units

LAW5619

Faculty of Law

18 September 2017 22 November 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Offered

Prato

  • Term 2 2016 (Day)

Notes

For Prato Law discontinuation dates, please see http://www.law.monash.edu/current-students/study-opportunities/overseas-study/prato/units/index.html

Synopsis

This unit will provide an overview of the origin, development and current status of human rights protection in Europe. Its primary focus will be on the European Convention on Human Rights and Fundamental Freedoms, which has established the most sophisticated and successful regional system of human rights protection in the world. The European Court of Human Rights, based in Strasbourg, holds to account member states for violations of the rights and freedoms guaranteed by the convention to over 800 million persons. The second component concentrates on the European Union and how on the basis of a few EU Treaty provisions - now reinforced by the Charter of Fundamental Rights - the Court of justice has fashioned a comprehensive and dynamic system of judicial protection.

Outcomes

On completion of this subject, students will be able to:

  • apply knowledge and understanding of the European Convention of Human Rights, the case law of the European Court of Human Rights and the Convention's place within the constitutional and political structure of Europe;
  • investigate, analyse and synthesise debates surrounding controversial issues arising under European human rights law;
  • conduct research into issues relating to how the European Court of Human Rights has consistently updated the obligations on member states in the light of changing circumstances, especially social and cultural values; and
  • use cognitive, technical and creative skills to apply general human rights legal principles to specific problems.

Assessment

Attendance requirement: Students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

Class participation and class paper (1,500 words): 20%
One research assignment (6,000 words): 80%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Chief examiner(s)

Assoc Prof David Lindsay Researcher ProfileResearcher Profile (http://monash.edu/research/people/profiles/profile.html?sid=2838&pid=3303)