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(a) To what extent have changing values in the community improved the legal rights of parents and children? OR (b) Evaluate the effectiveness of the law in achieving justice for parties involved in relationship breakdown. - HSC - SSCE Legal Studies - Question 28 - 2011 - Paper 1
Question 28
(a) To what extent have changing values in the community improved the legal rights of parents and children? OR (b) Evaluate the effectiveness of the law in achievi... show full transcript
Worked Solution & Example Answer:(a) To what extent have changing values in the community improved the legal rights of parents and children? OR (b) Evaluate the effectiveness of the law in achieving justice for parties involved in relationship breakdown. - HSC - SSCE Legal Studies - Question 28 - 2011 - Paper 1
Step 1
To what extent have changing values in the community improved the legal rights of parents and children?
Answer
The legal rights of parents and children have significantly evolved in response to changing societal values. Over the past few decades, there has been a shift towards recognizing the importance of children's rights, influenced by frameworks such as the United Nations Convention on the Rights of the Child (UNCRC).
This recognition has led to legislative transformations. For instance, laws have been modified to enhance parental responsibilities and protect children's welfare, reflecting a growing societal consensus that prioritizes the child's best interests. This includes reforms in custody laws that focus more on shared parenting arrangements, emphasizing the role of both parents in a child's life.
Moreover, changing societal attitudes towards gender roles have also impacted legal rights. The movement towards gender equality has influenced family law, granting mothers and fathers more equitable rights in custody and guardianship cases. Additionally, laws regarding adoption and surrogacy have been updated to accommodate diverse family structures, including same-sex couples.
In summary, the extent of improvement in legal rights is substantial, as reflected by legislative reforms and a more pronounced recognition of children's and parents' rights, influenced by evolving community values.
Step 2
Evaluate the effectiveness of the law in achieving justice for parties involved in relationship breakdown.
Answer
The effectiveness of the law in achieving justice for parties involved in relationship breakdowns can be assessed through various lenses, including legal frameworks, enforcement mechanisms, and the support available to individuals.
Firstly, family law frameworks provide avenues for resolving disputes, such as mediation and court interventions. These legal mechanisms aim to ensure fair treatment during separation and divorce, addressing issues like property distribution, child custody, and support payments. The introduction of alternative dispute resolution has improved access to justice, allowing parties to settle disputes amicably outside of court.
However, effectiveness is often hindered by systemic issues in the legal system, such as delays in court proceedings and the accessibility of legal assistance. Many individuals find navigating the legal landscape challenging, which can lead to uneven outcomes in justice.
Furthermore, while laws exist to protect vulnerable parties, such as those experiencing domestic violence, enforcement of these laws can be inconsistent. There is a recognizable gap between legal provisions and their practical application. For justice to be effectively achieved, ongoing reforms and training for legal professionals are necessary to sensitively address the dynamics of relationship breakdowns.
In conclusion, while the law provides essential mechanisms for justice during relationship breakdowns, its effectiveness is often compromised by practical limitations, highlighting the need for continuous improvement in both legislation and practice.