LAW5651 - Human rights and migration in comparative perspective - 2019

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.



Chief examiner(s)


Unit guides



  • Trimester 2 2019 (On-campus)




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. Explain 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 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. Presentation in a moot court-setting: 25%
  2. One research assignment (1875 words): 25%
  3. One take-home examination (3,750 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.