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With reference to ONE contemporary human rights issue, explain the role of state sovereignty in enforcing human rights. - HSC - SSCE Legal Studies - Question 24 - 2011 - Paper 1

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With reference to ONE contemporary human rights issue, explain the role of state sovereignty in enforcing human rights.

Worked Solution & Example Answer:With reference to ONE contemporary human rights issue, explain the role of state sovereignty in enforcing human rights. - HSC - SSCE Legal Studies - Question 24 - 2011 - Paper 1

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Explain the role of state sovereignty in enforcing human rights

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State sovereignty refers to the authority of a state to govern itself without external interference. In the context of enforcing human rights, state sovereignty plays a vital role as it allows governments the power to create and enforce laws that protect human rights within their territories.

A contemporary human rights issue that highlights the role of state sovereignty is the refugee crisis caused by ongoing conflicts in regions such as Syria. Here, the principle of state sovereignty ensures that individual nations have the right to manage their borders and immigration policies.

This can lead to challenges in enforcing human rights as states can refuse entry to refugees, citing concerns over national security or resource management. However, international human rights laws, such as the 1951 Refugee Convention, urge states to protect the rights of individuals seeking asylum, thus creating a tension between sovereign rights and international human rights obligations.

In summary, while state sovereignty provides governments with the authority to enforce human rights, it can also pose barriers, particularly in situations where national interests conflict with global human rights standards.

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