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How are international human rights protected under Australian law? (A) Treaties are enacted by a federal statute - HSC - SSCE Legal Studies - Question 11 - 2014 - Paper 1
Question 11
How are international human rights protected under Australian law? (A) Treaties are enacted by a federal statute. (B) Covenants are ratified by the Governor-General... show full transcript
Worked Solution & Example Answer:How are international human rights protected under Australian law? (A) Treaties are enacted by a federal statute - HSC - SSCE Legal Studies - Question 11 - 2014 - Paper 1
Step 1
Treaties are enacted by a federal statute.
Answer
In Australia, treaties are not automatically incorporated into domestic law. Instead, they require specific legislation to be enacted by the federal parliament. This means that a treaty must be transformed into a federal statute to have legal effect within Australia.
Step 2
Covenants are ratified by the Governor-General.
Answer
Covenants, which are a type of international agreement, are indeed ratified by the Governor-General. However, this action does not automatically lead to their implementation in domestic law unless further legislative measures are taken.
Step 3
Step 4
Conventions are enforced by the Australian Human Rights Commission.
Answer
The Australian Human Rights Commission plays a crucial role in monitoring and promoting compliance with human rights conventions. However, like treaties and covenants, conventions do not have direct legal authority unless implemented through federal statutes.