Handbook 1996 : Faculty of Law (Volume 3 page 218)
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Optional Law subject.
Pre/Corequisite: History and the Philosophy of Law; Torts and the Process of Law; International Law.
Contact: 2 hours per week
Timetable: Both semesters
Objectives:
Students completing this subject should: gain an understanding of the twentieth century development of the law relating to human rights; secure knowledge of the philosophical bases, principles and practical operation of the international and Australian regimes for the protection of human rights; acquire the ability to assess the validity of actions of governments under both international and Australian human rights law; explain and assess the various theories proposed as the basis for the protection of human rights; appreciate the juridical significance of the challenge offered by developing nations to the traditional approaches to human rights; understand and assess the structure, major institutions and jurisprudence of the international human rights system; comprehend the relationship between the international law of human rights and Australian law; understand the significance of constitutional protection of rights through contrasting the situation in Canada and Australia; and identify and apply Australian human rights law, in particular with respect to racial and sex discrimination, indigenous peoples, prisoners and the mentally ill.
Content:
The development of the international law relating to human rights and its implementation in Australia, and issues of civil liberties. Introduction: Causes and incidence of human rights abuse; history and development of human rights at international law and in common and civil law traditions; examination of the relationship between international and domestic law. Sources of rights and their justification: Theories about rights; the debate over the universality of human rights standards; development of group or people's rights; potential conflict between individual and social rights. International Humanitarian Law: Red Cross Geneva Conventions and Protocol 1949-1977, War Crimes Legislation and Trials. The United Nations system: the development of human rights norms in the United Nations system and their implementation. Regional systems for the protection of human rights: the development of norms in the European, American and African regions and their implementation. The role of non-government organisations in the implementation and effectiveness of human rights law. Implementation at the national level: reconciliation of sovereignty with human rights obligations; unitary and federal states; common law protection; constitutional guarantees. Human rights and civil liberties in Australia - Constitutional guarantees of rights: freedom of religion; jury trials; just compensation for property; recommendations of the Constitutional Commission; the Bill of Rights debate; comparisons with the Canadian Charter of Rights and Freedoms. Discriminatory treatment of minorities and other groups: State and Commonwealth legislation, in particular dealing with racial and sexual discrimination; the role of the Human Rights and Equal Opportunities Commission and state agencies. Compulsory treatment of the physically and mentally ill: State laws e. g. Victorian Mental Health Act. Prisoners Rights: Victorian and Commonwealth legislation, e. g. Victorian Corrections Act; the Human Rights and Equal Opportunities Act.
Assessment:
Research Essay 6,000 words (60 per cent) and Final Exam 2 hours (40 per cent).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 218)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.