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HUMAN RIGHTS HSC PAST PAPERS

2013-2019

HSC LEGAL STUDIES PAST HSC QUESTIONS

HUMAN RIGHTS

HSC LEGAL STUDIES 2019 Part A – Human Rights 15 marks Attempt Questions 21–23 Answer the questions in the spaces provided. These spaces provide guidance for the expected length of response. Question 21 (4 marks) Outline how the right to universal suffrage has developed over time. Universal Suffrage is “the right of all citizens to vote in political elections, regardless of status, gender, race or creed.” Article 1 and Article 2 of the Universal declaration of Human Rights outlined that everyone should have the right to equal access and the right to take part in the government of his country. Universal Suffrage in history was not granted, due to social casts within society and the degrading of women’s rights. New Zealand granted the right in 1893, followed by most of Europe in 1918. Statistics highlight, that universal suffrage is approx. 60% effective, based on the number of countries who ratified the law and political stance of each country.

Question 22 (4 marks) How does the United Nations promote human rights? The United Nations promotes human rights through the Human Rights Council. The General Assembly created the council in 2006, with its main purpose to review the human rights record once every four years and make recommendations for improvements. Through this reform of human rights, the United Nations can ensure the effectiveness of rights within society. Treaty Bodies are responsible for monitoring and promoting compliance with a particular human rights treaty. For those who are party to that treaty, treaty-monitoring bodies supervise the implementation of the treat obligation. An example of this is the Elimination of racial Discrimination Monitors. Through the monitoring and implementation of the human rights, they are able to not only promote rights but also, ensure rights are upheld and enforceable.

HSC LEGAL STUDIES PAST HSC QUESTIONS

HUMAN RIGHTS

Question 23 (7 marks) How effective are international responses in enforcing human rights? In your answer, refer to at least ONE contemporary issue.

Non-legal and legal measures showcase the effectiveness of the legal system when addressing Human Rights. Human trafficking and slavery are examples of contemporary issues dealt with by the legal system. Internationally Article 4 of the Universal Declaration was established ‘prohibiting’ slavery in all forms. However, non-compliance occurs as countries have ratified and make no further reform or haven’t ratified the declaration at all. The declaration is only a form of soft law; hence countries do not have to legally abide by them. This shows the ineffectiveness of legal responses as countries neglect the human rights. For example, India ratified the declaration in the early 1800’s, however, have made no further reform and hence, according to the Guardian India has the highest number of slaves in the world. Saudi Arabia, has not ratified the declaration due to the belief that the human rights declaration is a western concept and hence, is not applicable to non-western countries.

The United Nations has established The Global Initiative to Fight Human Trafficking; partnering with non-government organisations around the world (such as Amnesty and Human Rights Watch) to help assist them in fighting for human rights. This could be in the form of advocacy, financial support or the protection of victims when working with the criminal proceedings against alleged offenders. The International Labour Organisation has enforced a Special Action Programme to raise global awareness of forced labour. This highlights the effectiveness of international responses to law. However, the ineffectiveness of the law is showcased as human trafficking still earns profits of approx. $150 billion a year, according to The Guardian one in 200 people are slaves in modern day society and 1 in 5 cases, are never reported to the police, indicating the extent of the legal system to address human rights.

HSC LEGAL STUDIES PAST HSC QUESTIONS

HUMAN RIGHTS

H 8 Section II Part A – Human Rights 15 marks Attempt Questions 21–24 Answer the questions in the spaces provided. These spaces provide guidance for the expected length of response. Question 21 (2 marks) List TWO features of human rights. Two features of human rights are that they are inalienable; meaning they are absolute and not changeable and universal; meaning they apply to all.

Question 22 (2 marks) Why is self-determination a human right? Self-determination is the right of a group to conduct decision making about their own political, cultural or religious future. It is recognised in the International Covenant on Civil and Political Rights and hence, is established as a right. Essentially the UNPO, states it is the right of individuals to choose their own destiny.

