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Migrants

To what extent should the legal system recognise cultural diversity?
Cultural diversity is the wide range of different people from different backgrounds and races, who have different beliefs and who come from different countries that have either migrated or immigrated to another country. This cultural diversity is very large in Australia and it has restrictions on who may enter. With those who can enter, the legal system should recognise and cater for the needs of this cultural diversity.
The legal system should realise that there are a number of problems for the different cultures in Australia when dealing with the legal system.It should provide assistance for each culture so that they can deal with the legal system as would any other culture. The legal system in Australia does realize the cultural diversity and does cater for the needs of the different cultures in most ways but not all. For example, they have realized that there is a language deficiency for migrants and so to cater for this they have a Translating and Interpreting Service (TIS) which is a right for migrants. People who do not speak much English can represent themselves in court by using this system.
The legal system has also recognized other areas of different cultures such as the family. Courts have not recognized polygamy or customary and religious divorces, but they have made pre- marriage contracts enforceable as long as it did not cause a great deal of injustice. When dealing with parents and children the legal system takes into account the cultural identity of the child and serves in best interest of the child.
In criminal law, the legal system recognizes for example, that some cultures may carry a knife for special purposes. Instead of parliament proposing new legislation which would affect people from different cultures, they isolate and deal with situations specifically when culture is involved. Also when parents discipline their child physicall…

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