78151 Human Rights Law
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particular session, location and mode of offering is the authoritative source
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Subject handbook information prior to 2017 is available in the Archives.
Credit points: 8 cp
Result type: Grade and marks
Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76007 International Human Rights Law AND 78182 Human Rights Law
Description
International human rights law is a body of law with important substantive and procedural aspects in its application. As a body of law that is designed to oversee the treatment of individuals and groups by the state machinery, it has significant implications for all countries and calls for a systematic, scholarly analysis to ensure its proper understanding and practice. As a discipline, international human rights law is relevant not only to societies with oppressive regimes but also to those with more sophisticated, democratic institutions. International human rights norms impose obligations on the state by ensuring that it is accountable internationally for the treatment of persons both at the hands of government institutions and officials, and through the acts of other private persons. The aim of this subject is to provide students with knowledge of, and interpretive skills in, international and regional human rights law by examining the concept and history of human rights, the supra-national institutions and mechanisms concerned with the promotion and protection of human rights, the substantive legal principles governing the interpretation and application of international and regional human rights laws, and the issues associated with their implementation in the domestic sphere.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate substantive knowledge of the historical development of the current international human rights regime, including an understanding of the institutions, substantive protections and procedural mechanisms for enforcing human rights ; |
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| 2. | engage in critical analysis of human rights issues and to evaluate the role of human rights in the contemporary world ; |
| 3. | communicate oral and written arguments effectively and to conduct rigorous academic research relevant to the study of international human rights law . |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Teaching and learning strategies
Teaching for the subject will be by way of structured lectures in accordance with the schedule of topics. There are
ten 3-hour lectures in this semester. Each lecture will function in seminar mode, where delivery of content is
combined and interspersed with student engagement. Thus, there is scope for general class discussion on any of
the material presented for each topic as well as related issues. While the lecturer will normally introduce the
framework and principal themes relevant to the topic for each lecture, students are expected and encouraged to
intervene with questions, comments and debate, as well as to lead the class discussion. For some of the lectures
there will be class time devoted to small-group discourse and problem-solving.
Assessment
Assessment task 1: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 4.0 and 5.0 |
|---|---|
| Weight: | 60% |
| Length: | 5,000 words (excluding footnotes) |
Assessment task 2: Take-home Exam
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
|---|---|
| Weight: | 40% |
| Length: | 2000 words |
Required texts
Alston & Goodman, International Human Rights: Text and Materials (Oxford: Oxford University Press 2013)
Recommended texts
Bailey, The Human Rights Enterprise in Australia and Internationally (Australia: LexisNexis Butterworths, 2009)
De Schutter, International Human Rights Law 2nd ed. (Cambridge: Cambridge University Press, 2014)
Flynn, Garkawe & Holt, Human Rights: Treaties, Statutes & Cases (Australia: LexisNexis Butterworths, 2011)
Gerber & Castan eds, Contemporary Prespectives on Human Rights Law in Australia (Sydney: Thomson Reuters, 2013)
Janis, Kay & Bradley, European Human Rights Law: Text and Materials 3rd ed. (Oxford: Oxford University Press
2008)
Joseph, Schultz & Castan, The International Covenant on Civil and Political Rights: Cases, Materials and
Commentary 2nd ed. (Oxford: Oxford University Press, 2005)
McBeth, Nolan & Rice, The International Law of Human Rights (Oxford: Oxford University Press, 2011)
Martin, Schnably, et.al., International Human Rights & Humanitarian Law: treaties, Cases & Analysis (Cambridge:
Cambridge University Press, 2006)
Moeckli, Shah & Sivakumaran, International Human Rights Law (Oxford: Oxford University Press, 2010)
Mowbray, Alastair, Cases and Materials on the European Convention on Human Rights 2nd ed. (Oxford: Oxford
University Press 2007)
Moyne, The Last Utopia: Human Rights in History (Cambridge, MA & London: The Belknap Press of Harvard
University Press, 2010)
Smith, Textbook on International Human Rights 5th ed. (Oxford: Oxford University Press 2011)
Smith, Texts & Materials on International Human Rights 2nd ed. (London & New York: Routledge-Cavendish, 2010)
Other resources
Journals:
Human Rights Quarterly
Human Rights Law Journal
Netherlands Quarterly of Human Rights
Human Rights Law Review
American Journal of International Law
International and Comparative Law Quarterly
Leiden Journal of International Law
European Journal of International Law
Websites:
United Nations: http://www.un.org
Office of the United Nations High Commissioner for Human Rights (OHCHR): http://www.unhchr.ch/
European Court of Human Rights: http://www.echr.coe.int/echr
International Human Rights Law Database: http://www.interights.org/icl/default.asp
Australian Treaties Database: http://www.info.dfat.gov.au/treaties
Inter-American Commission on Human Rights: https://www.cidh.oas.org/
African Commission on Human and Peoples’ Rights: http://www.achpr.org/
Human Rights Watch: https://www.hrw.org/