Question 23 (5 marks) Explain how the separation of powers can protect human rights in Australia. Use an appropriate example to support your answer. The separation of powers is in constitutional law the separation of branches of government into executive, legislative and judicial. This allows branches to have specific checks and balances and have an equal amount of power. For example, the Executive, has the power to put laws into operation, whereas the legislative power creates and proposes the law. With regards to Human Rights this separation of power is important, as it can protect human rights and ratify them into Australian Law. For example, the human right of modern slavery and trafficking, was ratified by the legislative power of government and has since been amended through the Criminal Code (Slavery and Sexual Servitude) Act 1999. The executive law then enforces this through the implementation of protocols and ensuring enforcement mechanisms are effective. The judicial power is where precedent can be made with response to cases in the high court system. The separation of powers enables people to challenge laws made by the parliament in court that may be opposing to human rights. Through the separation of power allowing the challenging of law, it ensures that no one is above the law and justice is met.

HSC LEGAL STUDIES PAST HSC QUESTIONS

HUMAN RIGHTS

Question 24 (6 marks) How effective have non-government organisations and the media been in promoting human rights? Use appropriate examples to support your answer. Non-government organisations and the media have been crucial when promoting rights. For example, for human trafficking and slavery non-government organisations such as Amnesty, Anti-Slavery International and Human Rights Watch in their campaigns, attempt to reduce the demand for the exploitation of people and the vulnerability of potential victims and also through providing support for victims that escape. The media also plays an important role in protecting human rights, as it reflects the changing attitude of society towards human right abuses. In 2006 SBS aired ‘Trafficked;’ a documentary about sex slavery in Australia and after receiving over 500,000 views it became the catalyst for trafficking victims to lodge compensation claims. Universities have also taken measures, with attempts to abolish slavery. The University of Technology Sydney introduced the Anti-Slavery Project in 2004, was dedicated to the elimination of modern slavery through joining government agencies and community groups. The University of Queensland established a Human Trafficking Working Group in 2008; which researched and analysed a number of cases within Australia. The effectiveness of the non-government organisations and media can be seen through the implementation of a variety of projects, films and documentaries promoting the importance of human rights and the attitude that opposing actions are human right abuses. However, there are limitations to the effectiveness of nongovernment organisations, as they must ensure they are not acting out of line with legal measures in place. For example, when protesting they must ensure they are promoting the human right, whilst also ensuring legislation is upheld (for example, not protesting in restricted areas.)

HSC LEGAL STUDIES PAST HSC QUESTIONS

HUMAN RIGHTS

HSC LEGAL STUDIES 2017 Section II Part A – Allow about 1 hour for this section Human Rights 15 marks Attempt Questions 21–23 Answer the questions in the spaces provided. These spaces provide guidance for the expected length of response. Question 21 (3 marks) Outline how trade unionism can protect labour rights. Trade unions are organisations of workers created to preserve and further the workers’ rights and interests. Trade unions can protect labour rights (rights at work, including rights to safe working conditions, minimum wages, paid leave or to join a trade union) by ensuring that fair wages and conditions are maintained, and many working practices are protected (for example, minimum wages and working conditions, equal pay, long service leave, paid public holidays, maternity leave, annual leave, occupational health and safety laws, and workers’ compensation). They can also provide legal advice for workers within the union and legal representation.

Question 22 (4 marks) Describe how the common law in Australia promotes and enforces human rights. Use an appropriate example to support your answer. Common law in Australia refers to the enforcement of statutes into the Australian Legal System. Often these statutes are based on treaties or international declarations, like the Universal Declaration of Human Rights. The concept of precedent exists within the common law system, as judges are able to make decision based on evidence and prior, similar convictions that are legally binding. There is a changing attitude in society, and hence, human right abuses are seen as a violation of what it means to be human, and hence, the courts reflect societal values through using precedents.

