Postgraduate - UnitLAW7480 - Children's rights in Australian law

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Notes

Synopsis

Although Australia has ratified the UN Convention on the Rights of the Child, children's rights are arguably still not well protected in Australia. This unit looks at the extent to which Australia is complying with its international obligations under the Convention on the Rights of the Child. It does this through analysing domestic laws, policies and practices relating to children's rights at both a state and federal level. Specific issues are analysed including, children in family law, children in juvenile justice, children in child protection and Indigenous children. We consider the ongoing challenges to the full realisation of children's rights in Australia, and what reforms might overcome these challenges.

Outcomes

Upon completion of this unit, students should:

1. appreciate the historical development of children's rights in Australia;
2. have a comprehensive understanding of Australian laws and policies pertaining to children's rights, and how these compare to the UN Convention on the Rights of the Child
3. have a comprehensive understanding of Australia's approach to the UN Convention on the Rights of the Child, including its reservations to that treaty and its dealings with the UN Committee on the Rights of the Child
4. have a comprehensive understanding of particular issues relating to children's rights in Australia including:
1. children in the family law system;
2. children in the juvenile justice system;
3. children in child protection; and
4. Indigenous children.
5. understand and be able to analyse and critically comment on a number of specific challenges to the full realisation of children's rights in Australia, including lack of incorporation of the Convention on the Rights of the Child into domestic law, absence of children's ombudsman; and lack of uniform approach amongst different Australian states and territories;
6. be able to critically evaluate the strengths and weaknesses of the Australian system(s) for protecting children's rights;
7. be able to understand, evaluate and apply policy arguments for and against reform of Australian laws, policies and practices surrounding children's rights;
8. be able to identify or find the relevant principles, laws and precedents and apply them to resolve Australian issues relating to children's rights;
9. further develop legal research, writing, and legal argument skills in the area of children's rights in Australia; and
10. further develop oral articulation of legal argument during class discussions.

Assessment

One research assignment (6,750 words): 90%
Class participation: 10%

Contact hours

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

This unit applies to the following area(s) of study

Human rights law