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Comparative Human Rights Law (LAWS90058)
Graduate courseworkPoints: 12.5On Campus (Parkville)
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
November
Lecturer
Dr Andrew Butler (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | November |
---|---|
Fees | Look up fees |
Human rights adjudication has expanded in many jurisdictions across the world in the past few decades. Yet there is still scepticism about the role of courts in human rights adjudication and the question whether Australia should adopt a justiciable bill of rights remains an open one. This subject will provide students with the opportunity to reflect critically on the role of courts in human rights adjudication by introducing them to the different approaches to the adjudication of human rights in a range of jurisdictions including South Africa, India, the United States, Germany, Canada, Israel, the European Union and Australia. Several key human rights issues that have arisen in different jurisdictions will be analysed and compared.
Principal topics include:
- What are human rights?
- Different approaches to judicial review of rights
- Different traditions and conceptions of constitutionalism and of rights jurisprudence
- Key issues in rights jurisprudence: hate speech, political speech, freedom of religion, equality and affirmative action, gay rights and same sex marriage, social and political rights
- Current challenges for human rights protections.
Intended learning outcomes
A student who has successfully completed this subject will:
- Be able to critically examine, analyse, interpret and assess the role of courts in human rights protection
- Have a sophisticated appreciation of the key similarities and differences between rights-protection instruments
- Have a comprehensive understanding of some of the different approaches to human rights adjudication in a range of jurisdictions
- Have a detailed understanding of the underlying assumption and institutional choices involved in adopting a particular model for the protection of rights
- Have the cognitive and technical skills to generate critical and creative ideas relating human rights, and to critically evaluate existing legal theories, principles and concepts with creativity and autonomy
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of comparative human rights.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a Melbourne Law Masters program
Option 2
Admission into the MC-JURISD Juris Doctor
AND
One of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50049 | Human Rights Law and Practice | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
LAWS50041 | Public International Law | July (Dual-Delivery - 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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination
| 13 - 16 January 2023 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 1 February 2023 | 100% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | 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: 31 January 2024
Quotas apply to this subject
Dates & times
- November
Principal coordinator Andrew Butler Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 19 October 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 16 November 2022 to 22 November 2022 Last self-enrol date 24 October 2022 Census date 17 November 2022 Last date to withdraw without fail 23 December 2022 Assessment period ends 25 January 2023 November contact information
Lecturer
Dr Andrew Butler (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- 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.
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-masters@unimelb.edu.au for subject coordinator approval.
- 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: 31 January 2024