Students
LAW 887 – International Human Rights Law
2018 – S1 External
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Carolyn Adams
Contact via carolyn.adams@mq.edu.au
W3A 511
Tuesday 13.00 to 14.00
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| Credit points |
Credit points
4
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| Prerequisites |
Prerequisites
Admission to MIntLawGovPP or MIntEnvLaw or MIntPubDip or LLM or MCTerrorism or MIntell or MSecStrategicStud or 42cp in LAW or LAWS units at 400 or 500 level or (admission to JD and 24cp in LAW or LAWS units at 800 level including LAWS601)
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
This unit deals with the protection and promotion of human rights in international law. The unit traces the historical development of human rights law at national, international regional and global levels. The unit considers frameworks for analysing the rights of individuals and groups – and the duties of states to protect those rights – as well as the institutions and mechanisms in place to protect and promote rights in practice. The unit includes consideration of the cross-cultural dimensions and other tensions inherent in this area of international law, with a focus on contemporary challenges for international human rights law.
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Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- Demonstrate, both orally and in writing, an understanding of the foundations and evolution of the international human rights law system--within the broader international law framework--and the resulting strengths and weaknesses of the system.
- Evaluate and compare, both orally and in writing, the mechanisms available for monitoring and enforcing human rights standards in different international and regional systems.
- Engage constructively with various critiques and theories of human rights--for example, whether rights are universal or particular--and be able to critically discuss, both orally and in writing, the significance of those approaches in the development, interpretation and operation of international human rights law.
- Demonstrate capacity for autonomous research by developing an individual research proposal and project that critically analyses a current issue or development from an international human rights law perspective.
General Assessment Information
Late Submission Penalty
Unless a Special Consideration request has been submitted and approved: (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date and (b) no assignment will be accepted more than seven (7) days (including weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – for example, quizzes and online tests and exams.
Submission
All written assessments in the unit are to be submitted electronically by way of Turnitin on the iLearn page. Plagiarism detection software is used in this unit.
Format
All assessment tasks in this unit must be typed in Word format and be double spaced to facilitate marking in Turnitin.
Word Limits
Word limits will be strictly applied and work above the word limit will not be assessed.
Moderation
Detailed marking rubrics will be made available on iLearn.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Online Quiz | 5% | No | 21 March 2018 |
| Research Essay Proposal | 0% | Yes | 23 March 2018 |
| Attendance & Team Project | 15% | No | On-Campus Session |
| Research Essay | 40% | No | 18 May 2018 |
| Final Take Home Exam | 40% | No | 13 June 2018 |
Online Quiz
Due: 21 March 2018
Weighting: 5%
You are required to complete an online quiz, which will cover the lecture readings set in Weeks 1, 2 and 3. The quiz will contain 10 multiple choice questions and is designed to encourage you to start reading early and to provide early feedback to you on your understanding of the readings.
The quiz will be available on the unit iLearn page from 9 am on Monday, 19 March 2018. You will have 30 minutes to do the quiz once you begin and you will need to complete the quiz in one sitting. You are required to complete the quiz before 5 pm on Wednesday, 21 March 2018. Please note that this is a timed assessment and no late submissions will be accepted.
On successful completion you will be able to:
- Demonstrate, both orally and in writing, an understanding of the foundations and evolution of the international human rights law system--within the broader international law framework--and the resulting strengths and weaknesses of the system.
Research Essay Proposal
Due: 23 March 2018
Weighting: 0%
This is a hurdle assessment task (see assessment policy for more information on hurdle assessment tasks)
You are required to develop and submit a research proposal for your research essay. The proposal must clearly set out your research question and your proposed approach to the question. The maximum word limit for the research proposal will be 600 words. Please note that this is an absolute maximum and that any words beyond the word limit will not be read or taken into account in grading your essay.This word limit does not include footnotes, but footnotes must not include any substantive text. A bibliography is not required.
Your research proposal will be marked on a pass/fail basis. This is a hurdle requirement, that is, you must pass this assessment task as a condition of passing the unit.
You are required to submit your research essay proposal by way of Turnitin on the unit iLearn page before 5 pm on Friday, 23 March 2018.
On successful completion you will be able to:
- Engage constructively with various critiques and theories of human rights--for example, whether rights are universal or particular--and be able to critically discuss, both orally and in writing, the significance of those approaches in the development, interpretation and operation of international human rights law.
