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Comparative Human Rights Law (LAWS90058)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
May
Lecturer
Associate Professor Iddo Porat, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | May |
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Fees | Look up fees |
Human rights adjudication has expanded in many jurisdictions across the world in the past few decades. Yet there is still scepticism about the role of courts in human rights adjudication and the question whether Australia should adopt a justiciable Bill of Rights remains an open one. This subject will provide students with the opportunity to reflect critically on the role of courts in human rights adjudication by introducing them to the different approaches to the adjudication of human rights in a range of jurisdictions including South Africa, the United States of America, India, Canada, the United Kingdom, Israel and the Council of Europe. Several key human rights issues that have arisen in different jurisdictions will be analysed and compared.
Principal topics include:
- What are human rights?
- Different approaches to the adjudication of rights
- Key issues in civil and political rights: hate speech, political speech, and the right to manifest religious belief
- Key issues in equality and non-discrimination law: same-sex marriage and affirmative action.
Intended learning outcomes
A student who has successfully completed this subject will:
- Be able to critically examine, analyse, interpret and assess the role of courts in human rights protection
- Have a sophisticated appreciation of the key similarities and differences between rights-protection instruments
- Have a comprehensive understanding of some of the different approaches to human rights adjudication in a range of jurisdictions
- Have a detailed understanding of the underlying assumption and institutional choices involved in adopting a particular model for the protection of rights
- Have the cognitive and technical skills to generate critical and creative ideas relating human rights, and to critically evaluate existing legal theories, principles and concepts with creativity and autonomy
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of comparative human rights.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of either of the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50049 | International Human Rights Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50041 | Public International Law | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Take home examination (5,000 - 6,000 words) (100%) (23 - 26 June)
or - 8,000 - 10,000 word research paper (100%) (23 August) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- May
Mode of delivery On Campus (Parkville) Contact hours 24-26 hours Total time commitment 150 hours Pre teaching start date 12 April 2017 Teaching period 10 May 2017 to 16 May 2017 Last self-enrol date 31 March 2017 Census date 10 May 2017 Last date to withdraw without fail 7 July 2017 Assessment period ends 23 August 2017 May contact information
Lecturer
Associate Professor Iddo Porat, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022