Human Rights and Universality (LAWS90045)
Graduate courseworkPoints: 12.5Not available in 2024
About this subject
Overview
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|---|
This subject will draw attention to how and why the relationship between human rights and many marginalised groups has been highly fraught and replete with tensions. The subject will explore and unpack two central claims on which human rights law is based: first, that human rights are universal; and secondly, that human rights are an optimistic, progressive and emancipatory pursuit. These claims will be interrogated by focusing on the treatment of difference in international human rights law, including differences of gender, culture, indigeneity, sexual orientation, gender identity and religion, exploring how the `Other’ has been addressed in human rights law. Students will examine how the universality of international human rights law might yet be realised and learn how to grapple with some of the challenges posed by those who argue against universality, claiming i) that human rights are culturally specific to the West, and therefore inappropriate in non-Western cultural contexts; ii) that human rights are a ruse for pursuing neo-imperial or neo-liberal agendas; and iii) that human rights are exclusive and available to some humans, not all humans.
Principal topics include:
- Challenges to the universal claims of Human Rights Law
- Assessing these challenges in the context of the Universal Declaration of Human Rights
- Human Rights and the `Other’
- Gender Difference and the Complexities of Equality
- Cultural Difference and Human Rights (The Veil)
- Indigenous Difference and Human Rights (The Aborigine)
- Sexual Orientation/Gender Identity and Human Rights (The Homosexual)
- The Terrorist versus Human Rights (The Muslim).
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a sophisticated understanding of how human rights law responds to a range of differences between and among people
- Understand postcolonial and third world perspectives on human rights
- Have the analytical skills to unpack situations that are cast as human rights concerns and probe into the real conflicts and issues that are at stake, including some of the background norms and political concerns that shape human rights issues, cases and controversies
- Be able to identify the cultural and gender stereotypes that may inform the perspective of the human rights advocate
- Be able to demonstrate creative and expert judgment and responsibility as a practitioner and advocate in the field of international human rights law.
Last updated: 8 November 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 |
|---|---|---|---|
| LAWS50041 | Public International Law | July (On Campus - Parkville) |
12.5 |
| LAWS50049 | Human Rights Law and Practice | Semester 2 (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: 8 November 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 11 -14 January 2019 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 18 February 2019 | 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 2024
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
- 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.
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.
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
Last updated: 8 November 2024