Explain how the separation of powers can protect human rights in Australia. Use an appropriate example to support your answer (5 marks) (2018 HSC)
The doctrine of separation of powers is stated in the constitution and is extremely important for the protection of human rights in Australia. It has three branches including the legislature, the executive and the judiciary. By having three separate branches, the separation of powers allows for each arm of the government to be held accountable for their actions and therefore prevents the abuse of human rights within the nation, allowing for a balance in powers. The High Court for example has consistently ruled strict separation of the judiciary from the other two ‘political’ branches as a fundamental principle in the Constitution. Its effectiveness is proven in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) which limits the powers of the executives like the police thus preventing arbitrary abuse of power. The separation of powers protects human rights by ensuring that no one is above the law and providing fairness and access to the law, exemplified through Dietrich v The Queen (1992). How are human rights protected by the Australian Constitution? (5 marks) (2014 HSC)
Australia does not have a Bill of Rights, therefore it uses a set of rules stated in the constitution to set the framework for how the country is run. The constitution of Australia establishes the system of government which include the separation and division of powers, through which human rights are recognised. These systems of government are used to promote the rule of law and actively protect civil and political rights from the government by ensuring no one is using their power to exploit individuals’ rights. The constitution includes sets of rights such as expressed and implied rights. Expressed rights are written in the constitution such as the right to vote and implied rights underlie the words of the constitution but are not stated directing in the document, these include the democratic right of the freedom of political communication. However, the Constitution can only be reformed and
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altered through a referendum which makes it extremely difficult to apply
all evolving notions of human rights into the Australian Legal system. ●
In Australia:
○
the roles of statute law
Explain how statute law protects human rights in Australia (4 marks) (2021 Trial HSC)
Statutory Law is made by the parliament of Australia which start as bills
that are then passed by two houses of the parliament. Australia enacts these proposed bills into statute law in order to uphold international law obligations, and to respond to contemporary human rights issues present
in Australia. Moreover, Statue law also has the ability to amend existing legislation which will broaden the range of exploitive conducts and can remain flexible in keeping up with modern forms of HR abuses such as modern slavery. By imposing penalties on those who breach the laws set
by the parliament, statue law remains effective in protecting human rights in Australia as it holds all individuals accountable for their actions
and ensures no one stays above the law, thus promoting rule of law. Compare the contributions of common law and statute law in enforcing human rights. (7 marks) (2015 HSC)
Common Law is the body of law made by judgements of the courts that have been passed down over centuries. This is extremely important in enforcing human rights as for example, during the Dietrich v The Queen
(1992) case, the importance of a right to a fair trial was established as well as the requirement for defendants to be provided with legal aid in serious criminal trials. Moreover, by passing the Anti-Discrimination Act (NSW) in 1997, Statue Law has been proven to be equality important in prohibiting discrimination against individuals and ensuring the rights of everyone, including minority groups are protected under the
law. Therefore, both Common Law and Statue Law are both extremely important in enforcing HR as they work together to establish legislation for the community to abide by. This is exemplified through the Mabo v Queensland (1992) case which the decision made by the high court, led to the parliament passing legislation to protect indigenous land rights. ●
In Australia:
○
The roles of common law
Describe how the common law in Australia promotes and enforces human rights. Use an Australia’s common law is essential in promoting and enforcing human rights within the Australian Legal system as it sets law through
appropriate example to support your answer (4 marks) (2017 HSC)
precedent. Precedent can be set by higher courts for cases of human rights such as violations against human-trafficking and anti-slavery laws. These Judges then make decisions based on evidence presented and make legally binding decisions. Therefore, courts are then able to promote human rights as they have access to judgements that have been made on previous decisions. This is exemplified in the R v Tang case which established the modern legal definition of slavery and setting a precedent for other cases to follow, becoming a pivotal moment in Australia’s history in distinguishing between slavery and harsh employment conditions. Compare the contributions of common law and statute law in enforcing human rights. (7 marks) (2015 HSC)
Common Law is the body of law made by judgements of the courts that have been passed down over centuries. This is extremely important in enforcing human rights as for example, during the Dietrich v The Queen
