Unit 2 AOS 3

Question 1

Explain the meaning and development of human rights

Answer 1

Human rights are needed to protect and preserve every individual’s humanity, to ensure that every individual can live a life of dignity and a life that is worthy of a human being. Human rights were developed by the UN in 1948, the UN has since worked to protect human rights through legal instruments and other activities.

Question 2

Provide an overview of the ways in which human rights are protected in australia, such as through the australian constitution, the victorian charter of human rights, and statute and common law.

Answer 2

Human rights are protected in australia by things such as the Australian constitution which provides explicit protections for human rights. The Vic charter of human rights protects human rights by outlining a range of civil and political rights, such as the right to life, freedom of expression, and protection from torture. Common lawcourts have the power to uphold human rights principles, including the rule of law, while statutes provide detailed and precise rules that directly protect human rights.

Question 3

Using one human rights issue explain: the nature and development of the human right; the laws that apply to the human right; possiblke conflicting attitudes; possible reforms to the protection of human right; one case study in relation to the human rights issue, in which an individual or group hs influenced the protection of the right.

Answer 3

One human rights issue is the right to humane treatment when deprived of liberty. This right was made in 2006 by the Charter of Human Rights and Responsibilities act.
* minimum standards of care and basic conditions that must be maintained in places of detention
* If detained you must be kept seperately from people who have been convicted
* If you’ve been detained by law enforcement authorities, you must be treated with respect
Possible reforms: Youth justice act was made into law August 2024, main changes was age of criminal responsibilty to 12, changed doli incapax, diversion programs before juvi and other stuff.
Possible conflicting attitudes:some people advocate for strict punitive measures and believe that individuals who are incarcerated deserve harsh conditions as a consequence of their actions.
Don dale case study: children’s rights especially dillon voller’s were not respected. Footage showing the treatment of juveniles in detention was described as “unthinkably evil”, “unspeakable cruelty”, “likely unlawful” and “truly shocking and distressing”.