- Demonstrate capacity for autonomous research by developing an individual research proposal and project that critically analyses a current issue or development from an international human rights law perspective.
Attendance & Team Project
Due: On-Campus Session
Weighting: 15%
Attendance
You are required to attend both days of the On-Campus Session (OCS), which will be held on Friday, 20 April and Saturday, 21 April 2018 from 9 am to 5 pm.
You are required to present your Team Tutorial Presentation during the OCS, see below. You will also be asked to participate in the other tutorials run by the convenor and your class mates during the OCS. The final take home examination in this course will cover the whole course, including the material covered in tutorials. It is, therefore, important that you attend and actively participate in both days of the OCS.
If you do not attend the OCS, in the absence of a successful request for Special Consideration, you will lose 5% of your total marks for this unit for each day of the OCS that you do not attend. If you are not present for your Team Tutorial Presentation, you will also lose the 5% of your marks that is awarded for the team component of this assessment. This means that if you don't attend the OCS, in the absence of a successful request for Special Consideration, you will lose 15% of the total marks for this unit.
Team Tutorial Presentation
In Week 1 you will be randomly assigned to a small team of external students and each team will be randomly assigned one tutorial from Weeks 2 to 7. The tutorial readings and some basic questions will be set out on the iLearn page in each week. Your team will be responsible for preparing and presenting the assigned tutorial materials to the class during the OCS including: introducing the topic, presenting the questions for discussion, engaging the class in the discussion and designing and leading group work and other activities around the tutorial materials and questions. You will have 50 minutes to run your Team Tutorial Presentation.
Your Team Tutorial Presentation will be marked as follows:
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The team component is worth 5% of your grade. It is intended to assess those elements of the project that result from team members working together in a collaborative and supportive manner. Each team member will receive the same mark for this component except where a team member is not present, or does not actively participate, in the presentation. In these circumstances, and in the absence of a successful request for Special Consideration, you will receive 0 out of 5% for this element of assessment.
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The individual component is worth 10% of your grade. The individual component of your grade will be based on your attendance at the OCS and an assessment by the tutor of your individual contribution to the Team Tutorial Presentation. Because of this, it is important that, in designing your tutorial presentation, you ensure that each team member has an approximately equal role in presenting the material to the class.
If you are unable to attend one or both days of the OCS due to serious, unexpected and unavoidable circumstances, you should submit a request for Special Consideration online by visiting ask.mq.edu.au.
On successful completion you will be able to:
- Evaluate and compare, both orally and in writing, the mechanisms available for monitoring and enforcing human rights standards in different international and regional systems.
- Engage constructively with various critiques and theories of human rights--for example, whether rights are universal or particular--and be able to critically discuss, both orally and in writing, the significance of those approaches in the development, interpretation and operation of international human rights law.
Research Essay
Due: 18 May 2018
Weighting: 40%
You are required to submit a research essay, based on your research essay proposal, that critically analyses a current issue or development, arising under the International Covenant on Civil and Political Rights or the International Covenant on Economic, Social and Cultural Rights, from an international human rights law perspective. The maximum word limit for the research essay will be 3000 words. Please note that this is an absolute maximum and that any words beyond the word limit will not be read or taken into account in grading your paper. The word limit does not include footnotes, but footnotes must not include any substantive text. A bibliography is not required.
You will be required to submit your research essay by way of Turnitin on the unit iLearn page before 5 pm on Friday, 18 May 2018.
On successful completion you will be able to:
- Demonstrate, both orally and in writing, an understanding of the foundations and evolution of the international human rights law system--within the broader international law framework--and the resulting strengths and weaknesses of the system.
- Engage constructively with various critiques and theories of human rights--for example, whether rights are universal or particular--and be able to critically discuss, both orally and in writing, the significance of those approaches in the development, interpretation and operation of international human rights law.
- Demonstrate capacity for autonomous research by developing an individual research proposal and project that critically analyses a current issue or development from an international human rights law perspective.
Final Take Home Exam
Due: 13 June 2018
Weighting: 40%
You are required to complete a final take home exam during the University examination period, which runs from Tuesday, 12 June 2018 to Friday, 29 June 2018.
The final take home exam in this unit will be posted on the unit iLearn page at 12 pm on Wednesday, 13 June 2018 and will be due before 8 pm on Wednesday, 13 June 2018. Please note that this is a timed assessment and no late submissions will be accepted.