(1992) case, the importance of a right to a fair trial was established as well as the requirement for defendants to be provided with legal aid in serious criminal trials. Moreover, by passing the Anti-Discrimination Act (NSW) in 1997, Statue Law has been proven to be equality important in prohibiting discrimination against individuals and ensuring the rights of everyone, including minority groups are protected under the
law. Therefore, both Common Law and Statue Law are both extremely important in enforcing HR as they work together to establish legislation for the community to abide by. This is exemplified through the Mabo v Queensland (1992) case which the decision made by the high court, led to the parliament passing legislation to protect indigenous land rights. ●
In Australia:
○
the roles of courts and tribunals (and independent statutory authorities)
Explain how the Australian Human Rights Commission OR another independent statutory authority promotes human rights. (3 marks) (2015 HSC)
The Australian Human Rights Commission is an independent national body established under the Human Rights Commission Act 1986 (Cth) which mainly tackled alleged violations of the Anti-
Discrimination Act. This national body promotes human rights through receiving and investigating these complaints in order to promote public awareness about human rights and provide legal advice regarding these
breaches. Moreover, it has a significant influence on Australia’s laws through making submissions on inquiries about developments that need to be made on laws or policies to the parliament. Explain the role of courts in protecting human rights in Australia (5 marks) (2021 Trial HSC)
Courts and tribunals interpret laws to ensure they are fair for all individuals and are compatible with human rights. They have the obligation to set precedent for which judges are bound to follow interpretations of for similar judgements. Therefore, this allows all individuals the right to a fair trial and therefore eliminate biased decisions. An example of this is the R v Tang case which broadened the parameters of slavery to include “de facto slavery and as a result conducted stricter laws on modem slavery. Moreover, the Courts of Australia also play an important role in protecting human rights by ensuring legislation and adequate legal aid is accessible to individuals within the nation. Compare the roles of international and domestic courts in protecting human rights. (7 marks) (2014 HSC)
International courts play an important role in protecting human rights globally by prosecuting those who breach these rights. However, these courts only have the ability to prosecute offenders if they are not dealt with in the country they reside in or the nation has allowed them to do so. However, international courts often take a long time to visit cases such as the Lubanga case in 2012 which took 10 years and millions of dollars to prosecute the offender. Thus, making it inaccessible to many individuals due to its costly rates. Consequently, this shows that whilst they are a great asset in protecting human rights, by not being assessible due to how time consuming and costly they are, these courts are proven to be relatively ineffective. On the other hand, domestic courts also have the ability to prosecute those who violate human rights but they are a lot less time consuming and relatively cheaper in comparison to
international ones. This can be seen in the R v Wei Tang
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case in 2008 where it took less than a year for the High Court to prosecute the offender. The issue with domestic courts is that countries that do not have human right laws integrated within their legal system can fail to provide fairness and equality for victims of human right abuses as offenders may not always be convicted.
●
In Australia:
○
the roles of non-
government organisations
Outline how one non-government organisation in Australia attempts to protect human rights (3 marks) (2021 trial HSC)
The Walk Free Foundation is a non-profit organisation based in Perth Australia. Its aim is to eradicate modern slavery by imposing pressure onto the government and international bodies and holding them accountable for integrating in-effective legislation regarding slavery. By
having an accessible resource page, this organisation works to implement change through raising awareness of what factors cause and enable the persistence of modern slavery. Therefore, Walk Free Foundation’s goal is to make modern slavery socially unacceptable through encouraging new societal norms and therefore oblige the government to implement laws that reflect society’s values. Identify TWO non-government organisations that promote human rights. (2 marks) (2011 HSC)
Both Walk Free foundation and Anti-Slavery Australia are independent, not-for-profit organisations that aim to raise awareness on human rights concerns and provide support for the victims of these crimes. As they do
not have power over the law, they work through advertisements and social media campaigns to impose pressure onto the government and implement change. ●
In Australia:
○
the roles of the media
Commonly assessed as a contemporary issues question - see below.
●
In Australia:
○
the roles of a Charter of Rights (arguments for and Discuss whether Australia should have a Charter of Rights. (6 marks) (2016 HSC)
A charter of rights refers to a legal document that contains civil and political rights of citizens within a country. It is argued that Australia would benefit from a Charter of Rights as it will help promote a stronger
against)
culture of respect for humanitarian issues. Moreover, it will provide easier access to these rights as they will be combined into one source, the Charter of Rights and therefore, improve government policy making.
