The Assignment Question

Breaking Down the Question With reference to human trafficking and 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. Protocol to Prevent, Suppress and Punish Trafficking in Persons

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.” “ human trafficking and slavery”

“Evaluate” - use these Criteria prompts CriteriaWhat does this mean? resource efficiencyGenerate the greatest possible benefit using the smallest possible quantity of legal resources accessibilityLegal resources available to as many people as possible enforceabilityTo compel behaviour or obedience to enforce a law responsivenessThe ability of the legal or non-legal measures to adjust quickly or react to the people or events protection of individual rights To prevent someone or something from suffering harm or injury application of the rule of law Rule of law the principle that no one is above the law; has 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 State Library – Human Rights State Library – Human Rights h+guide+Human+Rights.pdf Human Rights Commission – Case Studies studies-complaints-about-australia-human-rights-committee

Selected Resources You Tube – Contemporary Human Rights (Discrimination) Wiki – Summary of Human Rights Topic (Very Good) Legal Studies Association of NSW – Various papers / issues Ipad - Human Rights App legal/id ?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