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National Human Rights Institutions (LAWS90141)
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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National Human Rights Institutions (NHRIs) provide a bridge between governments and civil society and are recognised within the United Nations (UN) system for their credible role in monitoring and advocating for human rights compliance within their country. A distinguishing feature of a NHRI is that, in order to meet the UN’s Paris Principles, it must be genuinely independent of the government that created it and that appointed its president and commissioners. Herein lies an inevitable tension. The obligation of the NHRI to monitor compliance with human rights may fail to meet the policy and political priorities of either or both the government and civil society. The independence of NHRIs is vital to ensuring evidence-based, legally accurate and objective monitoring of human rights compliance. That independence is however under constant threat. The United Nations Rapporteur on Human Rights Defenders plays a significant role in ensuring that states are held accountable for protecting the independence of their NHRI. So too, civil society can provide vital community support to ensure respect for NHRIs.
This subject examines the role of the 118 or so NHRIs throughout the world and argues for their strengthening and independence of government and for their voice within the UN human rights system.
Principal topics include:
- The international standards governing National Human Rights Institutions (NHRIs)
- The role of NHRIs in promoting and protecting human rights, from theory to practice; effective strategies; prevention and early intervention
- International monitoring mechanisms and their relationship to NHRIs; the effect of globalisation
- The mandates, functions and powers of NHRIs, with specific attention to those in Australia, Fiji, India, Indonesia, the Republic of Korea, Malaysia, Mongolia, Nepal, New Zealand, the Philippines, Sri Lanka and Thailand, and references to those in Afghanistan, Jordan and Palestine
- The relationship between NHRIs and government, parliament, the judiciary, other independent institutions, NGOs and civil society
- International and regional cooperation among NHRIs.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced understanding of the importance of National Human Rights Institutions (NHRIs) in promoting and protecting human rights
- Have an advanced understanding of the importance of using various strategies (eg national inquiries into systemic violations) to protect human rights and prevent human rights violations
- Have an advanced understanding of the relationship between NHRIs and: The executive government; The legislature (parliament); The judiciary Other independent institutions (eg the Ombudsman, Anti-Corruption Commission); NGOs and civil society generally
- Have an advanced understanding of the value of alternative dispute resolution in providing effective and timely remedies for violations of human rights
- Have a sophisticated working knowledge of the diversity of NHRIs in the Asia-Pacific region.
Last updated: 12 November 2022
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
Corequisites
None
Non-allowed subjects
730818 National Human Rights Institutions
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 Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 12 November 2022
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 3 - 6 May | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 5 June | 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: 12 November 2022
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: 12 November 2022
Further information
- Texts
Prescribed texts
Specialist materials will be made available free of charge from Melbourne Law School prior to the pre-teaching period.
- 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
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: 12 November 2022