This course examines Human Rights Litigation in relation to the following topics:

•    Review of human rights legislation (Federal, ACT and Victoria)
•    Examination and analysis of Human Rights Remedies
•    Human rights litigation procedures and claims
•    Pleadings aspects in human rights matters
•    Current developments in human rights litigation
•    Prospects for further development in remedies
•    The ACT Human Rights experience
•    A possible Commonwealth Human Rights Act
•    Preparing and proving human rights claims
•    Enforcing human rights in Australia
•    Human Rights and the United Nations - the Australian experience
•    Some international aspects of human rights, particularly in the United Nations and the European Court of Human Rights.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Explain, assess and evaluate the trends in human rights litigation both within Australia and within an international context.
2. Explain the content of specific human rights as applied by domestic and international courts and identify issues relating to the enforcement of those rights.
3. Analyse critically the issues of principle and procedure that arise in human rights litigation.
4. Identify arguments in a complex human rights problem.
5. Participate in a moot style process or prepare a detailed written argumentative submission in a litigious context related to human rights.

Research-Led Teaching

The learning objectives, content and assessment scheme for this course will develop a student’s skills in various aspects of research methodology, including advanced use of electronic databases and exhaustive legal research strategies. Dr Tully has previously supervised postgraduate law students undertaking research degrees. This particular course emphasizes the independent acquisition, understanding and analysis of multiple primary materials from national and international sources as well as a thorough appreciation of their interaction.

Required Resources

N/A

Recommended Resources

There is no prescribed text for this course. Each week the course will be covering different issues, and there are a range of cases, reports and book chapters to read. Topics covered by the course include:

• A background to human rights and the place of international law in Australian courts
• The ACT human rights experience and Human Rights Act
• consideration of the Human Rights Act 2019 (Qld)
• A possible Commonwealth Human Rights Act and the Victorian Charter
• Preparing and proving human rights claims
• Enforcing human rights in Australia before Australian courts
• Human Rights and the United Nations – the Australian experience
• International aspects of human rights litigation, particularly in the United Nations and the European Court of Human Rights

Significant cases, chapters and links will be posted online for you to access. Further research and reading will be essential for successful completion of the course.

Key instruments as preliminary reading are:

• The Universal Declaration of Human Rights (GA Resolution 217A),
• The International Covenant on Civil & Political Rights 1966 (1967) 61 AJIL 870 (ICCPR);
• The Human Rights Act (ACT)
• The Charter of Human Rights Human Rights and Responsibilities (Vic)
• The Human Rights Act 2019 (Qld)
• The European Convention on Human Rights
• Momcilovic v R [2011] HCA 34 and available on WATTLE

Staff Feedback

You will be given written and/or oral feedback pointing out things that have been done well and those that could be done better or differently. You will be given written or oral feedback following any submission of an assessment. This is typically available 1-4 weeks after submission of the assessment. You may seek further elaboration on any feedback - either from your marker or by the Convenor. If you feel that your feedback and grade does not reflect your performance, please contact the Convenor in writing and outline your concerns. Your submission will be re-marked by a new examiner.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

External Resources

Information about the ANU Law Library, including details of E-Legal research online resources (for example, CCH Intelliconnect, Legal Online, LexisNexisAU, etc) is available to ANU students and can be found at http://anulib.anu.edu.au/subjects/law. For access to the online resources please go to: http://virtual.anu.edu.au then type in your student number and password. At various points throughout the course you will be directed to other useful external resources.

Referencing Requirements

Where required, students must use footnotes for referencing and the Australian Guide to Legal Citation (http://www.law.unimelb.edu.au/mulr/aglc) for the citation style. 

Word Limits

The method of calculation of word length for assessment pieces in this course is a global word count. This means that when calculating the number of words of a piece of assessment students must include all headings, text, and footnotes (excluding bibliography). Students should calculate this using Microsoft Word’s word count function or equivalent. The default penalty is as follows: the mark which is awarded initially will be reduced by half the proportion by which the word limit has been exceeded. As an example, if the word limit is 2,000 words, and the essay submitted is 3,000 words long, then the initial mark for the essay would be reduced by 25% of that mark.

