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 and the proposals for an Australian bill of rights will be reviewed.

Another topic discussed is the implementation in law of the human rights to equality and non-discrimination. Commonwealth and State anti-discrimination legislation, and the resultant case law, are analysed and critiqued. The inadequacies in human rights terms of the Constitution will be exposed and there will be discussion of how the inadequacies might be remedied.

The final section of the course is devoted to examining the human rights of individuals and groups who suffer disadvantage within the legal system. The particular groups and individuals will potentially include a critical examination of the extent to which enjoyment of human rights is curtailed in the case of Indigenous peoples, people with alternative forms of sexuality, asylum seekers and prisoners. To the extent possible these topics and others such as human rights relating to Counter-terrorism law and the rights to life and to freedom of expression will be subject to selection in consultation with the class.

• 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 by the Australian Human Rights Commission, and by the Commission and the courts in discrimination law
• 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 before and after the presentations. In general, the course is likely to involve overall some ten hours a week.

The course will be adapted where possible to take into account students' prior knowledge. It will assume a desire to probe the human rights enterprise, although not necessarily in supportive mode. The object is to promote interest in human rights and their realisation, and to discuss in a receptive environment what are often very different views both about values and about how they should be implemented. So interest, a willingness to be involved, and a receptiveness to the views of others are preferred rather than simple absorption of ‘the law'. The subject offers a human rights based critique for the values and standards the law contains.

Bailey P, The Human Rights Enterprise, LexisNexis, 2009

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 this one is a logical sequel).  The two courses together provide a comprehensive introduction to human rights law.