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Unit of study_

LAWS6161: International Human Rights

Semester 1a, 2023 [Block mode] - Camperdown/Darlington, Sydney

This unit introduces students to the principles and practice of international human rights law - a field of public international law and policy of ever-expanding dimensions. It will introduce students to some key concepts, debates, documents and institutions in this field, while encouraging critical examination of these from a variety of angles. In summary, this unit considers the question: what happens when we regard a situation or predicament as one involving a breach of international human rights law - what possibilities and problems does this entail? Addressing this question, students in this unit will examine: (a) forums where international human rights law is being produced (international tribunals, domestic courts, multilateral bodies - including United Nations organs - regional agencies, non-governmental organisations, academic institutions, and the media); (b) settings where international human rights law is being deployed (in Australia and elsewhere); and (c) particular identities/subjects that international human rights law aspires to shape, regulate or secure. By the end of this unit, students should be able to formulate written and oral arguments by reference to key international human rights law instruments and principles; give strategic advice as to available avenues of recourse in international human rights law; and advance an informed critique of particular dimensions of international human rights law scholarship and practice, by reference to contemporary literature in this field. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Unit code LAWS6161
Academic unit Law
Credit points 6
Prohibitions
? 
GOVT6117
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Emily Crawford, emily.crawford@sydney.edu.au
Type Description Weight Due Length
Participation Class participation (Pass/Fail)
Participation
0% Ongoing n/a
Outcomes assessed: LO3 LO5
Assignment Assignment (40%)
Critical analysis of a primary document and problem question.
0% Week 07
Due date: 03 Apr 2023 at 16:00

Closing date: 26 Apr 2023
2000 words / 25 days
Outcomes assessed: LO1 LO3 LO4
Assignment Research essay outline (0%)
Essay abstract outline & reading list for essay/capstone essay (non-graded)
0% Week 08
Due date: 18 Apr 2023 at 16:00
2 - 4 pages (double-spaced)
Outcomes assessed: LO1 LO2 LO3 LO4
Assignment Research Essay (60%)
Essay
0% Week 12
Due date: 16 May 2023 at 16:00

Closing date: 06 Jun 2023
6000 words / 4 weeks
Outcomes assessed: LO1 LO2 LO3 LO4
Assignment [Option] Capstone Essay (100%)
Capstone Essay
0% Week 12
Due date: 16 May 2023 at 16:00

Closing date: 06 Jun 2023
8000 words / 4 weeks
Outcomes assessed: LO1 LO2 LO3 LO4

Assessment summary

1. Class participation (pass/fail)

For each session or topic one or more students will be ‘on call’, that is, they will be expected to have done the readings especially carefully and be prepared to answer questions about the readings and lead off discussion in class on one or more readings. Students will be assessed on their performance in their allocated session, as well as on their general participation throughout the unit of study, on a pass/fail basis. This task is designed to develop your critical reasoning and oral presentation skills (see learning outcomes 3 and 5). This will be ongoing. The outcome of a successful application for special consideration in this regard will result in a viva voce. 

2. Assignment (40%) analysis of primary document/problem-based question of maximum 2,000 words [the word count does not include citations or references to sources in footnotes, but does include discursive / explanatory material in footnotes]:  

The assignment will comprise two tasks: (a) summarising and critically analysing a primary document such as a decision or judgment of a court or other adjudicative or regulatory body, a report or a regulatory instrument and (b) answering a problem question based on a real-life or hypothetical situation which you will be asked to analysis in light of the applicable international human rights law. The purpose of the assignment is to develop your ability to engage with primary materials from a human rights perspective and to apply international human rights law norms to specific factual situations. 

The assignment will be made available on the Canvas site after the second class, that is on Wednesday, 8 March 2023 at 9 am (Sydney, Australia time), and is due by Monday, 3 April 2023 at 4pm (Sydney, Australia time). The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator. 

The assignment should be entirely your own work and you should not discuss it with anyone else. The use of AI programs in the preparation of this assignment is not permitted. 

3. Research essay outline and reading list (Non-graded) (0%)

You may choose any topic connected with international human rights for your essay. I will circulate some suggestions for topics at the start of the course, but you are entirely free to choose one of your own. However, all topics must be approved by me, including if you have chosen one of the suggested topics. If you are proposing your own topic, please contact me with a draft title and abstract before proceeding.

To assist you in preparing for your essay or capstone essay (see below) you are required to submit a draft essay outline of between 2 and 4 pages (double-spaced) by no later than Tuesday, 18 April 2023 at 4pm (Sydney, Australia time).

The outline should include an abstract of about 200 words setting out your research question, hypothesis or argument; the proposed structure of your essay, and a list of the sources you have consulted and/or propose to consult. This task is designed to assist you with preparation for your essay/capstone essay, which is designed to develop your ability to formulate, and conduct independent research into, a question of potential significance for international human rights law and to present the arguments developed in light of that research in written form (see learning outcomes 1 - 4).