However, establishing a Charter of Rights can threaten the rule of law as
judiciary would take on a political role. This would then give power to the judiciary to decide whether laws infringe the Charter or not. Additionally, the current common and state law system have less limitations than a Charter of Rights would and therefore are more flexible to reflect the values and beliefs of society. Discuss how a charter of rights could affect the protection of human rights within Australia. (7 marks) (2012 HSC)
A charter of rights is a document that sets out the civil and political rights of citizens within a nation. There are many debates for and against
Australia having a charter of rights. The level of protection of human rights a Charter of Rights will provide is based on how it is created. If this is a legislated charter and created by the parliament, there can be risks of arbitrary abuse of power as it is made at the will of the government. However, a constitutional charter of rights will be able to provide a more effective protection of human rights as it is difficult to change. However, as it will need a referendum to alter its laws in can makes it extremely difficult to apply all evolving notions of human rights into the Australian Legal system. 3.
Contemporary human rights issue
Syllabus dot point
Question
Answer
Contemporary human rights issues can include any issue we have considered, such as human trafficking and modern With reference to a human rights issue, assess the effectiveness of domestic and international responses in the protection of human rights. (7 marks) (2021 Trial HSC)
Human trafficking and sex slavery are one of the biggest rising humanitarian issues of modern society. Their ability to avoid the law when transporting persons and avoiding governmental suspicion has raised many concerns within the legal system. Therefore, nations have been obliged to contemplate the effectiveness of their legislation due to
slavery, asylum seekers, religious freedom, same-
sex marriage, or any of the ‘development of human rights issues’ outlined above.
the concerns regarding the safety of the public. The united Nations is an international body devoted to protecting, recognising and promoting human rights on a global scale. The aim of this organisation is to maintain world peace as well as create harmony throughout the world. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children was adopted and open for signature by the General Assembly. This document plays a vital role in promoting human rights as it was the first international legal instrument to set out a binding definition of human trafficking. Furthermore, it has had great success in enforcing its laws as
over 110 countries have signed and accepted this document into their nation. However, enforcement mechanisms with international treaties are completely voluntary. This means the power of these laws stay limited as it is up to the government to determine whether or not to integrate these laws into their domestic legislation. Thus, ultimately rendering international responses ineffective. Domestic responses in Australia have been relatively effective in decreasing the numbers of trafficked persons within Australia. Statue law has been highly effective in hindering the act of trafficking through Criminal Code Amendment (Trafficking in Persons Offences) Act 2005 (Cth)
. In the R v Kovacs case, it is made known that this legislation is effective by abiding by the rule of law and convicting the offenders to 8 years imprisonment. Therefore, this is a great domestic measure as it can also amend existing legislation which will then broaden the range of exploitive conducts and can remain flexible in keeping up with modern forms of HR abuses such as modern slavery within Australia.
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However, the act lacks accessibility to the majority of victims of human trafficking and slavery thus making it quite ineffective. To what extent has compliance with international human rights law been achieved by nations? (7 marks) (2020 HSC exam)
The International Bill of has established particular authorities to hear matters of compliance by member states with the treaties. The main body is the Human Rights Committee which assesses member state compliance with the International Covenant on Civil and Political Rights also known as ICCPR. It can also hear petitions raised by the states about each other’s compliance. This ensures a level of uniformity in compliance with human rights is achieved throughout nations which have signed the treaty. Within this committee, a group of human rights experts will hear a complaint brought against a state and make rulings on that state’s compliance. However, the decisions of the Human Rights Committee are not not enforceable making it partially ineffective. Despite this, they remain highly influential as they can influence local legal interpretation as well as publicly embarrass the government of a state due to the accusation of violations. Assess how changing values have been reflected in the promotion and enforcement of ONE contemporary human rights issue (8 marks) (2021 trial HSC)
SIMILAR TO...
To what extent is the development of human rights a reflection of changing values and ethical standards. Refer to at least one contemporary issue in your response (7 marks) (2021 Trial HSC)
SIMILAR TO...
How does the development of international human rights protections reflect changing Values of Society are constantly changing. Therefore, it is extremely important for legislation and non-legal responses to accurately reflect these values and beliefs to ensure the rights of individuals remain protected. For example, the Criminal Code Amendment (Trafficking in Persons Offences) Act 2005 (Cth
) was passed in order to respond to the growing concerns of trafficking and slavery in Australia. By doing so, the government was able to respond to the values and concerns of citizens by enforcing penalties of 12 years imprisonment on an individual who commits an offence of trafficking in persons which was then proven to be effective in the R v Kovacs Case. Moreover, the Criminal Code Act
was further reformed to Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999
(Cth) due to the R v Tang Case.
