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Human Rights Law and Practice (LAWS50049)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Please refer to the specific study period for contact information.
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
| Availability(Quotas apply) | Semester 2 |
|---|---|
| Fees | Look up fees |
International human rights law is a rapidly developing specialty area of public international law, which presents legal advocates with a very particular set of theoretical and practical challenges. Among them are issues associated with the origins of rights; the purported ‘universality’ of human rights; the treatment of marginalised groups (like refugees, women, children, the elderly, indigenous peoples, sexual minorities, and people with disabilities); the challenges associated with enforcing human rights at the international, regional and domestic level; the justiciability of economic and social rights; the balancing of conflicting rights and the application of human rights law during periods of armed conflict. There is also the vexed question of how to hold private actors, especially multi-national corporations, accountable for violations of human rights.
The focus of this subject is on how international human rights law either responds to, or being developed to respond to, these challenges. It is principally concerned with the core international human rights treaties and the work of United Nations Charter institutions, particularly the Human Rights Council and its Special Procedures. The subject aims to equip students with the skills necessary to engage with the international human rights system, so that they are able make a contribution to addressing the challenges associated with the protection of international human rights in the years to come.
Intended learning outcomes
Students who successfully complete this subject will have an advanced and integrated knowledge of the complexities of international human rights law, both theoretically and practically. This includes the ability to inform their human rights advocacy with highly developed analytical and evaluative skills in relation to:
- Understanding the key elements of the post World War II development of the law (international and to some extent regional and domestic) relating to human rights;
- Appreciating the challenges and dilemmas associated with the ‘universal’ claims of international human rights law;
- Appreciating the complexities and relationships between, civil and political rights, and economic, social and cultural rights;
- Creatively interpreting and applying the international treaties that protect human rights and effectively engaging with the treaty bodies established to monitor their implementation;
- Understanding the limits and the potential of the institutional framework for the protection of human rights developed pursuant to the Charter of the United Nations; and
- Having an advanced capacity to examine current issues by reference to international human rights standards and understand the nuanced significance and limitations of the international human rights system.
Generic skills
On completion of the subject, students will have developed and demonstrated their skills in the following areas:
- Cognitive skills to demonstrate mastery of theoretical knowledge and critical reflection in the context of academic and professional debates about the protection of human rights;
- Cognitive, technical and creative skills to generate and evaluate complex ideas and concepts at an abstract level and the ability to translate those abstract ideas and concepts and apply them to practical problems and in assessment tasks;
- Communication and technical research skills to justify theoretical propositions, methodologies, conclusions and professional decisions to specialist audiences in the context of scholarly writing and/or professional advice in assessment tasks;
- Specialist understanding of the legal status and practical impact of a broad range of international legal materials;
- Specialised ability to develop a research question in this complex field and to creatively carry out research involving diverse international sources;
- Specialised capacity to compare, analyse and reflect on international legal issues across received legal categories; and
- Highly developed intercultural sensitivity and understanding.
Last updated: 18 December 2020
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50023 | Legal Method and Reasoning |
Summer Term
April
|
12.5 |
| LAWS50024 | Principles of Public Law |
Semester 1
June
|
12.5 |
| LAWS50026 | Obligations |
Semester 1
May
|
12.5 |
| LAWS50025 | Torts |
Semester 1
November
|
12.5 |
Corequisites
None
Non-allowed subjects
None
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: 18 December 2020
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
| Description | Timing | Percentage |
|---|---|---|
Assessment 1: Compulsory human rights workbook
| End of semester | 25% |
Assessment 2, Option 1: An independent piece of legal writing on a on topic and in a form negotiated with Coordinator
| During the examination period | 75% |
Assessment 2, Option 2: 3 essays from a selection of 6-8 topics set by the Coordinator
| During the examination period | 75% |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 18 December 2020
Quotas apply to this subject
Dates & times
- Semester 2
Principal coordinator John Tobin Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 144 hours Teaching period 3 August 2020 to 1 November 2020 Last self-enrol date 14 August 2020 Census date 21 September 2020 Last date to withdraw without fail 16 October 2020 Assessment period ends 27 November 2020
Additional delivery details
This subject has an enrolment quota of 60 students.
Enrolments occur on a first come, first served basis up to quota, except for the timely re-enrolment period. Timely enrolments enter a selection process, and unsuccessful enrolments are withdrawn.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 18 December 2020
Further information
- Texts
Prescribed texts
- Specialist printed materials will be made available from Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 18 December 2020