Authorised by Academic Registrar, April 1996
Objectives Students completing this subject should (1) have a broad knowledge and understanding of international human rights enforcement mechanisms (including UN activity, universal treaties such as the International Covenants on Human Rights and regional treaties such as the European Convention on Human Rights) and be able to evaluate their effectiveness; (2) have a detailed knowledge of the content of various human rights such content being identified, inter alia, by reference to the case law of the UN Human Rights Committee and the European Court of Human Rights and (3) understand some of the philosophical bases of and problems with international human rights law. Students should be able to use such knowledge to identify and understand the implications of international human rights law for Australian domestic law and practice, as well as its relevance in international affairs.
Synopsis An introduction to the basic relevant concepts of general international law; a discussion of various theories behind and problems with the concept of `international human rights'; examination of international enforcement machinery with a close look at the Human Rights Committee and the European Court and Commission of Human Rights; a discussion of specific human rights (including, inter alia, freedom from torture, the principle of non-discrimination; economic, social and cultural rights, and the rights of asylum-seekers), as well as generally accepted limitations to human rights (eg derogation in time of emergency, limitations due to reasons of public order, national security). Finally, the impact of international human rights law on the Australian domestic scene will be discussed throughout the course.
Assessment Optional essay: 40% + Final examination: 60% or 100%