Development of specific

Question 1

Outline how the abolition of slavery has helped protect human rights. (4 marks)

Answer 1

The transatlantic slave trade of the 17th- 19th century, saw European ships trade products for slaves in West Africa, with the profits returned to European powers.
Slaves forces to carry out labour- intensive jobs with little to no compensation.
Abolitionism began in the 18th century in the UK. The Slavery Abolition Act 1833 (UK) fully abolished slavery, Australia was held to this Act.
All US slaves were freed by 1865, and slavery was abolished by the addition of the Thirteenth Amendment to the Constitution of the United States of America 1787 (US).
International responses: European countries met to sign the General Act of the Brussels Conference relating to the African Slave Trade (first major collaboration of interational states). League of Nations passes the Convention to Suppress the Slave Trade and Slavery (1926) - comprehensive convention on abolishin slavery worldwide. This was ratified by Australia.
Article 4 of The Universal Declaration of Human Rights (1948): No one shall be held in slavery or servitude.
Slavery still exists but forms have changed.
Australia first introduced sexual-slavery laws with the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 (Cth) (repealed). This Act refined sexual-slavery laws and added more specific human- trafficking offences to the federal Criminal Code Act 1995 (Cth).

Question 2

Outline the development of trade unionism and labour rights. (4 marks)

Answer 2

Trade unions first emerged in the Industrial Revolution. This was a response to lack of safety, low wages, and long working hours. If all workers went on strike, the employer would have to listen to their demands.
The Trade Union Act 1871 (UK) secured the legal status of trade unions.
In the 19th century in Australia, trade unions joined together to form the Australian Labour Party.
The First International and the Second International were organisations of unions and political representatives from around the world urging improved working conditions.
In 1919, the International Labour Organisation (ILO) was formed as an agency of the League of Nations. It later became an agency of the UN.
Labour rights were finally enshrined in Articles 23 of The Universal Declaration of Human Rights (1948). (Everyone has the right to just and favourable remuneration.)
Protected by domestic law through the Fair Work Act 2009 (Cth).

Question 3

Outline how the right to universal suffrage has developed over time. (4 marks)

Answer 3

Even in democracy, suffrage was historically restricted to either men or wealthy men.
The Commonwealth Franchise Act 1902 (Cth) granted men and women of all states the right to vote. Indigenous people were excluded from this right unless they already had the right to vote before 1901.
The Commonwealth Electoral Act 1962 (Cth) granted all Indigneous people the right to vote in federal elections. A 1967 constitutional referendum finally gave them the right to be counted in the Census.
The right to vote was recognised as in Article 21 of the UDHR (1948)- Everyone has the right to take part in the government of his country.

Question 4

Outline how the right to education has developed over time. (4 marks)

Answer 4

In early civilisations, formal education was restricted to the wealthy.
Article 26 of the UDHR (1948) said Everyone has the right to education. Also in Article 13 of the ICESCR (1966).
Although education is accessible in almost every country, some children are still limited. In 2015, the Sustainable Development Goals said ‘Ensure inclusive and equitable quality education and promote lifelong learning for all.’
Education is important for access to opportunity and socioeconomic development. Include something about primary and secondary education.
No Commonwealth legislation explicitly enshrines the right to education. The Education Act 1990 (NSW) makes school attendance compulsory until 17.

Question 5

Outline how the right to self- determination has developed over time. (4 marks)

Answer 5

Self determination is the right of people to choose how they are governed and make decisions, free from any external influences.
Between 1933 and 1960, 53 countries became self- governing. Some groups such as the Palestinians are still fighting.
It was recognised in the Treaty of Versailles (1919).
Contained as the primary right in both the ICCPR and ICSECR (1966).
Improved through Mabo v. Queensland (1992).
Australia was one of 4 to object to the UN Convention on the Rights of Indigenous Peoples (2007).

Question 6

Environmental rights

Answer 6

Many rights can not be realised without a safe and healthy environment. Climate change poses a threat to the right to life, food security, water, and health.
Although there is no universal recognition of human rights, treaties such as the Kyoto Protocol (1997) are an attempt by the international community to deal with environmental problems.

