LAW7319 - Children's rights in international and domestic law

Leader: Dr Paula Gerber

Offered

City (Melbourne) Term 2 2008 (On-campus block of classes)

Synopsis

Securing the rights of children remains a challenge in the 21st century. Although the UN Convention on the Rights of the Child (CROC) is the most ratified of any of the human rights treaties (only the United States and Somalia have failed to ratify), the full realisation of children's rights remains a challenge. Children continue to be exploited and abused on a regular basis and the use of child labour and child soldiers continues. In addition violence against children and the mistreatment of child refugees is a concern in many countries.

Objectives

Upon completion of this unit, students should:

1. appreciate the historical development of children's rights within the broader international human rights movement;
2. understand and be able to analyse and critically comment on the theoretical debates about what it means to take a rights based approach to issues concerning children;
3. understand and be able to analyse and critically comment on international, regional and local approaches to children's rights;
4. have a comprehensive understanding of the international human rights obligations and standards pertaining to children's rights, including the relevant international treaties and the domestic means of implementing the international norms;
5. have a comprehensive understanding of the international human rights system as it relates to the protection children's rights, including the UN Committee on the Rights of the Child;
6. have a comprehensive understanding of the variety of mechanisms in place in different jurisdictions for the implementation of the international norms pertaining to children's rights;
7. understand and be able to analyse and critically comment on a number of specific challenges to the full realisation of children's rights, including economic pressures, political will (or lack thereof) and social and cultural factors;
8. be able to critically evaluate the strengths and weaknesses of the UN processes for protecting children's rights, including the state reporting system;
9. be able to analyse the extent to which Australia's international obligations relating to the rights of the child have been incorporated into domestic law;
10. be able to critically evaluate the strengths and weaknesses of Australian laws and structures relating to protecting children, including state based children's Commissions and Ombudsmen;
11. be able to understand, evaluate and apply policy arguments for and against reform of the system surrounding children's rights;
12. be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to children's rights;
13. further develop legal research, writing, and legal argument skills in the area of children's rights; and
14. further develop oral articulation of legal argument during class discussions.

Assessment

Research Paper (6,750 words): 90% : Class participation: 10%

Contact hours

24 hours of seminars per semester regardless of mode of offering

Prerequisites

LAW7026