Economic and Social Rights (LAWS90121)
Graduate courseworkPoints: 12.5Not available in 2021
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
About this subject
Overview
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International human rights law encompasses two sets of rights – the traditional civil and political rights, and economic, social and cultural rights. The latter group include the rights to food, health, housing and education, as well as labour rights. It is commonly suggested that widespread governmental neglect of these rights in many states has contributed significantly to the rise of populist politicians promising to upend the existing order and revive the fortunes of the increasingly marginalised middle class. Social rights might thus represent a crucial new frontier for mainstream human rights advocacy, as an antidote to neoliberalism and a response to the demand, including in the global South, for an approach to human rights that meaningfully addresses the most pressing needs of the majority.
In practice, however, the status of social rights, as human rights, is deeply confusing. China and many of its allies claim that these are by far the most important human rights, but their policy prescriptions focus largely on economic growth. In many other countries, social rights have achieved broad constitutional recognition and are considered justiciable, but judicial enforcement is limited and problematic. Social rights are prominent on the international human rights agenda, but with little to show for it, and they remain conspicuously marginal in the activities of the world’s leading human rights NGOs.
Principal topics include:
- The need to reconceptualise social rights
- A focus on the necessary economic, fiscal, and financial policies
- A review of attitudes to social rights in Australia and of their relevance in light of a longstanding antipathy to the acceptance of international human rights obligations in domestic law
- The future of the welfare state
- The UN Sustainable Development Goals
- Proposals for a universal basic income, and for social protection floors.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a sophisticated understanding of some of the main challenges facing the international human rights regime
- Understand the legal nature of international social rights obligations
- Understand where social rights fit into both welfare states and states with very low levels of social protection
- Appreciate the integral relationships between social rights on the one hand and civil and political rights on the other
- Understand how poverty undermines the enjoyment of all rights
- Understand better the relationship between extremes of inequality and human rights
- Gain insight into the relevance for human rights of major developments in relation to taxation and fiscal policy
- Understand where the debates over universal basic income and social protection floors fit into the broader picture of human rights protection
- Gain insights into aspects of international development policy and the relevance of the Sustainable Development Goals.
Last updated: 8 November 2024
Eligibility and requirements
Prerequisites
None
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: 8 November 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 21 - 24 September | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 31 October | 100% |
| Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
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.
Last updated: 8 November 2024
Quotas apply to this subject
Dates & times
Not available in 2021
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: 8 November 2024
Further information
- Texts
- 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.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 8 November 2024