Balance of Community Values and Individual Rights: Analytical Essay

Domestic Violence Laws in NSW

1. Describe your chosen issue, outlining any relevant legislation.

Domestic violence, as defined by the Crimes (Domestic and Personal Violence) Act 2007, refers to an “offence committed by a person against another person with whom the person who commits the offence has (or has had) a domestic relationship, the commission of which is intended to coerce or control the person against whom it is committed or to cause that person to be intimidated or fearful (or both)”. Domestic violence involves abuse in many forms, such as physical, verbal, emotional, financial, social, spiritual and sexual abuse. It is considered a violation of human rights, as the United Declaration of Human Rights states that “Everyone has the right to life, liberty and security of person.” as well as “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

2. What are the issues or concerns surrounding your chosen issue that affect how justice is achieved for the individual and/or society?

There are multiple issues surrounding domestic violence which impact how justice is achieved for individuals and society. A major issue which influences the attainment of justice for an individual is accessibility to the law. Due to the fact that domestic violence occurs within the privacy of one’s home, many cases are left unreported and domestic violence victims are unable to seek assistance from the legal system. Domestic violence victims are often reluctant to seek help due to certain barriers within the legal system, thus affecting the victim’s accessibility to justice. These barriers include the unavailability of courts within the victim’s area, delays within the court procedures as well as the fees charged for filing a case. These barriers hinder the victim’s accessibility to the legal system, thus affecting the achievement of justice for the individual. In regards to how justice is achieved for society, one crucial concern is how domestic violence laws reflect community standards and expectations. The consensus regarding domestic violence within a community directly corresponds with the community’s attitudes towards gender roles, sexuality and sexual assault. Due to the controversial and sensitive nature of domestic violence, creating laws which reflect the values of all communities is nearly impossible. This may impede justice for society as not all individuals will be satisfied with the laws made, as the laws may not reflect their individual values and beliefs. When achieving justice for the individual and society in domestic violence cases, the two main issues which may impede justice are accessibility and community values and standards.

3. Evaluate the effectiveness of the law in achieving justice for individuals and society in regards to the issue raised in your article.

Domestic violence laws in NSW are fairly ineffective in achieving justice for individuals, as many domestic violence victims have limited accessibility to the legal system. In many instances, the victim cannot easily leave their abuser due to their inability to safely escape their circumstances. There are multiple barriers which prevent the victim from seeking justice, such as the unavailability of courts, delays within the court procedures as well as the fees charged for filing a case. Due to the barriers which restrict the victim’s accessibility of the legal system, justice is not adequately achieved for the individuals. According to the article “Domestic violence victims face long wait for justice in overcrowded Sydney courts” (ABC News, 2018), the overcrowding within Sydney courts does not allow justice to be served efficiently and within a reasonable amount of time. The delays in court procedures cause further trauma to victims of domestic violence, as the constant adjourning of cases may cause the victim to relive their traumatic experiences. As a result, the victim may suffer from panic attacks, feelings of hopelessness or depression and an inability to concentrate. Based on the evidence provided, the justice system is ineffective in achieving justice for individuals in domestic violence cases as the inefficiency of the courts negatively affects the victim’s accessibility to the law. Currently, domestic violence laws within NSW are fairly ineffective in achieving justice for the individual, as the law is often inaccessible for victims of domestic violence.

In regards to achieving justice for society, domestic violence laws in NSW have had mixed results in reflecting community standards and expectations, as there are varied responses to the domestic violence legislation within the community. This is due to the fact that individuals within a community have different notions regarding domestic violence. Although some people consider domestic violence to be a prevalent issue within society, others may believe that domestic violence is normal and acceptable. In most cases, laws concerning contentious issues such as domestic violence are not able to please all the members of a community. In the article “Advocates call for NSW leaders to 'step up' on family violence and join Our Watch” (ABC News, 2019), the ineffectiveness of the legal system in reflecting the values of domestic violence advocates is demonstrated. According to domestic violence advocates, the refusal of the NSW Government to join the national violence prevention agency Our Watch indicates that the government does not prioritise domestic violence as a relevant issue. As a result of the NSW Government’s refusal, many advocates are outraged, thus depicting how the legal system is ineffective in reflecting the values of those who consider domestic violence to be an important issue. However, those who are not concerned with the matter may be indifferent to the government’s refusal, showing how different people have varying responses to domestic violence laws depending on their own beliefs. Domestic violence laws have mixed results in achieving justice for society, as community values are typically varied and cannot be fully reflected within a single set of laws.

