LAWS308 - Human Rights in Contemporary Australia

Year

Credit points

Campus offering

Prerequisites

LAWS104 Foundations of Law and Legal Research

Teaching organisation

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. It examines the case for and against a Human Rights Act or some form of bill of rights in the Australian Constitution. The unit includes an examination of contested issues and an investigation of the link between law and public policy.

Learning outcomes

To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.

Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.

Explore the graduate capabilities.

On successful completion of this unit, students should be able to:

LO1 - 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 (GA4, GA5, GA9) 

LO2 - Apply the law of human rights to factual situations and thereby advise clients and others of their rights and responsibilities in those situations (GA4, GA6, GA7) 

LO3 - 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 (GA1, GA4) 

Graduate attributes

GA1 - demonstrate respect for the dignity of each individual and for human diversity 

GA4 - think critically and reflectively 

GA5 - demonstrate values, knowledge, skills and attitudes appropriate to the discipline and/or profession 

GA6 - solve problems in a variety of settings taking local and international perspectives into account

GA7 - work both autonomously and collaboratively 

GA9 - demonstrate effective communication in oral and written English language and visual media 

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 

Topics will also include a selection of the following: 

• 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 

Learning and teaching strategy and rationale

MODE: Multimode Intensive. 

ATTENDANCE PATTERN: Workshops; online; intensive 

You will be required to do preparatory reading and activities prior to the first class. 

You should anticipate undertaking 150 hours of study for this unit, including class attendance, readings and assignment preparation. 

This unit will be taught as a 2-hour lecture followed by a 2-hour tutorial. Our strategy is to encourage students to actively engage with unit content and their peers; to provide a clear link between lecture content and tutorial practicum to develop skills that bridge the gap between theory and practice. Through direct interaction between students and teachers, students are encouraged to engage in critical analysis of the foundational knowledge they acquire; to test that knowledge by applying it to factual situations; to produce solutions supported by legal authorities and arguments; and to reflect on their learning. 

Assessment strategy and rationale

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

The assessment tasks for this unit are designed for you to demonstrate your achievement of each learning outcome. 

Overview of assessments

Representative texts and references

Required text(s) 

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) Available at: https://www.ag.gov.au/RightsAndProtections/HumanRights/Documents/religious-freedom-review-expert-panel-report-2018.pdf 

Uluru Statement from the Heart (2017) Available at: https://www.referendumcouncil.org.au/sites/default/files/2017-05/Uluru_Statement_From_The_Heart_0.PDF  

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) 

Further references  

Australian Law Reform Commission, Traditional Rights and Freedoms — Encroachments by Commonwealth Laws (2016)  

Carter v Canada 2015 SCC 5  

R (Nicklinson) v Ministry of Justice [2014] UKSC 38  

Brennan, Frank, No Small Change (University of Queensland Press, 2015)  

Freeman, Damien and Shireen Morris, The Forgotten People (Melbourne University Press, 2016)  

Davis, Megan and Marcia Langton, It’s Our Country (Melbourne University Press, 2016)