Question 7

Peace rights

Answer 7

Fundamental entitlements afforded to all people to live free from conflict, war or any form of oppression.
Article 1 of the UN Charter (1945) states the purpose of the UN is to ‘Maintain international peace and security.’
The UN Declaration on the Rights of Peoples to Peace (1984), declared government policies should be directed towards eliminating the threat of war, and the renunciation of force in international relations.
The Treaty on the Prohibition of Nuclear Weapons (2017) was approved by the UN General Assembly. It is ‘Deeply concerned about the catastrophic humanitarian consequences’ of nuclear war.

Question 8

How has the UDHR contributed to the development of human rights? (3 marks)

Answer 8

In 1947, a committee was chosen to develop a draft identifying what key human rights are, chaired by Eleanor Roosevelt. It was created in December 1948.
It had 30 extremely important rights, with implications for society and the individual eg. right to life, thought and religion.
It is a soft law, meaning it is officially non- binding, but still influential.
It has become an enduring statement that has inspired over 200 treaties, conventions and declarations in the last 50 years.
Although it is not a formal treaty, it has arguably become a part of international customary law.

The UDHR (1948) has been extremely important in defining the universal human rights that are inherent, inalienable and universal. Rights such as “No one shall be subject to slavery” are enshrined within Article 4, and have consequently attempted to promote compliance with this. Although it is not enforceable, it has given rise to over 200 conventions, treaties, and declarations such as the International Bill of Rights (1966). Through defining and promotion, it sets standards for the international community.

Question 9

How has the ICCPR contributed to the development of human rights? (3 marks) - 2020 paper

Answer 9

The International Covenant on Civil and Political Rights (1966) cretes an obligation on states to respect the civil and political rights of all individuals, eg. equality between men and women (articles 2 and 3).
It contains monitoring and periodic reporting arrangements for member states. Increases compliance.
It is overseen by the UN Human Rights Committee, which reports on compliance by member states and investigations violations. Notable exceptions to the treaty include China and Cuba, both of whom have signed but not ratified the treaty.

Question 10

How has the ICCPR contributed to the development of human rights? (3 marks) - 2020 paper

Answer 10

The International Covenant on Economic, Social and Cultural Rights (1966) created an obligation on states to work towards granting economic social and cultural rights of individuals, eg. labour rights and trade unions. It turned the “social rights” the International Labour Organisation had been working on into real rules.
It is overseen by the UN Committee on Economic, Social and Cultural Rights. Mandatory monitoring and periodic reporting arrangements for member states. Increases compliance.
At the time the Twin Covenants entered into force in the mid - 1970s there was a period of improved international relations between the Cold War superpowers.
Includes the right to self- determination in the primary article.
Had an impact on a number of other documents such as the African Charter on Human and People’s Rights (1981).
Countries that have ratified it incorporate protections into domestic law -> increasing protection of human rights.

Question 11

How has the ICESCR contributed to the development of human rights? (3 marks)

Answer 11

The International Covenant on Economic, Social and Cultural Rights (1966) created an obligation on states to work towards granting economic social and cultural rights of individuals, eg. labour rights and trade unions. It turned the “social rights” the International Labour Organisation had been working on into real rules.
It is overseen by the UN Committee on Economic, Social and Cultural Rights. Mandatory monitoring and periodic reporting arrangements for member states. Increases compliance.
At the time the Twin Covenants entered into force in the mid - 1970s there was a period of improved international relations between the Cold War superpowers.
Includes the right to self- determination in the primary article.
Had an impact on a number of other documents such as the African Charter on Human and People’s Rights (1981).
Countries that have ratified it incorporate protections into domestic law -> increasing protection of human rights.

