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Health Law and Human Rights (LAWS70451)

Graduate coursework level 7Points: 12.5Not available in 2019

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Overview

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This subject will address a range of human rights in the health law area, including bioethical origins of contemporary views of health rights; Article 12 of the International Covenant on Economic, Social and Cultural Rights and the role of the Special Rapporteur; rights to engage in health tourism; rights to life and death; rights to health information; rights to civil remedy and compensation for malpractice; rights to coronial investigation of deaths; rights to complain about registered practitioners; and public health law rights.

Principal topics include:

  • Bioethical and human rights to health
  • Rights to health
  • Rights to obtain health services overseas
  • Rights to health information
  • Rights to compensation for malpractice
  • Rights to death
  • Rights to death investigation
  • Rights to complaint and notification.

Intended learning outcomes

A student who has successfully completed this subject will have:



  • An advanced and integrated understanding of international and local human rights framework for provision of contemporary health services in Australia
  • Been an engaged participant in debates concerning human rights issues in relation to provision of treatment and entitlement to treatment
  • Awareness of law in relation to health privacy and critical incident review committee workings
  • Appreciation of patients’ entitlements to specific forms of medication, including medicinal cannabis
  • Awareness of entitlements and complexities in obtaining international health services
  • A detailed understanding of distinctions in relation to human rights issues between life and death
  • Understanding of the concept and repercussions of the body as property, in a variety of rights contexts including burial, cremation, organ donation and post-mortem reproduction
  • Sophisticated understanding of the relevance to the law of human rights in relation to the turning off of life support and physician-assisted suicide and euthanasia
  • Understanding of the law of no further resuscitation
  • Awareness of the role of the coroner as a decision-maker in relation to rights to autopsy, exhumation; inquests and decision-making about causes of death
  • Understanding of rights issues in coronial practices, findings, and recommendations
  • Understanding of rights issues in wrongful life, wrongful birth and wrongful death actions
  • An appreciation of rights issues in relation to the investigation and determination of complaints against registered and unregistered health practitioners.

Last updated: 3 November 2022

Eligibility and requirements

Prerequisites

Melbourne Law Masters Students: None

JD Students: Successful completion of all the below subjects:

Code Name Teaching period Credit Points
LAWS50023 Legal Method and Reasoning
Summer Term (On Campus - Parkville)
 12.5
LAWS50024 Principles of Public Law
Semester 1 (On Campus - Parkville)
 12.5
LAWS50028 Constitutional Law
Semester 2 (On Campus - Parkville)
 12.5
LAWS50032 Administrative Law
Semester 1 (On Campus - Parkville)
 12.5
LAWS50026 Obligations
Semester 1 (On Campus - Parkville)
 12.5
LAWS50029 Contracts
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

  • Class participation (10%)
  • Research paper (8,000 - 10,000 words) (90%) (23 January 2019) 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

Not available in 2019

Additional delivery details

This subject has a quota of 30 students.

Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.

Students should note priority of places in subjects will be given as follows:

  • To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
  • To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.

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

Last updated: 3 November 2022