The course is concerned with how the international standards defining human rights can be recognised and established in Australian law.  To do this it starts with what human rights are, and compares them with other forms of rights.  There is discussion of how bills of rights fit with human rights.  The Australian Human Rights Acts (ACT and Victoria) are examined as examples.

The next major topic discussed is the implementation in law of the human rights to equality and non-discrimination.  Commonwealth legislation, and the resultant case law, are reviewed and critiqued.

The final section of the course is devoted to examining the human rights of individuals and groups who suffer disadvantage within the legal system.  There will be a selection of topics, possibly including Indigenous peoples, people with alternative forms of sexuality, asylum seekers and prisoners. 

Counter-terrorism law is also available as a topic, as well as the rights to life and to freedom of expression.  The particular topics will be selected in consultation with the class.

Overall a contextual approach is adopted, drawing on human rights theory, constitutional theory and the perspectives of comparative and international law.

• Awareness of the nature of human rights and the problems associated with their embodiment in law
• An understanding of how the law can work to disadvantage as well as protect human rights
• Knowledge of the institutional means available for protecting and promoting human rights, eg the Human Rights and Equal Opportunity Commission and the courts in discrimination
• An understanding of the comparative merits of protecting human rights by consitutional, statutory and common law means

A two-part assessment package will be offered to give a range of choices and to enable students to have feedback on their progress.  It is likely to include essays, take-home assignments, responses to a video presentation and class presentations.  The various learning outcomes promoted by the options are identified in the means of assessment available on the course website.

There will be three hours of lectures each week.  The first session will be two hours and will be composed of lecture material, delivered in semi-seminar mode as class size allows.  The subsequent single hour will allow presentations in the first part of the course, and a more discursive format.  In general, the course is likely to involve overall some ten hours a week.

Bailey P, The Human Rights Enterprise, LexisNexis, 2009 (expected to be published in early 2009).

The first two chapters of the new textbook would be useful, or else the parallel chapters in Human Rights: Australia in an International Context, Butterworths, Bailey P, 1990, still the current textbook; or a selection of chapters from Bringing Human Rights to Life, Bailey P, Federation Press 1993.

Students may find it helpful to take International Law of Human Rights (LAWS2225) as well at some point in their degree, (preferably before this course as it is a logical sequel).  The two courses together provide a comprehensive introduction to human rights law.