LAW4690 - Human rights and migration in comparative perspective - 2019

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

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



Unit guides



  • Trimester 2 2019 (On-campus)


For students who commenced their LLB course prior to 2015:

LAW1101 Introduction to legal reasoning

LAW1104 Research and writing

For students enrolled in the LLB (Honours) course from 2015 onwards:

LAW1111 Foundations of law

LAW1112 Public law and statutory interpretation

LAW1113 Torts

LAW1114 Criminal law 1

LAW2101 Contract A

LAW2102 Contract B

LAW2111 Constitutional law

LAW2112 Property A

LAW3111 Equity

LAW3112 Corporations law


This unit focuses on the human rights dimensions of migration from an international and comparative perspective. The international movement of people poses one of the greatest challenges to the existing regime of international human rights. The unit examines human rights obligations in relation to migration and the obstacles to realising human rights in the context of global mobility. Case law of the Human Rights Committee, the InterAmerican Court and the European Court of Human Rights with regard to migration issues (e.g. family migration, border control) will serve as the starting point. The unit covers legal, theoretical and sociological insights related to migration and human rights. It examines the challenges involved in creating a human rights-based approach within current institutional and national frameworks governing migration.


On completion of this unit students will be able to:

  1. Demonstrate a sound understanding of the essential features of Human Rights Law in the international legal order and its relevance for migration;
  2. Communicate effectively both orally and in writing, on information, problems, concepts and theories in relation to migration and human rights from a comparative and international perspective;
  3. Critically assess the system of human rights protections operating within migration context including challenges in protecting and enforcing human rights conventions in the context of migration;
  4. Undertake research into and analyse judgments of the InterAmerican Court and the European Court of Human Rights and related secondary materials;
  5. Identify human rights issues in factual migration scenarios and use legal reasoning skills to develop arguments for appropriate legal responses to address migration issues;
  6. Conduct independent research on issues related to migration with reference to international human rights norms, based on knowledge of appropriate research principles and methods; and
  7. Reflect on and assess their own capabilities and performance, and make use of feedback on their classroom performance to support personal and professional development.


  1. Presenting in a moot court setting (10 minutes) 25%
  2. Research assignment 1250 words 25%
  3. Take home examination 2500 words 50%

Workload requirements

Students enrolled in this unit are expected to attend 36 contact hours of seminars over the duration of this semi-intensive unit. Students will be expected to do reading set for class, and to undertake approximately an additional 90 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.

See also Unit timetable information