This then enabled further protection of individuals under the law by
values and ethical standards? Refer to an example in your response (6 marks) (2020 trial HSC)
SIMILAR TO...
Explain how changing values have been reflected in the promotion and enforcement of ONE human rights issue. (7 marks) (2013 HSC)
broadened the parameters of slavery to include de facto slavery, otherwise known as conditional slavery. Therefore, the Australian government has continuously aimed to reflect the beliefs and values of society through remaining as responsive as possible with legislation to ensure human rights are continuously protected. With reference to ONE contemporary issue, assess the effectiveness of the media in the promotion of human rights (2020 trial HSC LSA) (6 marks)
SIMILAR TO…
How has the promotion of ONE contemporary human rights issue been influenced by the media? (5 marks) (2012 HSC)
The media is an effective method of promotion as it has the ability to name and people who have committed trafficking crimes. It is an important tool in raising awareness of human rights abuses around the world and rallying public and government action to end such abuses. News is continuously broadcasted on television which allows for a rapid
spread of the newest information thus proving the media to be accessible
to citizens globally. This is exhibited through the movie ‘Trafficked’. Through this, the media reveals the torturous experiences of human trafficking from a victim’s perspective, which effectively creates public pressure and as a result obliges the government to make changes to the law in order to reflect the values of society. However, the downside is that the media is highly subjective and will often release inaccurate information such as desensitising images of female prostitutes as they believe it will grab the viewers attention. This can consequently resort in
underenforcement and failure to identify victims thus changing the ideas
of individuals and altering their perception of the issue.
How effective are international responses in enforcing human rights? In your answer, refer to at least ONE contemporary issue. (7 marks) (2019 HSC)
There are a variety of international responses that aim to protect and enforce human rights. The united Nations is an international body that is
devoted to protecting, recognising and promoting human rights on a global scale. The aim of this organisation is to maintain world peace as well as create harmony throughout the world. The United Nations also aims to The Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children was adopted and open for signature by the General Assembly. This document plays a vital role in promoting human rights as it was the first international legal instrument to set out a binding definition of human trafficking. Furthermore, it has had great success in enforcing its laws as over 110 countries have signed
and accepted this document into their nation. However, enforcement mechanisms with international treaties are completely voluntary. This means the power of these laws stay limited as it is up to the government to determine whether or not to integrate these laws into their domestic legislation. Thus, ultimately rendering international responses ineffective. How effective have non-government organisations and the media been in promoting human rights? Use appropriate examples to support your answer. (6 marks) (2018 HSC)
NGOs effectively promote the issue of human trafficking and slavery through numerous education and outreach activities such as presentations and workshops for schools and universities. An example of a not for profit organisation in Australia is Anti-Slavery Australia. This NGO is an independent organisation that aim to raise awareness on human rights concerns and provide support for the victims of these crimes. Anti-Slavery Australia aims to improving the lives of vulnerable
people through legal representation, and raise awareness on humanitarian issue such as modern slavery. They also works closely with the Australian government to develop law reform and initiate action plans in order to effectively protect human rights. This is exemplified through their collaboration in developing the National Action Plan to Combat Human Trafficking and Slavery 2015-19
with objectives to prevention, detection, and provide support for trafficked people in Australia. Therefore, NGOs are extremely effective in protecting the rights of individuals however, they are limited as they cannot take any legal action without the support of the government.