The examination will comprise four (4) short answer questions and an essay. You will be given a choice of eight (8) short answer questions and a choice of two (2) essay topics. The questions and the essay topics may be drawn from any part of the course, including the tutorial material. Each response to a short answer question must not exceed 300 words. Your response to all four of the short answer questions must not exceed 1200 words. Your response to the essay question must not exceed 1000 words. Please note that these are absolute maximums and that any words beyond the word limits will not be read or taken into account in grading your final examination. These word limits do not include footnotes, but footnotes must not include any substantive text. A bibliography is not required.
You will have 8 hours to complete the final take home exam, although the exam itself should take you no longer than 2 hours in total. The exam is available over an 8 hour period to allow for work, family and other commitments, including other exams, and for students who require reasonable adjustments to the timing of assessments.
You are required to submit your final assignment by way of Turnitin on the unit iLearn page. Your final assignment must be submitted as two separate documents: (1) Responses to short answer questions; and (2) Response to essay question.
On successful completion you will be able to:
- Demonstrate, both orally and in writing, an understanding of the foundations and evolution of the international human rights law system--within the broader international law framework--and the resulting strengths and weaknesses of the system.
- Evaluate and compare, both orally and in writing, the mechanisms available for monitoring and enforcing human rights standards in different international and regional systems.
- Engage constructively with various critiques and theories of human rights--for example, whether rights are universal or particular--and be able to critically discuss, both orally and in writing, the significance of those approaches in the development, interpretation and operation of international human rights law.
Delivery and Resources
Technology used and required
To participate successfully in this unit, students will require access to the unit iLearn page. This will require access to secure and reliable computer facilities. Students will be required to upload all assessment tasks by way of Turnitin on the unit iLearn page.
Delivery
The unit will be delivered as a series of weekly two hour lectures running from Week 1 until Week 13, which will be recorded on Echo360. It is important that you attend or listen to the lectures every week for guidance on content and how best to approach the various assessment items. The on-campus session will be held on Friday, 20 April and Saturday, 21 April 2018 and attendance is compulsory. You are required to deliver your Team Tutorial Presentation and to participate in the discussion of the other tutorial materials and questions at the on-campus session.
Unit materials
You are required to have access to both of the prescribed texts for this unit, as there will be readings set from each text almost every week. The prescribed texts are as follows:
- Olivier De Schutter, International Human Rights Law: Cases, Materials and Commentary (Cambridge University Press, 2nd ed, 2014); and
- D Moeckli, S Shah and S Sivakumaran (eds), International Human Rights Law (Oxford University Press, 2nd ed, 2014).
Preparatory readings
In preparation for LAW887, you should read the following material from the prescribed textbook to refresh your understanding of basic international law sources and principles:
- Christine Chinkin, 'Sources' in D Moeckli, S Shah and S Sivakumaran (eds), International Human Rights Law (Oxford University Press, 2nd ed, 2014) 75-95.
Unit Schedule
A detailed weekly schedule will be provided on the unit iLearn page. The topics to be covered in this unit are as follows:
Week 1 History of Human Rights
Week 2 Theories of Human Rights
Week 3 Civil and Political Rights
Week 4 Economic, Social and Cultural Rights
Week 5 Limitations on Human Rights
Week 6 Enforcement of Human Rights I
Week 7 Enforcement of Human Rights II
Week 8 Rights of Peoples
Week 9 Children's Rights
Week 10 Women's Rights
Week 11 Measuring Progress
Week 12 Theoretical Critiques
Week 13 Institutional Challenges
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy (Note: The Special Consideration Policy is effective from 4 December 2017 and replaces the Disruption to Studies Policy.)
Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/student-conduct
Results
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
IT Help
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
Graduate Capabilities
PG - Capable of Professional and Personal Judgment and Initiative
Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.
This graduate capability is supported by:
Learning outcomes
- Engage constructively with various critiques and theories of human rights--for example, whether rights are universal or particular--and be able to critically discuss, both orally and in writing, the significance of those approaches in the development, interpretation and operation of international human rights law.
- Demonstrate capacity for autonomous research by developing an individual research proposal and project that critically analyses a current issue or development from an international human rights law perspective.