Question 12

Using an example, describe the relationship between state sovereignty and human rights. (4 marks) 2021 paper

Answer 12

State sovereignty refers to the right of a state to independence and freedom for external interference in its affairs.
The characteristics of a state are: a permanent population, a defined territory, a government, and the capacity to enter into international relations.
Statehood can have implications on human rights; people may be unable to claim protections under the international human rights regime if they live within the territory of an unrecognised state. For example in 2009, the Taiwanese government ratified the ICCPR, however as they don’t have UN membership, their citizens do not have the right to complain to the UN Human Rights Committee.
Some countries may rely on sovereignty to justify mistreatment of their own citizens, and extreme cases may commit human rights abuses with impunity.
A state is the only entity in international law capable of exercising full political capacity.

Question 13

Explain the role of the UN in promoting and enforcing human rights. (4 marks) - 2019 question

Answer 13

Substantial power with over 193 member states.
It has responsibility law almost every aspect of international affairs, and is the avenue through which much of the world’s international development assistance and the majority of international cooperation takes place.
Mandatory monitoring and periodic reporting arrangements of International Bill of Rights for enforcement and compliance.
Documents such as the UDHR arguably make up an important part of international customary law and set standards.
Maintain peace through the primary judicial organ of the International Court of Justice to settle disputes between member states.
In 2011, Libya descended into armed civil conflict. The UN Security Council declared a ‘no- fly’ zone to prevent further harm on the Libran people. The resulting military action was said by some to intervene in state sovereignty.

Question 14

Outline the principal organs of the UN and their functions. (5 marks)

Answer 14

The five principal organs are:
- The UN General Assembly: All states have equal voting power. Main forum for international discussions and deliberations. The UN Human Rights Council reports directly to the UN General Assembly.
- The UN Security Council: Responsible for the preservation of international peace and security. It can issue legally binding resolutions, authorise military operation, sanctions, and peacekeeping operations. Five permanent members: China, Russia, France, US, UK, can veto decisions. There are also 10 non- permanent members with two- year terms.
- Economic and Social Council: Has 54 rotating members. In 2006, the body was transferred to the UN General Assembly to become the UN Human Rights Council.
- UN Secretariat: Main administrative body of the UN. It includes the Office of the High Commissioner for Human Rights.
- International Court of Justice: Primary judicial organ. Under the UN Charter, it has jurisdiction to settle international disputes submitted by member states and produce advisory opinions.
UN Human Rights Council: Relatively new intergovernmental body under the UN General Assembly. Aims to address human rights violations, make recommendations, and work closely with the OHCHR. To increase its power to address human rights abuses: implemented a complaints procedure so individuals can bring issues, compulsory periodic reviews, and an Advisory Committee.

Question 15

Explain the role of intergovernmental organisations in enforcing human rights. Include an example in your answer. (5 marks) 2020 paper

Answer 15

An intergovernmental organisation is an international institution made up of member states.
Usually permanent and meet regularly. They can enter into enforcement agreements and are subject to international law.
They have a treaty that outlines the purpose and operation.
The UN is the most important IGO, and others include the WTO, IMF, and NATO (North Atlantic Treaty Organisation).
IGOs can exert significant influences on the human rights situation of their member states.
The Commonwealth of Nations aims to include the promotion of democracy, rule of law, and human rights. Several members have been suspended due to human rights violations, including Zimbabwe in 2002. It is made up of 54 members.
The African Union aims to bring about security and peace, good governance, and human rights. It includes the African Commission on Human and People’s Rights, with responsibility for monitoring and promoting compliance with the African charter.
For example, NATO continues to train Iraqi forces to strangthen fighting against terrorism and protect peace rights.

Question 16

Outline the role of the International Court of Justice in protecting and enforcing human rights. (4 marks)

Answer 16

Organ of the UN started in 1946. It has two roles: to hear and judge disputes between states, and to issue advisory opinions on matters of international law.
Heard few judgements, but some important decisions. In Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, the ICJ ruled the wall encroached on disputed territory, however the UN Security Council has not enforced the ruling. It is criticised because it requires the consent of state parties to hear matters and so has very little jurisdiction. It has issued important judgments that act as significant guides for future actions.

