Human Rights Law in Australia

The course examines the extent to which and how international human rights standards are present in, or affect, Australian law. The course considers history, philosophy and theories of human rights. It discusses the absence of - and analyses the need for - national human rights legislation in Australia, and reviews where and how human rights are found in Australian law. This involves considering legislative, executive and judicial action in all jurisdictions, ranging from a National Human Rights Action Plan and the powers of the Australian Human Rights Commission, to human rights legislation in the ACT and Victoria and nationwide anti-discrimination laws. Particular attention will be paid to various actors such as NGOs and public interest lawyers. After a thorough examination of 'domestic' human rights, the course looks at the way Australia engages with the international system of human rights, where its conduct is subjec to scrutiny by UN committees. The course will focus on the human rights of certain groups of people whose human rights are vulnerable in Australia, and will analyse case studies. The course will feature at least one practical exercise inviting students to engage in human rights action as means of better understanding the material.