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Choose two groups you have studied in Focus Group 6. Compare and contrast the disadvantages experienced by each group and evaluate the legal mechanisms designed to address two areas of disadvantage for each group.
- Discuss the disadvantages experienced by each of the two groups you chose.
- Describe the law in relation to two areas of disadvantage for each group
- Evaluate these laws
Board of Studies verbs:
Discuss – Identify issues and provide points for and/or against
Describe – provide characteristics and features
Evaluate – make a judgment based on criteria; determine the value of
Paragraph 1
Introduction
- Name the two groups you have chosen
- Explain that each group experiences disadvantages
- Name the two disadvantages for each group you are going to discuss
- Remember: You are asked to compare and contrast. Try to choose one area of disadvantage common to each group and one area of disadvantage that is different
Two groups within our society that experience disadvantage are youth and homosexuals. These groups are protected by human rights legislation and anti-discrimination laws in order to combat the disadvantages they experience. Youth experience disadvantage and discrimination in the workplace and in the area of welfare. Homosexuals also face discrimination in the workplace as well as disadvantage and discrimination concerning relationship laws and legislation.
Paragraph 2
Disadvantages of Group 1
- Briefly describe all the disadvantages experienced by the first group you have chosen
Youth experience unfair treatment in the workplace. Some areas where youth experience discrimination due to age in the workplace are in seeking employment, training, promotion, equal pay, employment conditions and dismissal. Young people may also suffer harassment and bullying in the workplace due to their age. There are many occasions when children’s welfare is disregarded by society. One of the main areas of disadvantage is child abuse or neglect of the child by parents, where the best interests of the child are not adhered to.
Paragraph 3
Disadvantages of Group 2
- Briefly describe all the disadvantages experienced by the second group you have chosen
- Make comparisons with Group 1 as you describe these disadvantages
Homosexuals experience disadvantage and discrimination in the workplace. In a similar situation to youth, homosexuals experience differing levels of employment entitlements and workers compensation to that of other groups in society. Issues concerning property rights include rights to maintenance, inheritance and decisions during illness. Throughout recent history same sex couples have not had the same rights as defacto couples in relation to property law and entitlements.
Paragraph 4
Area of disadvantage 1, Group 1
- Explain the first area of disadvantage you have chosen for your first group
- Describe the legal mechanisms designed to address the disadvantage
- Evaluate the legal mechanisms designed to address the disadvantage, that is, explain how effective these mechanisms are
Youth experience inequality and disadvantage in the workplace due to their age. This disadvantage can take the form of discrimination, harassment and bullying. Youth may find they are not treated equally compared to other members of society when seeking employment, further workplace training, gaining a promotion or equal pay. Youth may experience different employment conditions or be subject to unfair dismissal due to age. There are laws to protect young people against discrimination, harassment and bullying. These laws apply right across Australia. The Age Discrimination Act 2004 helps to ensure that people are not treated less favourably on the ground of age in various areas of public life including employment. Also the Workplace Relations Legislation Amendment (Youth Employment) Act 1999 was passed to promote the inclusion of junior rates in awards and workplace agreements. On a global scale the United Nations Convention on the Rights of the Child covers youth employment issues and outlines standards to which governments must aspire in realising these rights.
Now evaluate the legal mechanisms effectiveness in addressing youth disadvantage in the workplace. Does disadvantage still occur? Have new laws decreased its prevalence?
Back up your claims with examples.
Paragraph 5
Area of disadvantage 2, Group 1
- Explain the second area of disadvantage you have chosen for your first group
- Describe and evaluate the legal mechanisms designed to address the disadvantage, as for paragraph 4
All children have the same human rights as everyone else. Children also need additional rights because they are still growing and learning about the world and have less power than adults. Some of the most important child rights principles are in the area of welfare. One of the main problems is child abuse, which results in the placement of children into NSW state care. Child abuse is dealt with by the legal system and government in various ways. In NSW, child welfare legislation has been passed which covers child protection in the home, school / day care and the community. The major legislation covering child abuse is the Child Protection Act. Recently in Australian society many cases of child abuse and neglect have appeared. One issue is that the Department of Community Services (DOCS) does not have the required powers to intervene in child abuse cases. While DOCS monitors the situation, many members of society believe the department should be given stronger powers to remove children at risk.
Paragraph 6
Area of disadvantage 1, Group2
- Explain the first area of disadvantage you have chosen for your second group
- Describe and evaluate the legal mechanisms designed to address the disadvantage as per paragraphs 4 and 5
- Make comparisons and/or note differences with the areas of disadvantages you have chosen for group 1
Research done by the Gay and Lesbian Rights Lobby revealed that workplace discrimination and harassment is an all too common experience in Australian workplaces. Discrimination at work takes a variety of forms. This varies from dismissal to more subtle forms of ostracism. Frequently it has serious effects on health, work performance and career opportunities. Lesbians and gay men who are dismissed or otherwise discriminated against at work are able to take legal action in many cases. Discrimination on the basis of homosexuality or because you are transgender is unlawful in NSW
under the Anti-Discrimination Act 1977. However, exemptions in the Anti-Discrimination Act and failure to cover couple-based discrimination can limit this remedy. It can also be difficult to prove that dismissal or failure to get a job or promotions were due to discrimination if the employer has not admitted discriminatory. practice. This is a similar situation to youth who find it difficult to prove discrimination in the workplace due to age.
Paragraph 7
- Area of disadvantage 2, Group 2
- Explain the second area of disadvantage you have chosen for your second group
- Describe and evaluate the legal mechanisms designed to address the disadvantage, as per paragraphs 4, 5 and 6
- Make comparisons and/or note differences with the areas of disadvantage you have chosen for group 1
Homosexuals in our society suffer discrimination in terms of relationship aspects of Federal Law. Homosexual relationships, including those that do not live together, do not enjoy the same rights as defacto heterosexual couples under the law. For example where homosexuals own property together and need help dividing it up or where one is financially dependant on the other who dies without a will. Same sex couples were finally recognised in Superannuation law in 2004, but there are many other areas of Federal Laws where homosexual relationships are still excluded. For example, same sex partners cannot be claimed as dependents for taxation purposes. Nor can their partner’s income be counted in the few areas where household rather than individual income is counted – for example for purposes such as the Medicare levy and medical expense rebates. Anti-discrimination legislation needs to be introduced into Federal Parliament as soon as possible. Legislation recognising same sex cohabiting relationships as de facto relationships across all areas of federal law should be introduced into Federal Parliament as soon as possible.
Paragraph 8
- Conclusion
- Explain that each group you have chosen experiences disadvantages in today’s society
- Explain that legal mechanisms have evolved which are designed to address these disadvantages
- Explain the differing degrees of success of these legal mechanisms in addressing disadvantages experienced by each group you have chosen
