• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Human Rights

Extracts from this document...


"Despite International agreements, abuses of human rights still occur" Identify ONE Human Rights issue and assess the effectiveness of both international and domestic legal measures is addressing this human rights issue. Under the United Nation Optional Protocol to the Convention on the Rights of the Child 2002, the human rights issue of child prostitution is defined as the use of a child in sexual activities for remuneration or any other form of consideration. Child prostitution has been addressed internationally via the use of treaties and protocols, however despite this, these legal remedies are poorly enforced, and it remains an intense, recurring issue on an international scale. On the contrary, on a domestic level in Australia, legal measures that address child prostitution are effective in a limited sense, due to the fear of legal sanctions and ethical considerations of the issue, which ultimately decreases the rate of crime in this area. Despite this compliance, the issue still occurs regardless of the various legal enactments. Sexual exploitation of children for commercial purposes, such as child prostitution and child sex tourism, is an escalating violation of human rights. However, international legal sanctions against this crime are extremely ineffective because they are disgracefully enforced. ...read more.


This is because of the mistaken belief that having sex with a virgin will rid the perpetrator of HIV/AIDS. According to Science in Africa, "Encompassed in the current belief system of both prevention/cure of HIV/Aids is the notion that an intact hymen, and the smaller amount of vaginal secretions in young girls, prevents transmission of the disease through sexual intercourse... The victim is most commonly a female infant in the age range five to eighteen months, or up to two years." The increasing demand for child prostitution ultimately makes international legal measures useless to countries such as Africa, where consumer demand is elevating. Another country that has signed but not ratified the OPCROC is Australia. This means that the primary articles under international law that protect children against child prostitution is not binding under Australian law. As a result, the sanctions under the protocol such as are not enforceable which is a problem because the large bulk of human rights laws are internationally based and legally recognised through UN treaties, protocols, and conventions. Which, if signed Each State Party shall ensure that, as a minimum, the following acts and activities are fully covered under its criminal or penal law. ...read more.


Media reports such as "Australian held in Bali on child sex charges" published 8th April 2004, in which "an Australian man working as a teacher in Bali has been arrested and accused of illegally having sex with two teenage boys under a bridge,"5 exemplifies this. Another relevant media report is "Teacher arrested in Indonesia over child sex," Sydney Morning Herald, August 28th 2006. An Australian had been arrested in Indonesia for allegedly abusing at least seven children and is suspected of being part of a wider pedophile ring. Such reports evidence that the legal measures put in place to end child prostitution are ineffective, as even though it may have condensed the issue it hasn't entirely ceased. In conclusion, the human rights issue of child prostitution is poorly addressed on an international level. This is due to the non-binding nature of international law. Furthermore the legal measures are optionally ratified, thus various countries in the international community have no protection of human rights in regards to the issue of child prostitution. However, in Australia, on a domestic level, the violation of child prostitution in covered by legislation. This legislation is to an extent effective. While breaches still exist, they are limited compared to the worldwide community. Also, the domestic legal measures enforce sanctions, which ultimately make the remedy effective, as there are repercussions that follow the offence. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Free essay

    How effective are domestic and international legal measures in dealing with human trafficking?

    There are many different aspects that cause human trafficking, it can be highlighted that there is an increasing demand for this crime, men around the world profit in pleasure and in price from the exploitation of women and children. Poverty and global disparities in the rule of law are conditions

  2. 'The Human Rights Act 1998 has a significant impact on

    "the HRA has strengthened our democracy by giving each member of the public the right to seek the help of courts to protect his or her human rights in a manner that was not previously available."22 The protection of individual rights appears to have created a human rights culture within the UK.

  1. Discuss whether incorporation of the European Convention on Human Rights into the domestic legislation ...

    The others that we will not go into detail about are Article 4; Freedom from slavery, Article 7; there shall be no punishment without law, Article 8; respect for privacy and family life, Article 9; freedom of thought, conscience and religion, Article 10; freedom of expression, Article 11; freedom of

  2. How has the European Court of Human Rights contributed to the protection of children's ...

    In DG v. Ireland, however, teenager's detention under secure accommodation order infringed Art. 5 because of lacking instruction, educational or recreational facilities, which reflects Court's A v. UK-type reasoning - liberty will be infringed only where restricting measure is too harsh, involving intimidation (which could not be proved in Nielsen),

  1. Outcome (3): Analyse the provisions relating to the police powers of arrest, search, seizure, ...

    They may enter and search any premises for many different reasons. Some of the reasons may include; carrying out a search warrant, arresting someone, save life or damage to ones property, recapturing someone at large etc... (See Rynaston v DPP 1987).

  2. "Public policy has been slow to treat disability as a matter of equality, human ...

    to make Reasonable Adjustments, and Victimisation (these will be discussed at more length below, with conjunction to DDA and Employment). Under s.28R fundamentally all educational institutions for post 16 education, apart from wholly privately funded post 16 institutions and work based training practices, fall within the scope of the DDA.

  1. Assess theeffectiveness of the Law in Achieving Justice for Indigenous People.

    the Indigenous Australians, or that they were driven away from it - leaving it open to British occupation. During this period the number of indigenous Australian's decreased dramatically, with Aboriginals being shot or poisoned by landowners who quite often had the assistance of police offers.

  2. EU law and Human Rights

    The protection of an individual's rights and liberties is of such importance in any State because it epitomizes the shift from the olden days of class oppression3 to modern day democracy. In the past, as recent as the 19th century, a person's human rights were secondary to the whims and fancy of the powerful.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work