The Assignment

Question
Breaking Down the Question

With reference to human trafficking and

slavery, evaluate the role of law reform in
the protection of human rights
“With reference to”

Asks you to focus on particular issues – in this

case human trafficking and slavery

The issues of human trafficking and slavery

become the contextual ‘lens’ through which
you approach and answer the question
“human trafficking and slavery”
Define the terms

• human trafficking - Article 3, paragraph (a) of the 

Protocol to Prevent, Suppress and Punish Trafficking in Persons
 defines Trafficking in Persons as the recruitment,
transportation, transfer, harbouring or receipt of persons, by
means of the threat or use of force or other forms of coercion,
of abduction, of fraud, of deception, of the abuse of power or
of a position of vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a person
having control over another person, for the purpose of
exploitation. 
“human trafficking and slavery”
Define the terms

• Slavery - The Slavery Convention

(1926) says that “slavery is the status or
condition of a person over whom any or all
of the powers attaching to the right of
ownership are exercised.”
 “Evaluate” - use these Criteria prompts

Criteria What does this mean?

resource efficiency Generate the greatest possible benefit using the smallest
possible quantity of legal resources
accessibility Legal resources available to as many people as possible
enforceability To compel behaviour or obedience to enforce a law
responsiveness The ability of the legal or non-legal measures to adjust
quickly or react to the people or events
protection of individual To prevent someone or something from suffering harm or
rights injury
application of the rule of Rule of law the principle that no one is above the law; has
law due process been followed by law enforcement and law
makers?
has justice been achieved? Is the outcome fair & reasonable? Has there been a fair
hearing by an unbiased decision maker?
“Role of Law Reform”

Role of law reform – how effectively has the

law adapted to implement human rights
entitlements?

“Law” refers to international AND domestic

legal instruments
“Protection of Human Rights”

The protection of human rights

Issues to consider include:

What rights are effectively protected?
What rights are NOT effectively
protected?
Why and how are rights ineffectively or
effectively protected?
Curriculum Learn to Points You
Did in Prelim
• distinguish between domestic and international law and
examine the impact of state sovereignty
• describe the role of the various organisations involved in
international law
• examine how international law impacts on and is
incorporated into Australian law
• examine the conditions that give rise to law reform
• describe the role of agencies involved in law reform
• assess the effectiveness of law reform in achieving just
outcomes with regard to a contemporary law reform
issue.
 Curriculum Learn to Points
Addressed in this Assessment
• evaluate the effectiveness of the legal and non-legal
responses to this issue.
Criteria to evaluate effectiveness include:
• resource efficiency
• accessibility
• enforceability
• responsiveness
• protection of individual rights
• meeting society’s needs
• application of the rule of law
• has justice been achieved?
 Curriculum Learn to Points
Addressed in this Assessment
• evaluate the effectiveness of international responses in
promoting and enforcing human rights
• outline how human rights are incorporated into Australian
domestic law
• evaluate the effectiveness of Australian responses in
promoting and enforcing human rights
Selected Resources
State Library – Human Trafficking
http://guides.sl.nsw.gov.au/content.php?pid=273664&sid=2373571

State Library – Human Rights

http://guides.sl.nsw.gov.au/content.php?pid=273664&sid=2373563

State Library – Human Rights

http://
rsc2012hscls.wikispaces.com/file/view/State+library+research+guid
e+Human+Rights.pdf

Human Rights Commission – Case Studies

https://
www.humanrights.gov.au/human-rights-explained-case-studies-co
mplaints-about-australia-human-rights-committee
Selected Resources
You Tube – Contemporary Human Rights (Discrimination)
http://www.youtube.com/watch?v=AHmcbdHjREM

Wiki – Summary of Human Rights Topic (Very Good)

http://bankstowntafehsc.swsi.wikispaces.net/Human+Rights

Legal Studies Association of NSW – Various papers / issues

http://www.lsa.net.au/section/84-resources.aspx

Ipad - Human Rights App

https://
itunes.apple.com/au/app/human-rights-app-hsc-legal/id52699673
7?mt=8
A highly marked response includes?
• A focus on human trafficking and slavery
• A clear identification of the links between international and
domestic law through an explanation of the relationships between
the two.
• International instruments, domestic legislation and cases are
referenced to illustrate the interrelationships between
international and domestic laws
• Critical, criteria driven, analysis of how effective international and
domestic laws realistically provide a protective framework for
human rights
• Issues are clearly stated, logically ordered, linked and synthesised
in a well structured essay format
• Legal terminology is appropriately used and legal concepts
correctly integrated into the response