Papers which fall short of words will not be penalised on that basis alone. However, short papers risk failing to address the question adequately.

ANU Library

All enrolled ANU students can access the ANU databases (including the full-text databases such as Westlaw) through the ANU Library webpage http://anulib.anu.edu.au/lib_home.html

Opening hours for the Law Library can be accessed at http://anulib.anu.edu.au/using-the-library/opening-hours/.

To access restricted ANU web pages from home as though coming from a computer on campus you need the Reverse Proxy Server known as ‘Virtual’. You can access virtual through http://virtual.anu.edu.au/login.

Students living near another law school may need to access print resources from their local school. ANU students can use these collections through the University Library Australia national borrowing scheme. The scheme allows people who are enrolled at a university in one city to access university libraries in another city at a reduced rate. For further information see http://www.caul.edu.au/caul-programs/university-library-australia.

Students who wish to participate in this scheme need to join at the library they wish to access material from. The cost of the scheme is $50 per academic year.

The ANU document delivery service is available for remotely located students in non-capital cities. For further information see https://anulib.anu.edu.au/using-the-library/document-supply-services/.

The ANU Library Off-Campus Service is available to students who live more than 60 kilometres from the ANU campus at Acton, ACT. Before using the service for the first time, you will need to complete the online User Agreement Form. You will then be able to request a book, table of contents, chapter or article using the request forms on the Off-Campus Service web pages. For further information see http://anulib.anu.edu.au/offcampus/.

 

Sub-Dean, GDLP/MLP

The GDLP/MLP Sub-Dean can be contacted via email on subdean.slp@anu.edu.au

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to human rights – background and definition	Assessment Taks 4 draft outline released
2	International human rights standards	Assessment Task 1 Forum Topic post 1 released: Monday, 29 July 2019
3	The human rights law framework in Australia
4	Human rights and the Australian Constitution	Assessment Task 1 Forum Topic post 1 due: Monday, 12 August 2019 by 4.00pm (AEST)
5	Bills of Rights	Assessment Task 1 Forum Topic post 2 released: Monday, 19 August 2019 Assessment Task 3 topic released: Monday, 19 August 2019
6	The Human Rights Act 2004 (ACT)	Assessment Task 1 Forum Topic post 2 due: Monday, 2 September 2019 by 4.00pm (AEST) during mid-semester break Assessment 4 Essay draft outline due: Monday, 2 September 2019 Assessment Task 1 Forum Topic post 3 released: Monday 9 September 2019 during mid-semester break Assessment Task 3 Oral Hearing Moot Times available: Monday, 9 September 2019 during mid-semester break
7	The Charter of Human Rights and Responsibilities Act 2006 (Vic) and the Human Rights Act 2019 (Qld)	Assessment Task 2 due: Monday, 16 September 2019 by 4.00pm (AEST) Assessment Task 4 approval of topic no later than: Monday, 16 September 2019
8	Regional human rights systems	Assessment Task 1 Forum Topic post 3 due: Monday, 23 September 2019 by 4.00pm (AEST) Assessment Task 3 Oral Hearing commencing: Monday, 23 September 2019 for a fortnight. The available times will be a mixture of pre-booked evenings, weekends and weekdays.
9	Conducting international human rights litigation	Assessment Task 1 Forum Topic post 4 released: Monday, 30 September 2019
10	Human rights mechanisms in Australia
11	Conducting human rights litigation in Australia – practice and procedure	Assessment Task 1 Forum Topic post 4 due: Monday, 14 October 2019 by 4.00pm (AEST)
12	Contemporary human rights issues before international and national courts and tribunals	Assessment Task 4 due: Friday 25, October 2019 by 4.00pm (AEST)

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Discussion Forum Topics	10 %	12/08/2019	28/10/2019	1,2,3
Written Outline of Argument	20 %	16/09/2019	07/10/2019	2,4,5
Oral Hearing “Moot”	20 %	23/09/2019	07/10/2019	2,4,5
Essay	50 %	25/10/2018	15/11/2019	1,2,3

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

You must check Wattle course announcements and forum discussions as well as your ANU email at least every 24-48 hours.

