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Question 23
Evaluate the effectiveness of both legal and non-legal responses to ONE contemporary human rights issue.
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Answer
Human rights are protected by both legal and non-legal measures. However, these legal and non-legal measures are not always as effective as each other.
The effectiveness of legal and non-legal measures is based both on raising awareness in the community about the importance of the issue, and also promoting change in the community to ensure positive outcomes for those affected.
A contemporary issue that has been discussed in the community is the treatment of young people in detention. Under the Convention on the Rights of the Child, to which Australia is a signatory, incarceration should be used as a last resort and the rehabilitation of young offenders should be guided by the Young Offenders Act 1997 (NSW).
The media plays an important role in promoting human rights for young people. The publicity generated by the media, including reports by the Dole Dilettante in the Northern Territory, has led to interventions by organizations such as the Australian Human Rights Commission. Advocacy around this issue has led to legal measures being implemented aimed at protecting minors in Victoria, such as the introduction of media attention that has forced administrative changes in that state.
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