Human Rights and Indigenous Peoples

This subject has the following teaching availabilities in 2011:

Principal topics will include:

• The history and current status of the UN Declaration on the Rights of Indigenous Peoples
• The role and work of the UN Permanent Forum on Indigenous Issues
• The work and impact of UN Special Rapporteurs
• The development of general human rights norms in their application to indigenous peoples by the human rights treaty bodies, particularly the Human Rights Committee and the Committee on the Elimination of Racial Discrimination
• The development of ILO standards and the impact of its work domestically
• The extent to which Australian governments have incorporated international human rights into policy approaches in relation to indigenous affairs in Australia
• The work of the Social Justice Commissioner in utilising human rights law and values in the Australian context
• Examination of comparative developments using examples such as the United States, Canada and New Zealand.

A student who has successfully completed this subject should:

• Have a sound understanding of the international importance of the human rights of indigenous peoples and the reasons for their contested scope
• Have detailed knowledge of the potential and limits of the existing United Nations (UN) human rights mechanisms in protecting the human rights of indigenous peoples, individually and as a group
• Have detailed knowledge of the potential and limits of the International Labour Organization’s (ILO) role in protecting the rights of indigenous peoples, individually and as a group
• Understand the importance of international instruments and institutions that are specifically devoted to developing and realising the rights of indigenous peoples
• Understand the central role played by indigenous organisations in the international system
• Be able to assess the effectiveness of Australia’s implementation of its international human rights obligations with respect to indigenous peoples
• Be able to compare the Australian approach with other examples of domestic recognition of the rights of indigenous peoples, and assess the effectiveness of different approaches
• Have the capacity to examine current issues facing indigenous peoples with reference to international human rights and labour standards
• Have developed skills of critical thinking, legal research and academic writing to understand and assess the significance and limitations of the international human rights system for indigenous peoples.

Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.