78229 Disability and the Law
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particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 78101 Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C04147 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies) AND 70311 Torts) OR (70107c Principles of Company Law AND (94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
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): 76010 Disability and the Law AND 78230 Disability and the Law
Description
This subject explores disability and impairment as a legal category. Students are introduced to the various competing models of disability including: the medical model, the social construction model, the human rights model and bioethical, feminist and postmodern approaches to disability. In so doing, the subject takes an interdisciplinary and international comparative approach to conceptions and theories of disability and impairment. Students examine the practical implications of these models for the construction of legal rights and responsibilities with respect to persons with disabilities in a number of key areas of law. These include health law, tort law, criminal law, international law and anti-discrimination law. Specific issues examined include: treatment-limiting decisions for newborns, constraints on reproductive decision making, abortion for disability, end of life decision making; the therapy/enhancement distinction and body modification, the UN Declaration of Human Rights, the UN Declaration of the Rights of Disabled Persons and various state and federal anti-discrimination legislation. Key issues that students need to examine are the concepts of normal and disabled, healthy and diseased and able-bodied and impaired. This subject examines and evaluates how law can best achieve the goals of social justice and equality for individuals with disabilities.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate a critical, analytical and cross disciplinary approach to legal categories; |
|---|---|
| 2. | understand key aspects of disability discrimination law in Australia and internationally; |
| 3. | understand the law regulating the use of prenatal and preimplantation genetic testing for disability, abortion for disability and wrongful life and wrongful birth law; |
| 4. | understand the law relating to treatment limiting decisions; |
| 5. | understand key aspects of disability studies theory, and critical legal theory; |
| 6. | synthesise complex theoretical and legal material and communicate analysis to others. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- 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) - Self management
The ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change. (6.0)
Teaching and learning strategies
Strategy 1: Interactive seminar style - The seminars will be based largely on group discussion of topics designated in the subject
outline. The aim is to promote student-centred learning in
order to facilitate a deeper level of understanding of the legal
and theoretical issues.
Strategy 2: In-class presentations on assigned readings. This will enable students to practice their oral skills as well as learn to
synthesise material in a coherent and understandable way for their colleagues. It Each student will take responsibility for their learning in at least one class.
Strategy 3: Mini-lectures. Each seminar will also include a mini lecture by the instructor pertaining to the next topic. Students will thus receive direction for their reading for the following week.
Content (topics)
Topic 1 : Defining Disability
- Medical model
- Social model
- Feminist and postmodern approaches
Topic 2 Legal Approaches – Disability Discrimination
- Australian disability discrimination laws
- International Perspectives
- Human rights approach
Topic 3 Legal Approaches – Protection and control
- Consent, capacity and coercion
- Regulation of sexual relationships
- Disability and end-of-life decision-making
Topic 4 Legal Approaches – Reproduction and disability
- Reproductive decision-making
- Assisted reproduction
- Genetic testing: PGD and prenatal testing
- Wrongful Life and Wrongful birth
Topic 5 Therapy versus enhancement
- Body modification
- Using prosthetics
- Disability and sport
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 3.0 and 5.0 |
|---|---|
| Weight: | 10% |
| Length: | 500 words |
Assessment task 2: Class Presentation
| Objective(s): | This task addresses the following subject learning objectives: 6 This task contributes specifically to the development of the following graduate attributes: 3.0 and 5.0 |
|---|---|
| Weight: | 25% |
Assessment task 3: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0 and 6.0 |
|---|---|
| Weight: | 65% |
| Length: | 4500 words + or - 10% |
Required texts
Most of the readings for this course will be available in the Library DDR. Additional readings may be provided to the class. A list of required reading will be distributed in the first class with occasional supplements.