Additionally, the media has proven to be an efficient way to name and shame people who have committed trafficking crimes. As a result, this
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makes the media an extremely responsive as it has the ability to keep up with humanitarian issues such as modern slavery and reflect the values of society effectively. This is exemplified through the 7News of Cake Shop owners who were charged with human trafficking and slavery. In this article, the media has proven to be responsive to the issue of human trafficking by playing a significant role in rejecting harmful messages surrounding human trafficking. Despite this, the media is still unable to enforce hard law, thus proving this method to be partially ineffective. Evaluate the effectiveness of both legal and non-legal responses to ONE contemporary human rights issue. (8 marks) (2017 HSC)
Human trafficking and sex slavery are one of the biggest rising humanitarian issues of modern society. Their ability to avoid the law when transporting persons and avoiding governmental suspicion has raised many concerns within the legal system. Therefore, the police have
been obliged to contemplate legislation due to the concerns regarding the safety of the public. Moreover, non-legal entities such as NGOs and the media have also played an essential role in promoting the safety of individuals. In response to these issues, the Criminal Code Amendment (Trafficking in Persons Offences) Act 2005 (Cth
) was passed by the government to ensure increased security and impede trafficking crimes. This legislation
was proven to be relatively effective through the R v Kovacs case. Despite the offence still taking place, this legislation was able to enforce
a penalty of 8 years upon the person who commits trafficking persons offences. As a result, this amendment has had a significant impact on the
human trafficking issue as it is able to successfully hold individuals accountable for breaching the law through enforcing procedural fairness and upholding the rule of law. Moreover, NGOs effectively promote the issue of human trafficking and
slavery through numerous education and outreach activities such as presentations and workshops for schools and universities. An example of a not for profit organisation in Australia is Anti-Slavery Australia.
This NGO is an independent organisation that aim to raise awareness on human rights concerns and provide support for the victims of these crimes. Anti-Slavery Australia aims to improving the lives of vulnerable
people through legal representation, and raise awareness on humanitarian issue such as modern slavery. They also works closely with the Australian government to develop law reform and initiate action plans in order to effectively protect human rights. This is exemplified through their collaboration in developing the National Action Plan to Combat Human Trafficking and Slavery 2015-19
with objectives to prevention, detection, and provide support for trafficked people in Australia. Therefore, NGOs are extremely effective in protecting the rights of individuals however, they are limited as they cannot take any legal action without the support of the government. ‘The law aims to protect human rights. However, human rights are not always enforced
in practice.’ Assess this statement with reference to ONE contemporary issue. (7 marks) (2016 HSC)
It is the governments obligation to ensure legislation is continuously reflecting the values of society and dealing with rising issues in modern society. However, that is not always the case and this is proven through the Antonio SALVATORE v R [2009] case. In this case, legislation failed to protect the rights of individuals regarding modern slavery of a minor. This is because the aim of the law is to protect the weak and serve justice to those who abuse their power over the weak. However, by not being able to protect a minor against sexual offenders, the Criminal Codes Act (cth) was proven ineffective. With reference to ONE contemporary human rights issue, explain the role of state sovereignty in enforcing human rights (6 marks) (2011 HSC)
Sovereign states are autonomous meaning they have the power to make laws for the citizens of their state without external interference. As a result, this can greatly influence the protection of human rights within the state as it is up to the government itself to recognise, protect and enforce such rights. Human trafficking is one of the biggest threats to human rights and still takes place in many countries today. States are encouraged to ratify international laws into their legal systems and implement laws that impede the act of trafficking. However, as
international laws aren’t hard laws, many sovereign states have the ability to reject these legislations. Hence, leaving the protection of individual and collective rights in the hands of the government to determine. The government as a result may fail to implement procedural
fairness by prosecute offenders and protect victims of human trafficking or the unlawful acts they have committed The theme and challenge - ‘the role of law reform in protecting human rights’ - has not been directly tested in past HSC questions, other than specifically regarding abolition of slavery. Try this one: With reference to ONE contemporary human rights issue, assess the role of law reform in promoting and enforcing human rights. (7 marks)
Human trafficking refers to the transportation by means of force or the abuse of power or of a position of vulnerability or the purpose of exploitation. The Australian government responded to the growing concern and occurrences of Trafficking and Slavery in the Australian community, through the
Criminal Code Amendment (Trafficking in Persons Offences) Act 2005 (Cth
).
This legislation is effective as it enforces penalties of 12 years imprisonment on an individual who commits an offence of trafficking in persons. This was proven through the R v Kovacs and Kovacs case where they were sentenced to 8 years imprisonment. As a result, this act is efficient in responding to threats against human trafficking and successfully protects the rights of individuals through procedural fairness. Moreover, the Criminal Code Act was further amended due to the R v Tang case which the first jury conviction under Australia’s
Criminal Code
(Cth) slavery offences. This
case established a modern definition of slavery through the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999
(Cth). This amendment has been proven to be more efficient in protecting the rights of individuals against sex trafficking by broadened the parameters of slavery to include de facto slavery which is conditional slavery. Therefore, law reform is proven to play a vital role in promoting and enforcing human rights in regards to human trafficking by allowing legislation to remain adaptable to all forms of sex slavery.
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