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LAW3405 Human Rights and Anti-Discrimination Law

Interim Trimester 3, 2023 Online
Units : 1
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Course Coordinator:

Requisites

Pre-requisite: LAW1111 and LAW1121 and (LAW1115 or HIS1115 or LAW1114)

Overview

This course is designed to develop students’ knowledge of human rights and anti-discrimination law in federal and Queensland jurisdictions. The course encourages students to apply critical thinking skills to evaluate complex legal problems and identify solutions drawn from relevant federal and Queensland legislation and case law, informed by international human rights law and developments. This is an elective Law course and completion of the course is not required for admission as a legal practitioner.

This is a course on international human rights law and Australian human rights and anti-discrimination law. Students will examine international human rights treaties, institutions and procedures and the incorporation of Australia's human rights obligations into domestic law, before turning to Commonwealth and Queensland human rights and anti-discrimination legislation. Students will review the human rights protected under the Human Rights Act 2019 (Qld) and procedures to protect those rights, including public entity obligations. The course will cover grounds and procedures for lodging complaints about a human rights breach or unlawful discrimination, noting the functions of the Australian Human Rights Commission, Federal Courts, the Queensland Human Rights Commission and the Queensland Civil and Administrative Tribunal.

This course is designed to equip students with the necessary skills and knowledge to recognise when a human rights breach or unlawful discrimination has occurred, understand the relevant laws and procedures and identify appropriate remedies.

Course learning outcomes

On successful completion of this course, students should be able to:

  1. Demonstrate an understanding [explain and apply] of a coherent body of knowledge [relevant to human rights and anti-discrimination law], and underlying principles and concepts [including political and social contexts]; and the broader contexts within which legal issues arise [in this area] (PO1/TLO1).
  2. Identify and articulate legal issues [relevant to human rights and anti-discrimination law]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives; and think creatively in approaching legal issues and generating appropriate responses (PO3/TLO3).
  3. Demonstrate the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [relevant to human rights and anti-discrimination law] (PO4/TLO4).
  4. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
  5. Identify applicable legislation and delegated legislation, explain general principles of statutory interpretation, understand [explain and apply] and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretative problems [including problems raising special interpretative issues; and give a reasoned opinion as to the appropriate meaning of a legislative provision, and as to the correct application of the provision to a given set of facts] (PO7).

Topics

Description Weighting(%)
1. International human rights law: international organisations, treaties, complaint-handling procedures and protections; emerging human rights 10.00
2. The relationship between international and domestic law; human rights in Australian law 10.00
3. Human rights law in Queensland 20.00
4. Protected attributes and exceptions under anti-discrimination law 30.00
5. Areas of unlawful discrimination 10.00
6. Sexual harassment and anti-vilification 10.00
7. Complaint-handling procedures and remedies 10.00

Text and materials required to be purchased or accessed

Rees, N, Rice, S & Allen, D 2018, Australian anti-discrimination law and equal opportunity law, 3rd edn, Federation Press, Leichhardt, New South Wales.
Legislation: ‘Age Discrimination Act 2004’ (Cth); ‘Australian Human Rights Commission Act 1986’ (Cth); ‘Disability Discrimination Act 1992’ (Cth); ‘Racial Discrimination Act 1975’ (Cth); ‘Sex Discrimination Act 1984’ (Cth); Human Rights Act 2019 (Qld) and ‘Anti-Discrimination Act 1991’ (Qld).
Treaties (available online at www.ohchr.org or www.un.org): ‘Universal Declaration of Human Rights’, 10 December 1948, UNGA Res 217A (III); ‘International Convention on the Elimination of all Forms of Racial Discrimination’, opened for signature 7 March 1966, 660 UNTS 195 (entered into force 4 January 1969); ‘International Covenant on Civil and Political Rights’, opened for signature 19 December 1966, 999 UNTS 171 (entered into force 23 March 1976); ‘Optional Protocol to the International Covenant on Civil and Political Rights’, opened for signature 19 December 1966, 999 UNTS 302 (entered into force 23 March 1976); ‘International Covenant on Economic, Social and Cultural Rights’, opened for signature 19 December 1966, 993 UNTS 3 (entered into force 3 January 1976); ‘Convention on the Elimination of all Forms of Discrimination Against Women’, opened for signature 18 December 1979, 1249 UNTS 13 (entered into force 3 September 1981).

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Written Essay No 40 1,2,3,4,5
Assignments Written Quiz 1 No 50 1,2,3,4,5
Assignments Written Quiz 2 No 10 1,2,3
Date printed 9 February 2024