The document provides guidance on summarizing the given question on evaluating the role of law reform in protecting human rights with reference to human trafficking and slavery. It defines the key terms and criteria for evaluation. It also lists several curriculum points and resources addressed in the assessment.
The document provides guidance on summarizing the given question on evaluating the role of law reform in protecting human rights with reference to human trafficking and slavery. It defines the key terms and criteria for evaluation. It also lists several curriculum points and resources addressed in the assessment.
The document provides guidance on summarizing the given question on evaluating the role of law reform in protecting human rights with reference to human trafficking and slavery. It defines the key terms and criteria for evaluation. It also lists several curriculum points and resources addressed in the assessment.
slavery, evaluate the role of law reform in the protection of human rights “With reference to”
Asks you to focus on particular issues – in this
case human trafficking and slavery
The issues of human trafficking and slavery
become the contextual ‘lens’ through which you approach and answer the question “human trafficking and slavery” Define the terms
• human trafficking - Article 3, paragraph (a) of the
Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. “human trafficking and slavery” Define the terms
• Slavery - The Slavery Convention
(1926) says that “slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.” “Evaluate” - use these Criteria prompts
Criteria What does this mean?
resource efficiency Generate the greatest possible benefit using the smallest possible quantity of legal resources accessibility Legal resources available to as many people as possible enforceability To compel behaviour or obedience to enforce a law responsiveness The ability of the legal or non-legal measures to adjust quickly or react to the people or events protection of individual To prevent someone or something from suffering harm or rights injury application of the rule of Rule of law the principle that no one is above the law; has law due process been followed by law enforcement and law makers? has justice been achieved? Is the outcome fair & reasonable? Has there been a fair hearing by an unbiased decision maker? “Role of Law Reform”
Role of law reform – how effectively has the
law adapted to implement human rights entitlements?
“Law” refers to international AND domestic
legal instruments “Protection of Human Rights”
The protection of human rights
Issues to consider include:
What rights are effectively protected? What rights are NOT effectively protected? Why and how are rights ineffectively or effectively protected? Curriculum Learn to Points You Did in Prelim • distinguish between domestic and international law and examine the impact of state sovereignty • describe the role of the various organisations involved in international law • examine how international law impacts on and is incorporated into Australian law • examine the conditions that give rise to law reform • describe the role of agencies involved in law reform • assess the effectiveness of law reform in achieving just outcomes with regard to a contemporary law reform issue. Curriculum Learn to Points Addressed in this Assessment • evaluate the effectiveness of the legal and non-legal responses to this issue. Criteria to evaluate effectiveness include: • resource efficiency • accessibility • enforceability • responsiveness • protection of individual rights • meeting society’s needs • application of the rule of law • has justice been achieved? Curriculum Learn to Points Addressed in this Assessment • evaluate the effectiveness of international responses in promoting and enforcing human rights • outline how human rights are incorporated into Australian domestic law • evaluate the effectiveness of Australian responses in promoting and enforcing human rights Selected Resources State Library – Human Trafficking http://guides.sl.nsw.gov.au/content.php?pid=273664&sid=2373571
https:// www.humanrights.gov.au/human-rights-explained-case-studies-co mplaints-about-australia-human-rights-committee Selected Resources You Tube – Contemporary Human Rights (Discrimination) http://www.youtube.com/watch?v=AHmcbdHjREM
Legal Studies Association of NSW – Various papers / issues
http://www.lsa.net.au/section/84-resources.aspx
Ipad - Human Rights App
https:// itunes.apple.com/au/app/human-rights-app-hsc-legal/id52699673 7?mt=8 A highly marked response includes? • A focus on human trafficking and slavery • A clear identification of the links between international and domestic law through an explanation of the relationships between the two. • International instruments, domestic legislation and cases are referenced to illustrate the interrelationships between international and domestic laws • Critical, criteria driven, analysis of how effective international and domestic laws realistically provide a protective framework for human rights • Issues are clearly stated, logically ordered, linked and synthesised in a well structured essay format • Legal terminology is appropriately used and legal concepts correctly integrated into the response