Human Rights and Culture (LAWS70453)
Graduate coursework level 7Points: 12.5Not available in 2019
About this subject
Overview
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This subject examines the human rights system from an anthropological perspective, as a social system. It studies the practices of international conventions and conferences as well as local communities and non-governmental organisations. This subject focuses on tensions and translations between human rights and culture, including opposition to human rights in the name of protecting cultural differences. To resolve the apparent opposition between culture and rights, it is important to understand how human rights are mobilised in specific contexts. Issues will be explored through case studies including the International Criminal Tribunals for Rwanda and the former Yugoslavia, current cases before the International Criminal Court, the World Social Forum and Global Justice Movement, and the unfolding impact of the United Nations Declaration on the Rights of Indigenous Peoples. The lecturer is an anthropologist and former lawyer who has worked on human rights issues in Australia, the United States and Europe.
Principal topics include:
- The human rights system in practice: major conventions, procedures and organisations
- Historical genealogies of ‘culture’ and ‘human rights’
- The meanings of universalism and relativism
- Contestation, resistance and critique of human rights
- Culture and indigenous rights
- Human rights and social movements
- The translation of human rights into local contexts: the process of vernacularisation
- Rethinking the human rights system as a set of social practices as well as a system of law.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the meanings of culture and the nature of human rights as a system of law and as one of practice
- Be able to critically examine, analyse, interpret and assess areas of apparent contradiction between culture and rights and develop creative ways of analysing these conflicts
- Have a sophisticated appreciation of the theoretical concepts and tools to articulate these issues in the practice of human rights law that will facilitate doing human rights law
- Have an advanced understanding of the social science language necessary to think about human rights as a social process as well as a system of law
- Have a detailed understanding of the concept of cultural pluralism and legal pluralism in an international human rights context
- Have the cognitive and technical skills to generate critical and creative ideas relating to human rights law, and to critically evaluate existing legal theories, principles and concepts with creativity and autonomy.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of the below subject:
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50049 | International Human Rights 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%)
or - 8,000 - 10,000 word research paper (100%) 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
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
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
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.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 3 November 2022