Students successfully completing this course will be able to:

(1) Explain and assess the various theories proposed as the basis for the protection of human rights

(2) Read and analyse primary sources ie. treaties and cases, with an understanding of the system of public international law and domestic public law

(3) Read, synthesise, analyse and evaluate secondary materials with a critical understanding of the principles of human rights law;

(4) Understand and assess the structure, major institutions and jurisprudence of the international human rights system;

(5) Communicate clearly and concisely in written form;

(6) Communicate orally about principles of human rights law, and;

(7) Understand social and cultural diversity and the operation of Australian human rights law and public international law in that context.

Course Reader for Human Rights Law 2015 (Available on myuni)

Philip Alston and Ryan Goodman, International Human Rights (OUP 2013).



Note that this is a large book and very expensive. It can be purchased at Unibooks and all major bookstores. The Law Library has multiple copies available for loan and on reserve.

In weeks 1 and 2 the course will be taught in 2 hour lectures. All students are required to attend both lectures. In weeks 3-12 students will be required to attend a two-hour seminar per week in addition to a one hour lecture (note no lecture in week 12).

The exception is week 11 when there will be a 2 hour lecture to accommodate the screening of a 2009 film on the International Criminal Courts called “The Reckoning”. Attendance of this screening is required. The film will be screening in lieu of some readings on the ICC. In this week students are also required to attend a seminar so that the film can be discussed. 


Seminar class size is limited to 30 students (per group). The method of teaching will be interactive, with students expected to participate. There will be some opportunities for students to lead discussions in seminars, as well as group exercises. It is expected that the relevant reading materials will be read (thoroughly) prior to each class.


Seminars will be held weekly commencing the week beginning (Monday 16 March). Membership of seminars is to be finalised by the end of the first week of semester. Students wishing to swap between seminars after this time are required to present their case, but should be aware that such a request may not be approved.


Seminars are an important component of your learning in this course. The communication skills developed in seminars by regularly and actively participating in discussions are considered to be most important by the School and are highly regarded by employers and professional bodies.

As a result of the Good Friday public Holiday in week 5, students enrolled in Friday seminars will be encouraged to attend the Thursday seminars.

In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments. The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies.

1. Compulsory Assessment item: Class Participation

Percentage of final mark:  10%

Dates:  Continuous

Length: N/A

Redeemable? No

 
2. Compulsory Assessment Item: Legal Reflection on Current News item

percentage of final mark: 20%

Date due: 13 April 2015

Length: Two pages

Redeemable?: No


3. Compulsory Assessment Item: Essay Option or Presentation Option

 
Percentage of final Mark: 70%

Due Date: 15 June 2015

(22 June for Presentation Option)

Length: 3000 words

(Presentation Option: 2000 wds +written reflection + visual material)

Redeemable?: No

Part 1 - Participation (10%)



Students must:

¨ Attend at least 9 of 12 teaching weeks (unless you are excused for medical or other serious personal reasons. Students will be penalised 5% of the overall mark for non-attendance of the minimum number. Work commitments will not be considered an excuse to avoid this penalty.)

¨ Participate in the seminar discussion. It is not expected that all comments are ‘correct’, but participation must be based on your reflective reading of the course materials.



The assessment of participation aims to assess the following course aims: Knowledge, Intellectual and Social Skills, Attitudes and Values.

Seminar questions over the semester are designed to improve students’ ability to critically engage with Human Rights Law. Participation marks provide a basis for assessing students’ ability to intelligently discuss and debate Human Rights Law. Participation marks chiefly assess students’ oral communication skills and seminar preparation. There will be extensive use of small group discussions, to encourage students to work co-operatively together in groups, and participation marks will be awarded on the basis of contribution to small group discussion as well as participation in the larger class.

A guide to the award of participation marks is as follows:

Zero (0) – no evidence of preparation or contribution to small group or larger class discussion

Poor (1-4) – evidence of some preparation but no or very little contribution to small group or larger class discussion; poor quality of contribution displaying little understanding of the issues and demonstrating poor oral communication and legal skills.

Good (5-7) – evidence of good preparation, active contribution to small group discussion; contribution of a quality that displays a reasonable to good understanding of the law, and good oral communication and legal skills.

Excellent (7.5-10) – evidence of thorough preparation, active contribution to small group discussion and participation in the larger class; high level understanding of the law and critical analysis, evidence of excellent oral and legal skills.



Part 2 - Legal reflection on current news (20%)



Students must submit 2 x 500 word reflections on how human rights law relates to 2 current news items. Students must attach a copy of a newspaper article that discusses the news items.



The reflection can be written through dot points but it must include legal analysis of the current news item by considering the relevant primary sources of human rights law (eg treaties and custom; Constitution, legislation and cases).



