Human Rights Litigation and Advocacy

Subject 730-817 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 2, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Mr John Tobin
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Develop the technical and strategic legal skills necessary to make use of human rights standards in domestic and international litigation; the analysis and development of legislation; and the design and implementation of public policy
  • Possess the legal research skills necessary to identify the meaning and content of human rights standards as developed by international, regional and domestic courts, tribunals and other human rights bodies
  • Be able to comment critically on the status of international human rights standards in domestic law and understand the circumstances when recourse can be made to human rights standards before courts to interpret legislation and develop domestic law
  • Be able to identify the domestic mechanisms for the protection of human rights, including Bills of Rights, and assess the capacity of parliaments to provide effective protection of human rights
  • Understand how to use human rights standards in policy formulation and advocacy and how to critically evaluate legislative and policy proposals by reference to such standards.

Syllabus:

Principal topics will include:

  • The techniques required for developing an understanding as to the meaning and content of human rights standards, such as the right to life, torture, privacy, equality, health and education
  • The mechanisms available for the domestic implementation of human rights standards, with a focus on:
    i. Comparative Bills and Charters of Rights, especially the Victorian Charter of Rights and Responsibilities
    ii. The capacity to use international human rights to interpret and develop domestic law in the courts
  • The use of contemporary case studies, such as the war on terrorism, the treatment of refugees and homelessness to illustrate the use of human rights in domestic litigation and the evaluation of existing or proposed legislation
  • The international mechanisms available for the protection of human rights standards, with a focus on the procedure and practice of lodging complaints with the Human Rights Committee and Special Rapporteurs of the Human Rights Council.
Assessment:
  • Written assignment 3,000 words (30%) (23 October)
  • Research paper 7,000 words (70%) (11 December) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-817Human Rights Litigation and AdvocacyMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Develop the technical and strategic legal skills necessary to make use of human rights standards in domestic and international litigation; the analysis and development of legislation; and the design and implementation of public policy
  • Possess the legal research skills necessary to identify the meaning and content of human rights standards as developed by international, regional and domestic courts, tribunals and other human rights bodies
  • Be able to comment critically on the status of international human rights standards in domestic law and understand the circumstances when recourse can be made to human rights standards before courts to interpret legislation and develop domestic law
  • Be able to identify the domestic mechanisms for the protection of human rights, including Bills of Rights, and assess the capacity of parliaments to provide effective protection of human rights
  • Understand how to use human rights standards in policy formulation and advocacy and how to critically evaluate legislative and policy proposals by reference to such standards.

Syllabus:

Principal topics will include:

  • The techniques required for developing an understanding as to the meaning and content of human rights standards, such as the right to life, torture, privacy, equality, health and education
  • The mechanisms available for the domestic implementation of human rights standards, with a focus on:
    i. Comparative Bills and Charters of Rights, especially the Victorian Charter of Rights and Responsibilities
    ii. The capacity to use international human rights to interpret and develop domestic law in the courts
  • The use of contemporary case studies, such as the war on terrorism, the treatment of refugees and homelessness to illustrate the use of human rights in domestic litigation and the evaluation of existing or proposed legislation
  • The international mechanisms available for the protection of human rights standards, with a focus on the procedure and practice of lodging complaints with the Human Rights Committee and Special Rapporteurs of the Human Rights Council.
  • Written assignment 3,000 words (30%) (23 October)
  • Research paper 7,000 words (70%) (11 December) (topic approved by the subject coordinator)
N.A.N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Mr John TobinLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730817P12.500Semester 2NLawLaw730-817

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