Handbook

LAWS90087 Disability Human Rights Law

Credit Points: 12.5
Level: 9 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2017:

June, Parkville - Taught on campus.Show/hide details
Pre-teaching Period Start 29-May-2017
Teaching Period 26-Jun-2017 to 30-Jun-2017
Assessment Period End 18-Sep-2017
Last date to Self-Enrol 31-Mar-2017
Census Date 26-Jun-2017
Last date to Withdraw without fail 11-Aug-2017

This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.



Timetable can be viewed here.
For information about these dates, click here.
Time Commitment: Contact Hours: 29-33 hours
Total Time Commitment:

136-150 hours

The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.

Prerequisites:

Melbourne Law Masters Students: None

JD Students: None

Corequisites: 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.

Non Allowed Subjects:

Students who have completed any of the below subjects are not permitted to take LAWS90087 Disability Human Rights Law:

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.

Coordinator

Dr Anna Arstein-Kerslake

Contact

Lecturer

Dr Anna Arstein-Kerslake, Coordinator

Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au

Subject Overview:

This subject examines the human rights of people with disabilities. The Convention on the Rights of Persons with Disabilities (CRPD) is the newest United Nations (UN) human rights treaty. This subject analyses the interpretation and implementation of the CRPD. It also explores the effect of multiple forms of marginalisation; for example, individuals with disabilities that are members of other minority groups, such as women, transgender people or racial minorities. This subject is relevant for students who are interested in reform in this area or for those interested in exploring the newest iteration of UN human rights law.

The lecturer has both personal and professional experience in this field and has a network of collaborators, including UN bodies, government actors, community groups, academics and others. She draws on her experiences and connections to deliver substantive law as well as provide an insight into the lived experience of disability.

Principal topics include:

  • Personhood and the right to equal recognition before the law
  • Decision-making and the right to legal capacity
  • Violence and the right to freedom from abuse
  • Mental health and the rights to liberty and consent to treatment
  • Universal design, reasonable accommodation, and accessibility
  • Medical, social, and human rights models of disability.
Learning Outcomes:

A student who has successfully completed this subject will:

  • Have an advanced and integrated understanding of the emerging and diverse field of disability human rights law and its role in international and domestic spheres
  • Have an understanding of recent developments in the disability human rights field, including the most recent UN body statements and relevant international and domestic court cases
  • Knowledge of the rights-based research paradigm and the importance of co-production and emancipation in disability research methodology
  • Have the cognitive and technical skills to analyse international and domestic law, policy and practice in relation to the rights of people with disability
  • Have the cognitive and technical skills to responsibly apply the disability human rights framework to lived experiences of disability
  • Have the ability to interpret and distil the knowledge and analysis gained in the course for a broad audience, particularly policy makers and other agents of change.
  • Have the sensitivity and skill to communicate research findings and complex legal analysis to the disability community and key stakeholders
  • Be able to demonstrate autonomy, creativity and responsibility as a legal practitioner in the field of disability human rights.
Assessment:
  • Take-home examination (5,000 - 6,000 words) (100%) (18 - 21 August 2017)
    or
  • 8,000 - 10,000 word research paper (100%) (18 September 2017) on a topic approved by the subject coordinator

A minimum of 75% attendance is a hurdle requirement.

Prescribed Texts:

Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.

Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Links to further information: law.unimelb.edu.au
Related Course(s): Graduate Diploma in Health and Medical Law
Graduate Diploma in Human Rights Law
Graduate Diploma in International Law
Graduate Diploma in Legal Studies
Juris Doctor
Master of Health and Medical Law
Master of Human Rights Law
Master of Laws
Master of Public and International Law

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