Human Rights Violations Human Rights Violations Toonen v Australia 1992 By TaYcEtY && ChRiiZZa Da CrUiiZeR

Which Human Rights Have Been Violated and How? Article 16 of the Universal Human Rights Declaration has been violated in this case because it states that Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. This human right was violated as the law that was passed made it a criminal act for two men to have any kind of sexual relations, even within their own home. This goes against the human right stated in the declaration because any couple regardless of their sexual preference should be able to engage in any kind of activities with whom ever they choose, even if marriage is not an option.

What Could have been done to Prevent these Violations? Tasmanian law could have adopted anti-discrimination laws and enforced the rights of individuals. They could have resolved the issue sooner without Toonen having to take it to the human rights commission,. Tasmanians should become less homophobic and more accepting of people’s choices and their sexuality.

Evaluate how effective the legal system has been in recognising and enforcing these human rights The legal system took a long time to come to this decision and therefore more money had to be spent. The main issue in this case was the fact that equality was non-existent as the gay community was being discriminated against. Also, the fact that it was one man against the whole of Australia was unequal because how can one man compete against the whole nation. Also, the fact that everyone is equal under the eyes of the law was not applied in this case because Toonen was discriminated against for being homosexual. The law was not very accessible as taking in the whole nation was not an easy feat. The rights of this man and the gay community were not protected as everybody should be equal under the eyes of the law, but they were discriminated against. The law that was made against homosexuals was not very enforceable as everyone has privacy in their own home, so how would anybody be able to police what kind of activities were taking place in one’s own home without using intrusive means. Individual rights were not recognised as everyone should have a choice on who they engage in any kind of relationship with, but the law made by the Tasmanian government completely disregarded this.

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