Question 17

Outline the role of the International Criminal Court in protecting and enforcing human rights. (4 marks)

Answer 17

Commenced operation in 2002 to prosecute international crime. Not for human rights violations specifically, but hears matters such as genocide and war crimes. It can hear crimes of aggression (illegal war). It can prosecute individuals rather than states, making it powerful against individuals who use state sovereignty as a defence for their abuses.
The significance of the ICC is that it is a permanent international criminal court dealing with individuals who perpetrate war crimes. It can impose penalties ranging from fines to life imprisonment.
Not all nations (the USA ad china), consent to the jurisdiction of the ICC, and therefore it must rely on the support of signatory nations.
High cost of investigations and long delays of bringing offenders to trial.
In 2008, prosecutors of the International Criminal Court filed a number of charges against the Sudanese President Omar al- Bashir for ongoing atrocities against tribal groups. In 2009, the ICC issued a warrant for al- Bashir’s arrest for committing war crimes, however the Sudanese Government refused to recognise the jurisdiction of the ICC. In 2014, the ICC suspended the case on the grounds that nothing had been done to secure his arrest.
The ICC’s first trial, of Congolese militia leader Thomas Dyilo, began in 2009. In 2012, he was found guilty of enlisting and conscripting children under the age of 15 into a militia and encouraging hostilities in the Republic of Congo. The ICC sentenced him to a 14 year jail term in 2012.

Question 18

Outline the role of tribunals in protecting and enforcing human rights. (3 marks)

Answer 18

Case: Prosecutor v. Tihomir Blaskic (2000). Heard in the ad hoc International Criminal Tribunal for the Former Yugoslavia, set up by the Security Council to prosecute those responsible for war crimes during the break up of Yugoslavia. This paved the way for the International Criminal Court. Successful.
International Tribunal for the Law of the Sea.
Ensures prosecution of human rights violations.

Question 19

How effective have non- government organisations and the media been in promoting human rights? Use appropriate examples to support your answer. (6 marks)
2018 paper

Answer 19

Non-government organisations (NGOs) and the media can be very effective tools in the promotion of human rights. Human rights abuses are brought to the attention of the world in the media and through NGOs such as Amnesty International and Human Rights Watch. Amnesty International is effective in reporting on human rights abuses to the United Nations. But NGOs rely heavily on support from donations and volunteers. Their efforts can be hindered by countries denying access to war-torn areas.
NGOs collaborate to protect human rights and humanitarian work with various government and intergovernmental organisations.
Play an indispensable role in spreading awareness and catalysing progress.
They investigate, research and document human rights violations, providing evidence to international courts. They encourage other states to take action against violating states.
The International Committee of the Red Cross is strictly concerned with protecting the life and dignity of victims of international and other armed conflicts. It has been allowed observer status at the UN General Assembly. It was set up in 1863.

Media coverage is a very powerful tool in the promotion of human rights. The media can name and shame governments eg to get people to pressure their government to act. Social media platforms spread awareness and expose abuses and government policy, although media campaigns and reports on human rights abuses in countries such as Syria can result in compassion fatigue and reduce people’s willingness to act. Despite their limitations, NGOs and the media inform, educate, and incite action, to effectively promote human rights.
It investigates, reports and exposes instances of human rights abuses. It can influence public opinion and help bring about change.
Developing countries often limit internet access, and therefore the information they can find.
In many countries it is often unsafe for reporters to undertake their work.
The role of a free and impartial media is recognised by Article 19 of the UDHR.

Question 20

Outline how human rights are incorporated into Australian domestic law. (3 marks)

Answer 20

Signing a treat does not make it binding. It needs to be ratified before it is binding and enforceable.
Australia has a dualist system, which means the rights and obligations need to be incorporated into Australian law.
When Australia ratified the Rome Statute of the International Criminal Court in 2002, the Commonwealth Parliament simultaneously passed the International Criminal Court Act 2002 (Cth), to enact the provisions of the treaty into Australian law.

The International Convention on the Elimination of All Forms of Racial Discrimination protected by Racial Discrimination Act 1975 (Cth). The Convention on the Elimination of All Forms of Discrimination Against Women protected by the Sex Discrimination Act 1984 (Cth).

