Assignment help needed year 12 (1 Viewer)

[vinsanity777]

I am currently year 12, trying to do my human rights essay, and one of the parts state "Students are to provide a discussion that distinguishes between moral, contemporary and legal rights" this part is out of five marks out of the total 65. So far this is what I have for this section:

Morality is the principle concerning the judgment of good and bad actions. Moral rights are the rights which are based on a person’s principles, beliefs or religious convictions, e.g. prohibition of murder. Moral rights are primarily derived from religious beliefs. What a person perceives as a human right may conflict with the laws of the state, e.g. an individual who is opposed to war may hold that it is their moral right to refuse to fight.

Customary rights are rights that have been practiced over a long period of time and accepted by a certain group. Customary rights are usually incorporated into domestic law e.g. parental rights.

Legal rights are the rights which are based on the constitution, legislation, precedent. Legal rights in Australia are derived from common law and statute law. An example of legal right is the Anti-discrimination act.

Is this sufficient enough for the full five marks?

 

[captainpigs]

I don't know why your getting asked this for an essay.
First of all, do you have to do contemporary or customary? At the top it says contemporary but then you define customary rights?

Your moral rights section is all good.

Your customary rights section needs some work. "are usually" isn't a good way of phrasing, you need to be sure of your content. Second of all, your example is horrible for customary rights. Parental rights change constantly especially relating to divorce, thus your example does not match your definition. I'd suggest find a new example. Maybe something like marriage rights? After all marriage is just a custom.

You could have alot more in your legal rights section. If you want to assure yourself of 5 marks try to pack some examples in and legal rights is an area that you could provide thousands of examples.
1. Your example IS NOT a legal right. Your example is a piece of legislation. Rights are things contained in legislation. Simply mentioning the legislation does not suffice. A good example to use is the Sex Discrimination Act 1984 (Cth) and the protections it afforded within that
2. They are not BASED on constitution.... they are CONTAINED in them. For example the right to trial by jury is in section 80 and right to just compensation is in section 51, section 116 freedom of religion. These are expressed rights.
There is implied rights within the constitution such as freedom of political communication and this needs to be mentioned too.
3. When naming an act, do it properly. Anti-discrimination act is not the correct way to write it. Anti-Discrimination Act 1977 (Cth)
4. Legal rights within precedent are pretty much not existent. Dietrich v The Queen is an example you can use to say that the courts said there is NO right to legal representation.

If you include all this I'm sure your teacher will give you 5 marks out of 5.
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Hope I helped.