Human Rights Litigation and Advocacy

Subject LAWS70186 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

June, Parkville - 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: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Assoc Prof John Tobin

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:
  • The essential features required for effective human rights litigation and advocacy
  • Research techniques required to develop an understanding of 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:
    - Comparative bills and charters of rights, particularly the Victorian Charter of Human Rights and Responsibilities
    - The use of international human rights in domestic litigation
  • Case studies identifying human rights issues and appropriate reports and submissions to government inquiries, courts and other bodies (case studies will be drawn from issues such as the war on terror, the treatment of refugees and homelessness)
  • International mechanisms available at a domestic level 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.

Although case studies will be drawn from human rights litigation and advocacy in Australia, consideration will also be given to other jurisdictions. The general principles and themes are intended to have relevance and application beyond the Australian context to any domestic jurisdiction.

Objectives:

A student who has successfully completed this subject should understand:

  • The practical skills necessary to make use of human rights standards in two contexts: Litigation (domestic and international) and advocacy (the capacity to invoke human rights at the domestic level to promote or respond to the development of legislation and the design and implementation of public policy)
  • The strategic and technical limitations in using human rights standards in litigation and advocacy initiatives at the domestic level
  • The meaning and content of human rights standards as developed by international, regional and domestic courts, tribunals and other human rights bodies
  • The status of international human rights standards in domestic law, including when recourse can be made to human rights standards before domestic courts
  • The domestic mechanisms for the protection of human rights
  • When a human rights issue arises in a particular case and be able to identify the strategies available for the protection of that right at the domestic and international level.
Assessment:

3,000 word written assignment (30%) (5 July)
7,000 word research paper (70%) (19 August) on a topic approved by the subject coordinator

Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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