For example, in the case of R V Wei Tang (2009) 233 FLR 399; the definition of ‘exercising power’ was questioned and a ground of appeal for Wei Tang, as Wei withheld legal documents from females working in her brothel, however, she never physically restrained them. The Supplementary Convention on the Abolition of Slavery, the Slave Trade and Practices Similar to Slavery was referenced and hence, the judge rejected the appeal, due to the outlining of the definition in the international declaration.

HSC LEGAL STUDIES PAST HSC QUESTIONS

HUMAN RIGHTS

Question 23 (8 marks) Evaluate the effectiveness of both legal and non-legal responses to ONE contemporary human rights issue. Legal measures have been taken in Australia, highlighting slavery and human trafficking as contemporary human rights issues, however, non-compliance and lack of enforcement, has caused these legal measures to be ineffective. Australia’s first introduced sexual slavery law was the Criminal Code Act 1995, which under division 270, listed slavery as an offence against humanity and defined slavery ‘as the condition of a power over whom any or all of the powers attaching to the right of ownership are exercised including where such a condition results from a debt or contract made by a person.’ The amendment and expansion of the definition of slavery, under the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 (Commonwealth) was introduced 4 years later. The Commonwealth Modern Slavery Act 2018 required some entities to ‘report on the risk of modern slavery in their operations and supply chains and actions to address those risks.’ The Act was developed through consultations with business community and civil society and was passed on 24 November 2018. However, even with the establishing of the Commonwealth Modern Slavery Act, larger international businesses such as Nestle, continue to use slaves in their supply chains and are still prevalent businesses providing products in Australian stores. The Commonwealth Act was accompanied by the Modern Slavery Act 2018 (NSW), and was directed at the investigation of supply chains of NSW organisations. The NSW legislation also aimed to establish an Anti-Slavery commissioner to combat and raise awareness and to develop a responsive approach to support victims of slavery in all forms. In 2004, the Commonwealth Action Plan to Eradicate Trafficking in Person was introduced. This action plan seeks to enforce Australia’s anti-trafficking laws by bringing together police, immigration and victim support services under the Attorney- General’s Department. Associated funding was provided, assisting individual agencies with their solutions to address the problem. Individual agencies refer to agencies of government which deal and manage the issue. The effectiveness of legal measures can be seen, as the legal system has made constant reform, however, this reform has been made as a result of non-compliance

HSC LEGAL STUDIES PAST HSC QUESTIONS

HUMAN RIGHTS

still causing the issues to be widespread, hence showing the ineffectiveness of legal measures. Non-government organisations and the media have been crucial when promoting rights. For example, for human trafficking and slavery non-government organisations such as Amnesty International, Anti-Slavery International and Human Rights Watch in their campaigns, attempt to reduce the demand for the exploitation of people and the vulnerability of potential victims and also through providing support for victims that escape. The media also plays an important role in protecting human rights, as it reflects the changing attitude of society towards human right abuses. In 2006 SBS aired ‘Trafficked;’ a documentary about sex slavery in Australia and after receiving over 500,000 views it became the catalyst for trafficking victims to lodge compensation claims. Universities have also taken measures, with attempts to abolish slavery. The University of Technology Sydney introduced the Anti-Slavery Project in 2004, was dedicated to the elimination of modern slavery through joining government agencies and community groups. The University of Queensland established a Human Trafficking Working Group in 2008; which researched and analysed a number of cases within Australia. Through non-legal measures, a change in attitude has occurred, as now human trafficking and slavery are accepted as human right abuses, showcasing the effectiveness of these measures.

HSC LEGAL STUDIES 2016 Allow about 1 hour for this section Part A – Human Rights 15 marks Attempt Questions 21–23 Answer the questions in the spaces provided. These spaces provide guidance for the expected length of response. Question 21 (2 marks) Outline how international human rights are incorporated into Australian domestic law. Human rights are often ratified into Australian domestic law, through the passing of statute law by federal or state government. International treaties or declarations are viewed as precedents, and hence judges can make decisions according to international documents such as the Universal Declaration of Human Rights.

