Note: This is an archived Handbook entry from 2009. Search for this in the current handbook
|Dates & Locations:|| |
This subject has the following teaching availabilities in 2009:Semester 1, - Taught on campus.
Timetable can be viewed here. For information about these dates, click here.
|Time Commitment:||Contact Hours: One 2-hour seminar per week |
Total Time Commitment: Estimated total time commitment of 120 hours.
Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory or in each case their equivalents.
|Recommended Background Knowledge:||None|
|Non Allowed Subjects:||None|
|Core Participation Requirements:||
For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.
It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability
CoordinatorMr John Tobin
ContactMr John Tobin
This subject provides a critical examination of the relationship between children, rights discourse and the law. It consists of 2 parts. Part A will explore the development of a rights based approach to matters involving children and involves:
• a consideration of the historical relationships between children and the law
• an evaluation of the concept, theory and philosophy of children's rights; and
• an examination of the way in which domestic and international legal frameworks, principally the Convention on the Rights of the Child and the Victorian Charter of Human Rights and Responsibilities have impacted on the status and treatment of children within society.
Part B will involve a discussion and consideration of contemporary issues concerning children by reference to a rights based framework. It will explore and critique the content of the relevant legal frameworks and provide an analysis of the extent to which domestic law and policy is consistent with a rights based approach to matters concerning children. The case studies to be covered will be drawn from areas which are the subject of current discussions. For example:
On completion of this subject, students should:
Have developed an understanding of
o The historical and contemporary status of children within the law;
o The notion, limitations and advantages of perceiving children as rights bearers;
o The extent to which domestic and international legal frameworks construct and reflect a rights based approach to matters involving children;
o The status, relevance and potential use of international human rights instruments within domestic law
o The treatment of children within Australian, national, regional and international judicial bodies
Be able to draw on this understanding
o To identify issues confronting children within contemporary society and the role of law in the creation or resolution of these issues;
o To describe and critically assess what it means to adopt a rights based approach, including its key principles, when dealing with children;
o To apply a rights based approach as a model for the evaluation and resolution of issues confronting and involving children in a range of contexts
o To present such an analysis in the form of a written research paper that is appropriately structured, developed, supported and referenced.
Research essay 5000 words, 100% (due final day of semester).
|Prescribed Texts:|| |
Printed materials will be issued by the Faculty of Law.
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
On completion of the subject, students should have developed the following generic skills:
In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:
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