'The law aims to protect human rights - HSC - SSCE Legal Studies - Question 23 - 2016 - Paper 1

Human rights are protected by both international and domestic law. However, these laws are not always enforced adequately in practice, often leading to limited legal protections for individuals.

The case of asylum seekers attempting to enter Australia illustrates this issue. Although international law recognizes the right to seek asylum, as outlined in the Universal Declaration of Human Rights and the Refugee Convention (1951), there are significant limitations imposed by domestic law.

For example, under the Migration Act 1958 (Cth), individuals can be sent to offshore detention centers where their rights may not be protected as they would be on the mainland. The High Court has ruled that the law passed by Parliament about offshore detention is valid, despite concerns regarding the treatment of those individuals.

In this context, while international law exists to protect the rights of asylum seekers, the doctrine of state sovereignty allows Australia to circumvent this protection, further limiting the enforcement of human rights.