Legal Studies Hsc: Human Rights
Human Trafficking and Slavery * Legal responses: * International: UN introduced a binding a protocol regarding trafficking and slavery in 2003. As of 2010, 137 countries have agreed and ratified the protocol. India has signed it, but has not ratified it into their nation, which means that the protocol has not affected them, as they are one of the nations that are the most common place of human trafficking and slavery (Pearson’s Legal Studies HSC). * Domestic: Australia ratified the protocol in 2004, effectively recognising trafficking and slavery. In the case R v. Wei Tang, where Tang had counts of 5 slaves who had very limited English and had their passports taken off them. Used the ratified protocol as a stance to fight and enforce the protocol. * Non-legal responses: * International: UNGIFT (United Nations Global Initiative to Fight Human Trafficking) to increase awareness of the issue through NGOs. * Domestic: 2006 SBS program “Trafficked”, documentary on sex slavery with over 500 000 viewers. Applied pressure to the government to establish an ‘Anti-Trafficking Strategy’ in 2008, supplying victim support and police training to combat the issue.
Advantages / Disadvantages for Bill of Rights * Advantages: * Entrenches human rights, so that everyone can have those human rights. * Cover human rights that statute and common law do not. * Disadvantages: * Since it entrenches human rights, it is very difficult for human rights to be changed, can only be changed by holding a referendum. * Only the rights established in the bill of rights will be protected.
Collective Rights / Individual Rights * Collective rights, are rights that protect a group of people, as opposed to individual rights where it protects one person. For example, self determination, where a group of people can determine their own nationality.
Documents for Human Rights * UDHR (Universal Declaration of Human
Advantages / Disadvantages for Bill of Rights * Advantages: * Entrenches human rights, so that everyone can have those human rights. * Cover human rights that statute and common law do not. * Disadvantages: * Since it entrenches human rights, it is very difficult for human rights to be changed, can only be changed by holding a referendum. * Only the rights established in the bill of rights will be protected.
Collective Rights / Individual Rights * Collective rights, are rights that protect a group of people, as opposed to individual rights where it protects one person. For example, self determination, where a group of people can determine their own nationality.
Documents for Human Rights * UDHR (Universal Declaration of Human