Program Overview

Program Details

The program details are as follows:

Unit Rationale, Description, and Aim

This unit examines the philosophical basis of human rights and the various ways in which human rights are and could be protected in Australian jurisdictions under the common law, by statute, and constitutionally.

Campus Offering

No unit offerings are currently available for this unit.

Prerequisites

• LAWS104 Foundations of Law and Legal Research
• LCRM107 Introduction to Research for Law, Human Rights and Criminal Justice Studies

Incompatible Units

• LEGL308 - Intellectual Property Law

Learning Outcomes

To successfully complete this unit, students will be able to:

1. Describe and critically evaluate the concept and theory of human rights and the protection they are afforded in Australia by the common law, statute, and the Australian Constitution
2. Apply the law of human rights to factual situations and advise clients and others of their rights and responsibilities in those situations
3. Compare and contrast how the inclusion of 'human rights' language assists or hinders the development of laws and policies which enhance human dignity and the common good

Content

Topics will include:

• Community perceptions of human rights
• The philosophical basis for human rights and responsibilities
• An historical overview of the 'bill of rights' debate in Australia
• The case for and against a Human Rights Act in each jurisdiction
• The relevance of international law and UN instruments
• Freedom of religion and freedom of conscience
• Human rights, abortion, and the right to choose
• Same-sex marriage
• Euthanasia and the right to die
• Anti-discrimination law generally
• The human rights of Indigenous Peoples
• The human rights of asylum seekers
• Counter-Terrorism laws and human rights

Assessment Strategy and Rationale

In order to pass this unit, students are required to complete all assessment tasks.

Overview of Assessments

1. Take Home Exam: Requires students to answer hypothetical problem(s) and essay question(s) based on the material presented during the intensive week.
   • Weighting: 50%
   • Learning Outcomes: LO1, LO2
2. Research Assignment: Develops students' capacity to think and write about the complexity of any change in public policy in relation to one particular issue of their choice where there is a conflict of rights and interests.
   • Weighting: 50%
   • Learning Outcomes: LO3

Learning and Teaching Strategy and Rationale

The unit will be taught as a 2-hour lecture followed by a 2-hour tutorial, using an active learning approach to support students in exploring knowledge essential to the discipline.

Representative Texts and References

• Required Texts:
  • McBeth A, Nolan J, and Rice S. The International Law of Human Rights, Oxford University Press, Second Edition, 2017 (ILHR), Chapter 9
  • Expert Panel Report, Religious Freedom Review (2018)
  • Uluru Statement from the Heart (2017)
  • Boas, Gideon; Chifflet, Pascale, 'Suspected War Criminals in Australia: Law and Policy' (2016) 40(1) Melbourne University Law Review 46
• Recommended References:
  • National Human Rights Consultation Committee, Parliament of Australia, Human Rights Consultation Committee Report (2009)
  • Brennan, Frank, Maintaining A Convinced and Pondered Trust (ATF Theology, 2015)
  • Finnis, John, Human Rights and the Common Good (Oxford University Press, 2011)
  • Williams, George and David Hume, Human Rights under the Australian Constitution (Oxford University Press, 2nd ed, 2013)

Credit Points

10

Year

2026