All email correspondence from the ANU will be sent to your ANU email address. You may arrange for your ANU Email to be forwarded to an email address you check daily.

Alternatively, set your personal setting to provide you with all the reminders you need to achieve this. At the end of the day, it is your responsibility to ensure you are actively committed and involved in this course.

The course will be conducted in the following time zones (Canberra time). 

Australian Eastern Standard Time (AEST): from 7 April 2019 to 6 October 2019.

Australian Eastern Daylight Time (AEDT): from 7 October 2019 to 5 April 2020.

Please make appropriate adjustments if you are located in a different time zone.

Assessment Task 1

Discussion Forum Topics

Format: A series of discussion topics will be released at four points during this 12 week course, intervals commencing at the beginning of week 3.

The goal is to encourage and facilitate discussion between members of the course, and with the Lecturer. Although you must only post the minimum of four contributions to complete your particular assessment requirements, we recommend and hope you will post more often. The intention is to stimulate discussion and the exchange of ideas. Improved understanding is benefitted by the ‘to and fro’ of debate. Much of the learning and enjoyment from a course such as this is drawing on different ideas and perspectives. The more collaborative you are, the more you will get out of the course. Your Lecturer may contribute to the discussions.

Topic Release Dates:

• Topic 1 - Monday, 29 July 2019
• Topic 2 - Monday, 19 August 2019
• Topic 3 - Monday, 9 September 2019 (during mid-semester break)
• Topic 4 - Monday, 30 September 2019

You will need to select and identify to the Lecturer your best ‘assessable’ posting.

Submission Dates:

• Topic 1 - Monday, 12 August 2019 by 4.00pm (AEST)
• Topic 1 - Monday, 2 September 2019 by 4.00pm (AEST)
• Topic 1 - Monday, 23 September 2019 by 4.00pm (AEST)
• Topic 1 - Monday, 14 October 2019 by 4.00pm (AEDT)

Please note: the due date listed in the Assessment Summary for Assignment 1, relates to the due date of Topic 1 only, for the remaining topics, please see information above.

Length: Each assessable posting should be no more than 500 words (plus footnoting/references).

Estimated Date of Results: The results for this assessment will be available on Wattle on or before Monday 28 October 2019.

Assessment Criteria:

The discussion posts will be assessed on the basis of:

• originality of thought
• evidence of understanding of the forum topic
• demonstrated ability to think critically about the material
• ability to express ideas and concepts clearly
• the level of contribution to debate
• the extent to which references are made to existing law and policy

Assessment Task 2

Written Outline of Argument

Format: Each participant will be required to submit a brief outline of their argument and list of authorities. These documents should be exchanged with any opponent in your moot. If you do not have an opponent, you must still submit the outline and list of authorities.

Submission Date: Monday, 16 September 2019 by 4pm (AEST).

Length: 1,500 words.

Estimated Date of Results: The results for this assessment will be available on Wattle on Monday, 7 October 2019.

Assessment Criteria:

The written outline of argument will be assessed on the following criteria:

• identification of the main issues of the problem
• clarity and strength of argument
• evidence of research and use of authorities and statutes
• identification of possible alternative arguments and possible responses

Assessment Task 3

Oral Hearing “Moot”

Format: The moot will be conducted along the lines a real hearing on an issue of human rights with an applicant and respondent. Each side will be given 20 minutes to argue their case. The moot will be conducted by the on-line moot courtroom link, or in case of technology difficulties, by telephone conference arranged by the Lecturer.

