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International Equality Law (LAWS70446)
Graduate coursework level 7Points: 12.5Not available in 2024
Overview
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Equality and discrimination law is continuing to increase in importance, but remains controversial. This subject examines international and comparative aspects of equality and discrimination law. The subject is not confined to, but will include a focus on labour and employment issues. Equality and discrimination issues will be examined at four levels: international law, transnational, state constitutional law, and state human rights law. A review of the content and operation of the major United Nations (UN) and International Labour Organization (ILO) conventions relevant to discrimination generally and to equality at work is directly relevant to Australian domestic law as these treaties provide a constitutional basis as well as content for much Australian anti-discrimination legislation. For comparison, an overview of the European Union (EU) system for regulating discrimination law will be included. The focus then shifts to comparative national law, with an examination of protection of equality and discrimination rights at constitutional and legislative levels in Australia and other countries that take different approaches: some or all of Canada, New Zealand, South Africa, the United Kingdom and the United States.
This subject provides a critical examination of the scope and operation of equality and discrimination law at international, transnational and national levels and utilises comparative doctrinal and policy analysis. While the major focus will be on work and employment, other areas will be considered where they cast light on the development of the law.
Principal topics include:
- An introduction to the different roles played by equality and discrimination at different locations and levels of the legal system
- Consideration of debates about the meaning of equality, discrimination and other contested concepts such as choice and responsibility
- Analysis of the roles, framework and key features of international treaties and conventions relating to equality and discrimination in both general (human rights) and specific (ILO) contexts
- Analysis of some of the key EU equality directives and their adoption in some Member States
- An analysis of constitutional protection of equality rights in countries with different modes of protection, chosen from Canada, New Zealand, South Africa, the United Kingdom and the United States
- An examination of anti-discrimination and equality laws across several countries to contrast different approaches and conceptualisations of these rights, and also different social environments and barriers to achieving a more equal society
- Consideration of the role(s) of law in relation to equality and discrimination, and the uneven progress in the countries analysed
- Exploration of possible future directions for better protection of equality and discrimination rights.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the ideas of equality and discrimination, and how they are used in legal documents at the international, national constitutional and national legislative levels
- Be able to critically examine, analyse, interpret and assess the purposes and effects of these legal rules
- Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as the role of international law, the appropriate scope of constitutional protection for rights, and the role of legislative protection in areas such as education for children with a disability, sex and race discrimination at work, and the extent of accommodation for parents and carers and for people with disabilities at work and in other contexts
- Have a sophisticated appreciation of the factors and processes influencing the production of each of the types of law
- Have an advanced understanding of situations in which issues of equality and discrimination may arise in at international level, in government actions, and in non-government activities such as work or education
- Have a detailed understanding of work-related equality and discrimination legal regimes in an international and human rights context
- Have the cognitive and technical skills to generate critical and creative ideas relating to equality and discrimination in legal forms and to critically evaluate existing legal theories, principles and concepts with creativity and autonomy
- Have a sophisticated appreciation of the plurality of norms and governance regimes involved in equality and anti-discrimination laws at different levels
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to equality and discrimination in legal contexts
- Have the communication skills to clearly articulate and convey complex information regarding equality and discrimination in legal contexts to relevant specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of equality and discrimination law.
Last updated: 30 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
Note: the following subject/s can also be taken concurrently (at the same time)
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50041 | Public International Law | July (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: 30 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination
| 27-30 August | 100% |
Option 2, Part A: Research proposal
| To be advised during class | 20% |
Option 2, Part B: Research paper on a topic approved by the subject coordinator
| 6 October | 80% |
Hurdle requirement: Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | 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: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2024
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: 30 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-admissions@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: 30 January 2024