Both pieces must be handed up by Monday the 13th April 2015. No footnoting or referencing is required.



Part 3



You have the following two choices for Part 3:



(i) Research Essay Option (70%)



A 3,000 word essay from a set list of topics provided at the beginning of the course.



Essays must:

Be submitted electronically via Turnitin by Monday 15 June 2015 at 2pm. This date is not negotiable. Students must retain a copy of the essay submitted. 



Conform to the Australian Guide to Legal Citation (copies are available at the Library’s reserve desk – an electronic copy can be consulted at http://www.law.adelaide.edu.au/library/resources/style/




Conform to the Word Limit Policy

Words in excess of the word limit will not be read. Note that substantive footnotes will be included in the word count.




Conform to the Late Submission Policy

Essays handed in after the due date will not be read or graded. Extensions are only available on medical or compassionate grounds (see below).




Not have been previously submitted for any other course without prior approval from the course co-ordinator.




Be adequately referenced. (A reduction of 5 percent will apply for inadequate referencing.)




Be footnoted (substantive footnotes will be included in the word count)




Be double-spaced and paginated




Have a bibliography appropriate for the topic



These requirements are non-negotiable.




(ii) Presentation Option (70%)



This option is for those students who would like to pick their own topic and present it to the class.



Apart from making a presentation to the class, students must hand up a 2000 word paper on Monday the 22nd June 2015 at 2pm. Out of the 70%, this paper will be worth 50%. Please note that students writing this paper must follow all the directions re essays as outlined above.



The Presentation

The presentation option is designed to allow students to think more creatively about human rights law. Students are encouraged to think of various mediums for the presentation of their topic – video, roleplay, powerpoint presentation, overheads etc.



Presentations can be done individually or in groups. Each individual presentation will take a maximum of 20 minutes. This means that if there is a group of 3 students for example, the group will be allocated an hour for its presentation. This time must be managed carefully: ¼ of the time must be put aside for class interaction.



One week prior to the presentation the presenter(s) must hand up a one-page outline to the course co-ordinator in order to inform her of the proposed set-up.



Students will receive 20% out of the 70% mark for this presentation:

10% for a 1-2 page written reflection on the presentation, the skills involved and whether the criteria stated below were met. This should be submitted with the written paper upon submission.


10% of the mark will be graded on the visual material used in the presentation (eg the powerpoint presentation, the overheads, the handouts etc.). This material should be submitted to the marker at the end of the presentation.




Presentation Assessment Criteria:


The topic should be of current interest;
The presenter must adhere to the time restrictions and allocate 5 minutes to a form of class interaction;
The presenter must make eye contact with the class;
The presenter must use visual aids to assist the discussion of the topic eg video, powerpoint, overheads, handouts etc;
The presenter must speak at a steady pace so that the presentation is easy to follow;
The presenter must present the issues with clarity.
The reflection piece must be a critical self-assessment as to whether these above criteria were met.



2. General Assessment Criteria
Depth of legal analysis and level of critical examination of the legal issues raised.
Level of legal insight and innovative thought.
Clarity of expression.
Logical planning and sequence.
Demonstrated understanding of the relevant legal material eg international conventions, jurisprudence of treaty bodies, legislation, cases.
Correct application of relevant material, in particular the primary sources.
Overall presentation, including grammar, spelling and punctuation.
Use of resources in formulating the paper including proper acknowledgement and correct referencing.



Essays will be graded as follows:

Fail 0-49
Does not address the question
Does not develop coherent and rational arguments
Demonstrates fundamental errors of understanding of key legal principles and concepts
Minimal evidence of research to support argument
Absence of legal analysis
Demonstrates limited analytical and evaluative skills

 

Pass 50-64%
Adequate articulation of argument
Demonstrates a basic understanding and application of analytic concepts and theoretical concepts
Minimal adherence to citation style
Adequate relevant research informing the argument
Basic understanding of that reading
Insufficient legal analysis
Adequate skills in written expression and presentation


Credit 65-74
Demonstrates a high level of understanding of the relevant legal materials
Shows a thorough understanding of relevant legal materials
Demonstrates some critical legal thinking and evaluative skills
Adequate legal analysis
Adequate skills in written expression and presentation


Distinction 75-84
High standard of understanding of the relevant legal materials with some original and sophisticated perspectives
High level of insight and legal analysis
Broad ranging legal research skills
Evidence of high level of critical legal thinking
Well developed analytical and evaluative skills
Developed skills in written expression and presentation


High Distinction 85-100

Outstanding level of understanding and interpretation

Compelling, well-supported and tightly structured legal arguments

Broad ranging research and original and sophisticated thinking

Highly developed written communication skills

Late Submission: 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly.

Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.