On Monday, 9 September 2019, a list of possible times for the hearings will be posted.

Approval of Topic: You will be given until Monday, 16 September 2019 to nominate and put your name on the list that will be on WATTLE. The topic will be released on Monday, 19 August 2019.

Submission Date: The hearing dates shall occur in the fortnight commencing on Monday 23 September 2019. The available times will be a mixture of evenings, weekends, and weekdays.

Length: Each side will be given 20 minutes to argue their case.

Estimated Date of Results: The results for this assessment will be available on Wattle on Monday, 7 October 2019.

Assessment Criteria:

It is important to note that you are not being assessed on the basis of being a professional advocate. The moot will be assessed on the following elements:

Preparation and understanding of the case / matter / material

• consulting and reading relevant materials in advance of the performance
• linking facts, law and propositions as relevant and appropriate for the case and the audience
• comprehensive understanding of the facts, matter, context and medium (e.g. court, tribunal, other hearing)
• undertaking original research to support case theory and argument
• Thinking critically about the case / matter / material
• looking at questions / facts / matter / theory from different angles
• questioning assumptions / facts / theory

Presentation performance

• expressing ideas clearly and logically
• use of appropriate language
• use of relevant supporting materials, i.e. documents, extracts (e.g. exhibits)

Engagement with the court / tribunal / hearing

• clear address and responses
• responding to questions from the bench clearly, coherently and relevantly
• treating the bench and opposing counsel respectfully and in accordance with expected professional decorum

Assessment Task 4

Essay

Format: Essay

Approval of Topic: The essay must relate to an aspect of human rights litigation (in other words, court or arbitration proceedings involving an issue of human

rights). Your topic may be on a question of procedure. The topic must not simply focus upon human rights, but must have some

link to litigation or dispute settlement as well. You must submit a draft outline of the intended essay by Monday, 2 September 2019 so that the topic can be reviewed and the Lecturer can work with you to ensure it is suitable for content and word length. The outline is not assessable, but it is compulsory to submit it. Your outline should indicate the general structure of the essay as well as a brief content description for each part and what you think the argument you will develop is (even if you do not say which side of the argument you will adopt).

Submission Date: Friday, 25 October 2019 4pm (AEDT).

Length: 5,000 words.

Estimated Date of Results: The results for this assessment will be available on Wattle on or before Friday 15 November 2019.

Assessment Criteria:

Understanding of the Issues

• addresses the question and covers all the important points
• evidence of close consideration of the question and the
• research materials drawn upon
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions

Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay

Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging to the reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography
• style according to Australian Guide to Legal Citation
• adherence to word limit

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You may be required to submit an assessment either through:

1. Wattle dropbox and Turnitin, or
2. Wattle dropbox only, or
3. Turnitin only.

Please read the instruction for each assessment carefully.

Where assessments are to be submitted using Turnitin in the course Wattle site, you will be required to electronically sign a declaration as part of the submission of your assessment.

Where assessments are to be submitted using Wattle dropbox in the course Wattle site, you will be required to electronically sign a declaration, by tick boxes, as part of the submission of your assessment. If you fail to do this, you assessment will be recorded as a draft only. This may affect its acceptance as a submitted assessment.

Please keep a copy of all your assessments for your records.

Assessments must be submitted in the format identified in the assessment instructions, for example, in accordance with relevant court or tribunal requirements; usual contract or will formats or advice format.

Research essays, reflective comments or similar documents must be submitted in 12-point font, double-spaced, formatted for A4-size paper, and with pages numbered.

Hardcopy Submission

No hard copy submission will be accepted in this class.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Extensions late submission and penalties - https://law.anu.edu.au/extensions-late-submission-and-penalties

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

Your written work will receive feedback and grading via the course Wattle site under the corresponding assessment drop box. Assessment results are typically available between 1-4 weeks after the due date via the same dropbox your assessments were submitted to. The Convenor will post announcements about when you can expect your assessment results.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students