4.   Research essay (60%) of maximum 6,000 words [the word count does not include your bibliography nor does it include citations or references to sources in footnotes, but it does include discursive / explanatory material in footnotes]: 

If you are proposing your own essay topic, please contact me with a draft title and abstract before proceeding – the earlier the better. As noted above, all students, including those who selected one of the suggested topics, must submit an essay outline of between 2 and 4 pages (double-spaced) by no later than Tuesday, 18 April 2023 at 4pm (Sydney, Australia time), for feedback and preliminary advice. The final essay is to be submitted by no later than Wednesday, 17 May 2023 at 4pm (Sydney, Australia time). The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator. This assessment task is designed to develop your ability to formulate, and conduct independent research into, a question of potential significance for international human rights law and to present the arguments developed in light of that research in written form (see learning outcomes 1 - 4).

The essay should be entirely your own work and you should not discuss it with anyone else. The use of AI programs in the preparation of your essay is not permitted. The use of editors (including proof-readers) is not permitted in the preparation of your essay.

[4. Optional] Capstone Essay (100%) - of maximum 8,000 words [the word count does not include your bibliography nor does it include citations or references to sources in footnotes, but it does include discursive / explanatory material in footnotes]: 

LLM students who are undertaking this unit towards the end of their degree, and need a capstone experience to complete their degree, may apply to the unit coordinator to undertake the assessment option of a capstone essay. The same conditions apply as described in the essay description above with the exception of the word count being increased to a maximum of 8,000 words and the weighting for the capstone essay will be 100% of your mark for the unit. Thus you must submit your topic for approval, as well as submit an essay plan/outline as detailed under ‘3. Research essay outline and reading list’ above.

The Capstone essay is to be submitted no later than Wednesday, 17 May 2023 at 4pm (Sydney, Australia time). The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator.

The essay should be entirely your own work and you should not discuss it with anyone else. The use of AI programs in the preparation of your essay is not permitted. The use of editors (including proof-readers) is not permitted in the preparation of your essay.

Penalty for exceeding the word limit: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).

Assessment requirement to pass a unit of study: In order to obtain a Pass mark and grade, a student must make a genuine attempt at all assessment tasks set out in this Unit of Study or above, including those that are non-graded); otherwise, an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

• Completely answers the question.
• Contains striking originality of approach or analysis.
• Demonstrates exhaustive or innovative research (where independent research
required).
• Exceptionally well written, structured and expressed.
• Is otherwise exceptional in some way.

Distinction

75 - 84

• Completely answers the question.
• Achieves a critical and evaluative approach to the issues.
• Content and structure is well organised in support of the argument.
• Demonstrates extensive research and analysis to support a well-documented
argument.
• Generally well expressed and free from errors.
• Has a clear structure and is well articulated.

Credit

65 - 74

• Covers main issues fairly well in answering the question.
• Contains no significant errors
• Demonstrates an attempted critical approach to the issues.
• Demonstrates reasonably sound research and analysis in addressing the key issues.
• Has a clear structure and reasonably clear expression.

Pass

50 - 64

• Identifies the key issues, but does not follow through with a reasoned argument.
• Contains some significant errors.
• Displays satisfactory engagement with the key issues.
• Offers descriptive summary of material relevant to the question.
• Superficial use of material, and may display a tendency to paraphrase.
• Demonstrates little evidence of in-depth research or analysis.
• Adequate expression.
• Overall, demonstrates the minimum level of competence in the assessment and
satisfies the requirements to proceed to higher-level studies in the degree or subject
area.

Fail

0 - 49

• Does not answer the question.
• Contains significant or numerous errors.
• Few or no identifiable arguments.
• Content that is inappropriate or irrelevant.
• Lack of research or analysis.
• Difficult or impossible to understand through poor grammar, expression or
structure.
• Overall, does not demonstrate the minimum level of competence in the
assessment.

For more information see sydney.edu.au/students/guide-to-grades

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after 4pm but by 11.59pm on the due date will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. A submission on the following day after midnight will attract a 30% penalty, and so on. Canvas allows students to submit after the deadline, but all submissions after the due date and time will be recorded as late. The date and time of submission as recorded by Canvas is taken as the official and final record of a student's submission.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Ongoing DAY 1: Introductions and overview of the course; Human rights: concepts, histories and contestations; Human rights as international law; International human rights instruments Seminar (7 hr) LO1 LO2 LO3 LO4 LO5
DAY 2: International human rights mechanisms; Regional and subregional human rights systems; National protection of human rights Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5
DAY 3: Case study 1: Interpreting, limiting and balancing rights: lessons from COVID-19; Case study 2: Right to equality and non-discrimination: sex, gender and intersectionality; Case study 3: Right to an adequate standard of living Seminar (7 hr) LO1 LO2 LO3 LO4 LO5
DAY 4: Case study 4: Human rights of older persons; Case study 5: Human rights and climate change; Human rights actors/current developments; Researching human rights; Conclusion Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

The readings will be available in a Reading Guide that will be posted on Canvas.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. formulate, articulate and substantiate written and oral arguments using key international human rights law and principles, in relation to a range of scenarios and issues
  • LO2. develop and deploy an independent sense of the potential promise and pitfalls of international human rights law by reference to contemporary literature in this field
  • LO3. strive to comprehend and respond constructively to legal and policy arguments
  • LO4. explain and critique particular dimensions of international human rights law scholarship and practice by reference to contemporary literature in this field
  • LO5. develop or enhance oral presentation and discussion skills through active participation in class

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Apart from necessary seasonal changes and topic updates, no changes have been made since the unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.