Question 21

Explain how the separation of powers can protect human rights in Australia. Use an appropriate example to support your answer. (5 marks) 2018 paper

Answer 21

Separation of powers is written into Australia’s Constitution, and divides power between the executive, legislature and judiciary. It means that no one arm of the government has too much power and allows for checks and balances eg no political party or member of the government can interfere with the decisions made by a judge or magistrate. This is important to avoid the arbitrary abuse of power and to uphold the rule of law. Both the legislature and the judiciary can make laws to protect human rights eg the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) limits the powers of the executive (police) and in Dietrich v The Queen (1992) the High Court judges protected the right to legal representation. Separation of powers enables people to challenge laws made by the parliament in court if they believe the law contravenes their human rights eg Mabo v Queensland (1992). Separation of powers protects human rights by ensuring that no one is above the law and providing fairness and access to the law.

Question 22

Explain how the division of powers can protect human rights in Australia. Use an appropriate example to support your answer. (4 marks)

Answer 22

The division of powers is between the Commonwealth and the Australian states. As the Commonwealth holds the external affairs power, human rights treaties have enabled the Commonwealth Parliament to bind states, and legislate to protect rights universally across jurisdictions. It is the Commonwealth Government to that decides whether or not to take on obligations to observe international human rights standards.

The Commonwealth Government has responsibility for ensuring Australia’s observance of internationally recognised human rights. But state governments have responsibility to make and administer many of the laws that are relevant to human rights observance including land matters, health and education issues.

Article 26 of the UDHR (1948) says everyone has the right to education. The Education Act 1990 (NSW) makes school attendance compulsory until 17.

Question 23

Outline how human rights are protected by the Australian Constitution. Outline the difference between express rights and implied rights.

Answer 23

It lays down the system through which human rights are recognised, including the separation of powers and division of powers, and it is the source of some specific human rights.

Express rights in the Constitution: Section 116 protects Freedom or religion. ICCPR Article 18.
The High Court has found rights may be implied by the language of the constitution. Implied rights limit the ability of the Constitution to act as a protector of human rights.
Implied rights provide the public with some constitutional protection from the excessive power of the executive government and the parliament. These branches of government cannot change the Constitution without a referendum, so they cannot legislate to override implied rights.
The development of implied rights and the High Court’s role in deciding and articulating them provides the Constitution with a degree of flexibility it would not ordinarily have. Implied rights allow the High Court to make rights-based rulings that are consistent with both the content of the Constitution and changing social values, circumstances and expectations.
Lange v. Australian Broadcasting Commission (1997) = High Court found right to free speech implied.

Question 24

Discuss how statute law promotes and enforces human rights. Use an appropriate example to support your answer.

Answer 24

Statute law is not fixed, they can be removed by later acts of parliament.
Can be proactive compared to common law. Doesn’t need to wait for a case to make it a right. Introduce bill and reflect changes in human rights standards.
Many laws have been wide reaching.
Important pieces of human rights legislation include: The International Convention on the Elimination of All Forms of Racial Discrimination protected by Racial Discrimination Act 1975 (Cth). The Convention on the Elimination of All Forms of Discrimination Against Women protected by the Sex Discrimination Act 1984 (Cth).

Question 25

Discuss how common law promotes and enforces human rights. Use an appropriate example to support your answer.

Answer 25

Common law is made by judgements of courts. Does not offer absolute protection, because legislation that conflicts with common law overrides it.
It can not be relied upon to develop new rights, as judgements are made if and when a relevant matter is brought to the court. The Supreme Court recognised a person’s right to privacy in Giller v Procopets (2008), where a partner shared the other’s explicit photos. Reflects changing moral and ethical standards. Does not promote human rights, but enforces. Good for increasing compliance. For example rights of Indigenous People not properly recognised until Mabo v Queensland 1992.

Question 26

Describe how courts and tribunals promote and enforce human rights. Use an appropriate example to support your answer.