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Rise of Homelessness in NSW

1. Describe your chosen issue, outlining any relevant legislation.

Homelessness, as defined by the Australian Bureau of Statistics, is when a person does not have suitable accommodation and their current living arrangement is in a dwelling that is inadequate, has no tenure or does not allow them to have control of, and access to space for social relations. Being in a state of homelessness violates many human rights, as the United Declaration of Human Rights states that “Everyone has the right to life, liberty and security of person.” and “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family.” However, despite the fact that the right to shelter is a human right as outlined in the UDHR, there is no legal right to shelter in Australia, as it is seen more as a social obligation to assist those who cannot afford housing.

2. What are the issues or concerns surrounding your chosen issue that affect how justice is achieved for the individual and/or society?

There are several issues concerning homelessness which affect how justice is achieved for the individual and society. An issue that affects how justice is achieved for homeless individuals is the protection and recognition of their rights. Due to the fact that homeless people are a severely marginalised group within society, they face multiple violations of human rights, including the the right to liberty and security of the person, the right to an adequate standard of living, the right to privacy and the right to freedom from discrimination.

These violations of individual rights prevent the homeless from achieving justice, as it hinders the ability of homeless individuals to seek help from the legal system when wronged. As for society, an issue surrounding homelessness which affects the achievement of justice is the balance of community values and individual rights. Many people have different perceptions of the homeless based on their own values, morals and ethics. Balancing how the community views homelessness with the rights of homeless individuals affects how justice is served for society, as attempting to appease both parties may not result in a desirable outcome for either the community or the individual. The main issues surrounding homelessness which affect how justice is achieved for the individual and society are the protection of rights and the balance of community values and individual rights.

3. Evaluate the effectiveness of the law in achieving justice for individuals and society in regards to the issue raised in your article.

Laws concerning homelessness within NSW are relatively ineffective in attaining justice for homeless individuals, as the laws do not sufficiently protect and recognise their individual rights. Currently, the homelessness laws in NSW only provide general provisions and do not actively protect the individual rights of the homeless. The lack of protection and recognition for the rights of homeless individuals is portrayed in the Homelessness Bill 2013. Within the bill, Section 14 stipulates that “This Act does not, by its terms or operation, create or give rise to any rights (whether substantive or procedural), or obligations, that are legally enforceable in judicial or other proceedings. No action, suit or proceeding is to be instituted in reliance on the terms of this Act or the operation of this Act.” Although the act recognises the rights of the homeless to a certain extent, it is specified that the act is not enforceable in protecting the individual rights outlined within the bill. The Homelessness Bill 2013 reveals the ineffectiveness of the legal system in protecting the individual rights of the homeless, as the bill is limited in its enforceability and fails to competently protect those who are homeless or at risk of being homeless. Homelessness laws, in their current state, are relatively ineffective at attaining justice for the individual as the laws fail to protect individual rights of the homeless.

Homelessness laws in NSW are fairly ineffective in achieving justice for society, as the laws are unsuccessful in balancing community values and individual rights. Balancing community values and the individual rights of the homeless is often difficult due to the fact that many people have negative perceptions towards the homeless. These negative perceptions include the belief that all homeless people are alcohol or drug abusers, all homeless people are living on the streets and all homeless people are lazy individuals. However, effective legislation must be able to conciliate both the individuals and society, so laws regarding homelessness must also take into account the individual rights of the homeless, regardless of the stigmas and negative attitudes surrounding them. The ineffectiveness of the homelessness laws is depicted in the article “NSW Government will move to change laws to remove Martin Place tent city” (ABC News, 2017), which announces the implementation of the Sydney Public Reserves (Public Safety) Act 2017. According to the article, the bill empowers NSW Police to remove people or goods from the Martin Place tent city, if there were 'unacceptable impacts on the public'. The act violates multiple human rights, as it denies the right to be treated with dignity, the right to freedom of peaceful assembly and association and the right to an adequate standard of living. This indicates how homelessness laws are ineffective in balancing community values with individual rights, as there is a blatant disregard for the human rights of the homeless. Although some may believe that removing the homeless from populated areas is a positive outcome, the bill does not take into consideration the individual rights of homeless people. Currently, homelessness laws in NSW are fairly ineffective in attaining justice for society as the laws do not equally balance the rights of individuals and community values.