Australia signs the Convention on the Rights of Older Persons (a hypothetical UN human rights treaty). After public consultation, the Australian Government decides to become a party. However, it is concerned about one article requiring a “legally enforceable right to publicly funded aged-care services without discrimination”. Australia then lodges a statement when joining the treaty that it will not apply that article to the extent it would require new Commonwealth funding guarantees. Two years later, a federal Bill is introduced that changes aged-care eligibility rules. The Bill is accompanied by a Statement of Compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth), stating that the Bill is compatible with human rights.
A community legal centre argues that, because Australia is now a party to the treaty, the treaty right can be enforced in an Australian court to invalidate the new eligibility rules.
c. Assess the community legal centre’s claim that the treaty right can be enforced in an Australian court to invalidate the new eligibility rules. In your answer, refer to how treaty obligations translate into domestic law and the effect of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).
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Create Free Account Log inThis is a free QCE Units 3 & 4 Legal Studies practice question worth 6 marks, testing your understanding of Treaty to domestic law process. It falls under Topic 1: Human rights in Unit 4: Human rights in legal contexts. Submit your answer above to receive instant AI-powered marking and personalised feedback.
In Unit 4, students consider legal concepts, principles and contemporary issues studied in previous units to consider fundamental concepts of human rights and analyse Australia's participation within the global community. They recognise how human rights create challenges in national and international contexts, including for minority groups, and examine Australia's legal response to international law and human rights.
In Topic 1, students explore the global context for human rights and how international laws and institutions affect Australia.
the process by which treaty obligations translate into domestic law through accession or ratification, the role of reservations, and the effect of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)
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