Answer 26

Australian Human Rights Commission: An independent national/ statutory body established to deal with alleged violations of the Racial Discrimination Act 1975 (Cth) and the Sex Discrimination Act 1984 (Cth), but also to deal with human rights generally. Functions include: investigating complaints of human rights abuses, promoting public awareness, conducting public inquiries into human rights, and making submissions to parliament. In 1997, the inquiry into the Stolen Generation called Bringing Them Home, recommended an apology be made by the Government to the victims. In 2008, Kevin Rudd apologised. It has two complaints functions: it can investigate discrimination and try to conciliate, or it can take the matter to the Federal Court of Australia. It can also take breaches in human rights legislation to the Attorney- General. No findings are enforceable.

High Court of Australia: It has the power to set precedents that are binding on other courts, and overrule conflicting state and territory legislation. Eg. The decriminalisation of homosexuality (Croome v Tasmania), and the constitutional right to freedom of political communication (Lange v Australian Broadcasting Corporation). The case of Mabo v Queensland (1992) was one of the most influential. It has the power to declare legislation inconsistent and invalid, thus the most important human rights protector. Important tenet of the Separation of Powers.

ADD MORE?

Question 27

Describe how NGOs and the media promote human rights in Australia.

Answer 27

NGOs
Research and report, make submissions to state and Commonwealth parliaments or law reform bodies.
They shape public and political opinion, and expose violations.

The media
In 2019, Law Council of Australia President, Arthur Moses, spoke about the ‘creeping erosion of human rights and freedoms’ due to anti- terrorism and national security laws ‘which pose a threat to press freedom and and personal liberties’.

Question 28

Discuss the arguments for and against a Charter of Rights in Australia. (7 marks)

Answer 28

An express right (also known as an explicit right) is a right that is specifically listed in a document of constitution. For example, the Constitution details the right to freedom of religion (s.116)
An implied right is a straight that can be inferred from the Constitution, rather than being expressly stated. For example, the High Court has found that the Constitution contains the implied right to freedom of political communication (Lange v ABC, 1997 Cth)
Australia is the only western nation that does not have a national bill of rights. Here, rights are mainly protected by a legislation and common law approach, and structured protection such as the right to vote.
Arguments for: Australian law does not protect fundamental freedoms. A Bill of Rights would give recognition to certain universal rights. A Bill of Rights would give power of action to Australians who are otherwise powerless. A Bill of Rights would bring Australia into line with the rest of the world. A Bill of Rights would meet Australia’s international obligations. A Bill of Rights would enhance Australian democracy by protecting the rights of minorities. A Bill of Rights would put rights above politics and arbitrary governmental action. A Bill of Rights would improve government policy-making and administrative decision-making. A Bill of Rights would serve an important educational function. A Bill of Rights would promote tolerance and understanding in the community.
Arguments against: Rights are already well protected in Australia. The High Court is already protecting rights through its interpretation of the Constitution and the common law. Rights listed in the Constitution or Acts actually make little or no difference in protecting rights. The political system itself is the best protection of rights in Australia. A Bill of Rights would actually restrict rights, that is, to define a right is to limit it. A Bill of Rights would be undemocratic to give unelected judges the power to override the judgement of parliament. A Bill of Rights would be very expensive given the amount of litigation it would generate. A Bill of Rights would be alien to our tradition of parliamentary sovereignty.
In 2008 an inquiry titled the National Human Rights Consultation was established, to look into whether Australia should adopt a form of a Charter of Rights. Findings found we should adopt one.
In August 2017, the Australian Bill of Rights Bill 2017 reached federal parliament. However, by February 2018 the bill was removed from parliament notices.