HSC LEGAL STUDIES PAST HSC QUESTIONS

HUMAN RIGHTS

Question 22 (6 marks) Discuss whether Australia should have a Charter of Rights. A Charter of Rights is a legal document that spells out the civil and political rights of citizens within a country. By implementing a Charter of Rights, it is believed that there will be less of an imbalance of rights within Australia, as those who are disadvantaged or more vulnerable may lack the protection of their rights. This can include Indigenous people and homeless individuals within our nation. By having a document that spells out their rights, it is easier to ensure justice; especially the elements of equality and access within our legal system. Another reason for the Charter of Rights, is the decrease in discrimination within our borders, as it is believed that the implementation of this right, will lessen the amount of discrimination in terms of citizens and Australia being a multicultural country.

However, on the other hand, Australia is a multicultural country and is not under strict, oppressive leadership, due to be a democratic country and hence, a Charter of Rights is not crucial in establishing the political rights of citizens. The Charter of Rights would be a legal document reflecting societal values, but within a changing society, the values of society are constantly changing. For example, forced marriage is viewed as a form of slavery and human trafficking in today’s society, but however, in Australia it used to be an accepted value, as parents believed it was their right to choose their children’s spouses. A Charter of Rights in the Constitution is very difficult and time consuming to alter and hence, the Carter of Rights may cause the Australian Legal System to face more challenges in the future and hence, is not beneficial.

HSC LEGAL STUDIES PAST HSC QUESTIONS

HUMAN RIGHTS

HSC LEGAL STUDIES 2015 Allow about 1 hour for this section Part A – Human Rights 15 marks Attempt Questions 21–23 Answer the questions in the spaces provided. These spaces provide guidance for the expected length of response. Question 21 (3 marks) Explain how the Australian Human Rights Commission OR another independent statutory authority promotes human rights. The Australian Human Rights Commission aims to deal with human right issues, by raising awareness through program. It investigates complaints about discrimination and human right breaches and produces reports according to the prevalence of human right abuses in Australia.

Question 22 (5 marks) Outline the role of law reform in the abolition of slavery. Reform has allowed the Australian legal system to have effective measures in place when responding to the contemporary issue of slavery and human trafficking. Australia’s first introduced sexual slavery law was the Criminal Code Act 1995, which under division 270, listed slavery as an offence against humanity and defined slavery ‘as the condition of a power over whom any or all of the powers attaching to the right of ownership are exercised including where such a condition results from a debt or contract made by a person.’ The amendment and expansion of the definition of slavery, under the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 (Commonwealth) was introduced 4 years later. This led to the ratifying of the protocol with effect from 14 October 2005, which was the Criminal Code Amendment (Trafficking in Persons Offences) Act 2005 (Commonwealth); redefining terms within division 271, including confiscate, deceive and threat. The Commonwealth Modern Slavery Act 2018 required some entities to ‘report on the risk of modern slavery in their operations and supply chains and actions to address those risks.’ The Act was developed through consultations with business community and civil society and was passed on 24 November 2018. The Commonwealth Act was accompanied by the Modern Slavery Act 2018 (NSW), and was directed at the investigation of supply chains of NSW organisations. The NSW legislation also aimed to establish an Anti-Slavery

HSC LEGAL STUDIES PAST HSC QUESTIONS

HUMAN RIGHTS

commissioner to combat and raise awareness and to develop a responsive approach to support victims of slavery in all forms. The ratification of the human right into Australian law and the constant reform that has taken place, depicts Australia effectively addressing and enforcing solutions to the widespread problem. Question 23 (7 marks) Compare the contributions of common law and statute law in enforcing human rights.

Common law enforcement of human rights has been crucial, as important rights have been developed and recognised. For example, Freedom of Speech is a common law freedom and embraces freedom of communication in government and political matters. Another example is property rights, which establish the legal ownership of property and it determines how a resource is to be ...