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ANU Law School · ANU College of Law, Governance and Policy
Comparative Human Rights is an exciting course focusing on ways in which domestic and international courts around the world have grappled with some of the most pressing contemporary human rights law issues. With a case-law-driven approach, this course links human rights theory with doctrinal debates, lawyers’ arguments, and detailed analysis of judges’ decisions. In so doing we use the case law to explore many of the most exciting battles over human rights law, its strengths and weaknesses, and look at the many ways in which human rights law interacts with politics and the broader world. It is an enthralling and cutting-edge area to be thinking about, and reflects the University's longstanding strengths in public law, international law, and law reform and social justice. This course allows students to develop intellectual and professional skills in human rights law, but also much more generally applicable skills of legal analysis and legal argument. The course also involves an exploration of the comparative method itself and the ways in which it may (or may not) help us better understand human rights challenges at home and around the world. Students will be encouraged to think about human rights law from first principles, in the context of ‘deep dives’ into a number of cutting edge areas of considerable controversy (including, as possible examples, freedom of speech, reproductive freedoms, capital punishment, and the rights of prisoners to vote). Case law and primary sources are the focus. In undertaking these deep dives, the course classes and reading materials will encourage students to consider and reconsider many assumptions commonly made about human rights law. Our emphasis will be on examining examples of human rights reasoning in judgments, in detail. Students will be encouraged to read cases and primary sources closely and critically, and to build on skills and knowledge from the classroom in their research papers. Criticism of the quality of legal reasoning in human rights documents/judgments will not be discouraged, and it will not always be assumed that broader, more expansive, legal protection of human rights is always a good thing.
The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the class summary and on the course WATTLE page.
Learning outcomes 1, 2, 3, 4, 5
- Classes offered in non-standard sessions will be taught semi-intensively with compulsory contact hours of approximately 26 hours of face to face teaching. The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. - Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours Other Information NA
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when finalised. Preliminary Reading Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course.