Question 29

How effective are international responses in enforcing human rights? In your response, refer to at least ONE contemporary issue. (7 marks) 2019 paper
Evaluate the effectiveness of legal and non- legal responses to ONE contemporary human rights issue. (8 marks) 2017 paper

How effective are domestic legal and non legal responses in protecting and enforcing human rights? Refer to at least ONE contemporary issue. (6 marks)

Answer 29

General Information
Global Slavery index uses the term ‘modern slavery’ to refer to ‘human trafficking, forced labour, debt bondage, forced marriage, and the exploitation of children’. People involved are in ‘situations of exploitation that a person cannot refuse or leave because of threats, violence, coercion, abuse of power, or deception.’
International Labour Organisation estimates 40 million people worldwide are in some form in 2020.
Types of Slavery. Forced labour: work performed under the threat of penalty or harm, may be factories, sweatshops, mining or construction, may be lured with legitimate opportunity. Debt bondage: forced to repay a loan with labour instead of money, proper value of the labour is not applied toward the repayment of the debt, impossible to pay. Sexual slavery: repeated sexual abuse or forcing victim to provide sexual services, usually women and children, victims may br captured, coerced, decieved, or even sold by their own families.
Human trafficking is the commercial trade or trafficking in human beings for the purpose of some form of slavery. The Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children (2000) was adopted by the UN in 2000, and ratified by 173 countries.
UN Office on Drugs and Crime estimates that there are over 2.5 million victims of human trafficking across state borders.
According to the ILO, profits from human trafficking worldwide are over US$150 billion.
The US State Department’s Trafficking in Human Persons Report assesses the efforts to combat HT by international agencies and governments. It is a significant source of data, and provides a report card on the progress of each country.
International Legal responses:
Abolitionist Movement
Article 4 of the UDHR (1948) “ No one shall be heard in slavery or servitude.” In Australia, this culminated in the Modern Slavery Act 2018 (Cth).
Main international instrument is the United Nations Conventions against Transnational Organised Crime (2000) adopted by the UN General Assembly. It was designed to foster close international cooperation. Part of this was also the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children (2000), which was the first global legally binding instrument. Designed to endure that domestic and international measures were synchronised to enable the prosecutions and support the victims of human trafficking in person with full respect for their human rights.
It is estimated that over $220 billion of products sold around the world are generated by slave labour. In 2011, the UN Human Rights Council unanimously endorsed the Guiding Principles on Business and Human Rights. They provide a global standard for preventing and addressing the risk of adverse human impacts linked to business activity.
Alliance 8.7 is a Sustainable Development Goal: “Take immediate and effective measures to eradicate forced labour by 2025.”
Legal Domestic responses
The Government established a HT strategy in 2003 and has since dedicated almost $60 million.
Australia ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children (2000) in 2005.
Australia first introduced sexual-slavery laws with the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 (Cth) (repealed). This Act refined sexual-slavery laws and added more specific human- trafficking offences to the federal Criminal Code Act 1995 (Cth). The current provisions are in Divisions 270 and 271 of the Criminal Code Act 1995 (Cth); they include penalties of up to 25 years’ imprisonment for some offences.
In 2008, the federal government introduced new measures under the Commonwealth Government Anti-Trafficking Strategy. Measures included increased specialist training and funding to the AFP, and victim support measures.
Australia’s Modern Slavery Act 2018 (Cth) calls for corporations worth $100 million and over to report on slavery in their supply chains in a public repository. The legislation establishes a ‘modern slavery reporting requirement’ that requires eligible Australian entities and foreign entities that are carrying on business in Australia to submit ‘modern slavery statements’ every 12 months. However, it does not support large businesses to work towards due diligence human rights practices, it does not penalise non-reporting, and it does not provide for an Anti-Slavery Commissioner with an educational, reporting, enforcement and regulatory oversight role.
NGOs and Media
In July 2006, SBS aired Trafficked, a documentary about sex slavery in Australia; the documentary was watched by over 500 000 viewers. Trafficked shocked the country and acted as a catalyst for some victims of trafficking to lodge compensation claims.
The University of Technology Sydney’s Anti-Slavery Project began in 2004; it is dedicated to the elimination of modern slavery in all its forms through collaboration with government agencies and community groups.

The implementation and enforcement of international treaties, especially the 2000 protocol, is left up to national governments. While some states vigorously pursue offenders, others may be unwilling or unable to effectively tackle the problem. The UN, the International Labour Organization and NGOs all play a crucial role in encouraging such countries to continue their efforts, and reporting mechanisms such as the US State Department’s Trafficking in Human Persons Report help expose the continuing deficiencies of these countries’ efforts.