The course is concerned with how the international standards defining human rights can be recognised and established in Australian law. To do this, we start with what human rights are, and compare 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 we discuss is how well the human rights to equality and non-discrimination are implemented in Commonwealth and State anti-discrimination legislation. The 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. We will examine critically how the human rights of particular groups and individuals are curtailed. Examples are Indigenous peoples, people with alternative forms of sexuality, asylum seekers, prisoners, the rights to life and to freedom of expression and the effect on human rights relating to Counter-terrorism law. To the extent possible, the topics to be explored will be selected in consultation with the class.

The course is designed to give you an opportunity

• to become more aware of the nature of human rights and the problems associated with their embodiment in law
• to reach a greater understanding of how the law can work to disadvantage as well as protect human rights
• to get more knowledge about 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
• to evaluate better the comparative merits of protecting human rights by constitutional, statutory, common law and administrative means
• a better understanding of the comparative merits of protecting human rights by constitutional, statutory, common law and administrative 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.

You will have three hours of lectures each week. The first session (two hours) will be mainly lectures, though we will be give them in interactive (seminar) mode. In the single hour later in the week you will be offered the option of making a presentation in the first weeks of the course, and of a more discussive format in the second half. In general, the course will involve you overall in some ten hours a week.

As a reasonably experienced student, you will be encouraged to draw on your prior knowledge during the course. We will assume you want to probe the human rights enterprise, although not necessarily in supportive mode. We want to increase your interest in human rights and their realisation, and to give you a chance, in a receptive environment, to air your views, whatever they may be, both about human rights values and how they should be implemented. So we prefer your interest, some prior knowledge of the law, your willingness to be involved, and your receptiveness to the views of others to simple absorption of ‘the law’. The course offers a human rights based critique for the values and standards the law contains.

Completed or completing five LAWS courses at 1000 level.

Corequisite: Commonwealth Constitutional Law LAWS2202.

Commonwealth Constitutional Law LAWS2202.

If you want to have a rounded conception of human rights law, it would be useful for you to take both this course and International Law of Human Rights (LAWS2225) at some point in your degree. While this course stands alone, ILHR is a useful preparation, or supplement, if you can fit it in.

Bailey P, The Human Rights Enterprise, LexisNexis, 2009.

You would find useful a quick skim of the first two chapters of the textbook, or a selection of chapters from Bringing Human Rights to Life, Bailey P, Federation Press 1993, or the first couple of chapters in Retreat from Injustice: Human Rights Law in Australia, O’Neill N, Rice S, Douglas R, Federation Press (2^nd ed) 2004.

The Course Outline will list readings in addition to those from the preliminary reading list that will cover both other general texts and some dealing with particular issues covered in the course.

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.