Assessment tasks
- Research Essay Proposal
- Attendance & Team Project
- Research Essay
- Final Take Home Exam
PG - Discipline Knowledge and Skills
Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Learning outcomes
- Demonstrate, both orally and in writing, an understanding of the foundations and evolution of the international human rights law system--within the broader international law framework--and the resulting strengths and weaknesses of the system.
- Evaluate and compare, both orally and in writing, the mechanisms available for monitoring and enforcing human rights standards in different international and regional systems.
- Engage constructively with various critiques and theories of human rights--for example, whether rights are universal or particular--and be able to critically discuss, both orally and in writing, the significance of those approaches in the development, interpretation and operation of international human rights law.
- Demonstrate capacity for autonomous research by developing an individual research proposal and project that critically analyses a current issue or development from an international human rights law perspective.
Assessment tasks
- Online Quiz
- Research Essay Proposal
- Attendance & Team Project
- Research Essay
- Final Take Home Exam
PG - Critical, Analytical and Integrative Thinking
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Learning outcomes
- Demonstrate, both orally and in writing, an understanding of the foundations and evolution of the international human rights law system--within the broader international law framework--and the resulting strengths and weaknesses of the system.
- Evaluate and compare, both orally and in writing, the mechanisms available for monitoring and enforcing human rights standards in different international and regional systems.
- Engage constructively with various critiques and theories of human rights--for example, whether rights are universal or particular--and be able to critically discuss, both orally and in writing, the significance of those approaches in the development, interpretation and operation of international human rights law.
- Demonstrate capacity for autonomous research by developing an individual research proposal and project that critically analyses a current issue or development from an international human rights law perspective.
Assessment tasks
- Research Essay Proposal
- Attendance & Team Project
- Research Essay
- Final Take Home Exam
PG - Research and Problem Solving Capability
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Learning outcomes
- Demonstrate, both orally and in writing, an understanding of the foundations and evolution of the international human rights law system--within the broader international law framework--and the resulting strengths and weaknesses of the system.
- Evaluate and compare, both orally and in writing, the mechanisms available for monitoring and enforcing human rights standards in different international and regional systems.
- Engage constructively with various critiques and theories of human rights--for example, whether rights are universal or particular--and be able to critically discuss, both orally and in writing, the significance of those approaches in the development, interpretation and operation of international human rights law.
- Demonstrate capacity for autonomous research by developing an individual research proposal and project that critically analyses a current issue or development from an international human rights law perspective.
Assessment tasks
- Research Essay Proposal
- Research Essay
- Final Take Home Exam
PG - Effective Communication
Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.
This graduate capability is supported by:
Learning outcomes
- Demonstrate, both orally and in writing, an understanding of the foundations and evolution of the international human rights law system--within the broader international law framework--and the resulting strengths and weaknesses of the system.
- Evaluate and compare, both orally and in writing, the mechanisms available for monitoring and enforcing human rights standards in different international and regional systems.
- Engage constructively with various critiques and theories of human rights--for example, whether rights are universal or particular--and be able to critically discuss, both orally and in writing, the significance of those approaches in the development, interpretation and operation of international human rights law.
- Demonstrate capacity for autonomous research by developing an individual research proposal and project that critically analyses a current issue or development from an international human rights law perspective.
Assessment tasks
- Research Essay Proposal
- Attendance & Team Project
- Research Essay
- Final Take Home Exam
PG - Engaged and Responsible, Active and Ethical Citizens
Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues
This graduate capability is supported by:
Learning outcomes
- Demonstrate, both orally and in writing, an understanding of the foundations and evolution of the international human rights law system--within the broader international law framework--and the resulting strengths and weaknesses of the system.
- Evaluate and compare, both orally and in writing, the mechanisms available for monitoring and enforcing human rights standards in different international and regional systems.
- Engage constructively with various critiques and theories of human rights--for example, whether rights are universal or particular--and be able to critically discuss, both orally and in writing, the significance of those approaches in the development, interpretation and operation of international human rights law.
- Demonstrate capacity for autonomous research by developing an individual research proposal and project that critically analyses a current issue or development from an international human rights law perspective.
Assessment tasks
- Research Essay Proposal
- Attendance & Team Project
- Research Essay
- Final Take Home Exam
Changes from Previous Offering
Last year, students were asked to give an oral presentation relating to their research project at the on-campus session. On the basis of feedback from students, this has been changed to a Team Tutorial Presentation, discussed in detail under Assessment Tasks.