This is a course on international and comparative human rights law. It is a course that aspires to consider ways in which we can all ‘do human rights law better’.

In this course students will be encouraged to think about international and comparative human rights law from first principles. The course classes and reading materials will encourage you to consider and reconsider many assumptions commonly made about human rights law, but also to answer this question: to what extent is human rights law consistent, predictable, internally coherent, and capable of acting as a guide to states, citizens, lawyers, officials, and judges?

In considering these questions, emphasis will be on examining examples of international human rights reasoning in fine detail, especially at the regional level. Students will be encouraged to read case extracts, and full cases, closely and critically. The extremely influential jurisprudence of the European Court of Human Rights will receive particular attention.

Criticism of the quality of legal reasoning in human rights documents/judgments will be encouraged, and it will not be assumed that broader, more expansive, legal protection of human rights is always a good thing.

Learning Outcomes

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

1. Explain, distinguish and apply core and advanced concepts and terminology of international and comparative human rights law as used in the key primary and secondary sources;
2. Design, implement and review a range of theoretical approaches to the primary and secondary source material;
3. Identify and critically examine in written and oral form a range of perspectives and values that are relevant to international and comparative human rights law;
4. Identify and use a range of research principles, methods and tools appropriate to respond to a complex question of international and comparative human rights law;
5. Explain and examine whether, and if so, to what extent, human rights law provides coherent predictable consistent guidance to states, courts, lawyers, officials, and citizens; and
6. Plan and execute a research project with independence in order to produce original scholarship on a particular identified area of human rights law.

Research-Led Teaching

In this course students will be encouraged to think about human rights law from first principles. The course classes and reading materials will encourage you to consider and reconsider many assumptions commonly made about human rights law, but also to answer this question: to what extent is the body of international human rights law consistent, predictable, internally coherent, and capable of acting as a guide to states, citizens, lawyers, officials, and judges? In so doing, the course is driven by A/Prof Goss' research on human rights law, and students are expected to frame independent research papers on the basis of this approach. Guidance will be provided on appropriate research techniques and methodologies. 

Recommended Resources

There is no prescribed textbook. Wattle and documents available on Wattle will provide extensive guidance on readings, and suggestions for textbooks to consult if appropriate.

Staff Feedback

Feedback in this course will take a variety of forms:

• In class, students will be provided with feedback on comments, arguments, and questions by the lecturer and (it is hoped) by their fellow students;
• After the Short Quiz and the Research Essay, students will be provided with general feedback about common strengths and weaknesses that appeared in the class’ work overall;
• After the Research Essay has been marked, students will also be provided with specific feedback about their own written work, with an emphasis on constructive feedback that may be used by the students to improve their performance in future written work as part of their studies in this course or other courses.

Please don’t let the dry mandatorily-bureaucratic language of these documents fool you: this is an exciting course about some fundamental legal questions, and it’s designed to be as interesting and thought-provoking as possible. NB that A/Prof Goss also teaches a second masters-level course, LAWS8247 Comparative Civil & Political Rights.

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: https://law.anu.edu.au/current-students/policies-procedures/grading

Further information about the course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Class introduction & framework, and comparativism	Intention is for this to be available, recorded and online by or before 26 January.
2	UN bodies & regional human rights institutions	Intention is for this to be available, recorded and online by or before 26 January.
3	The exceptions that prove the rule, and introducing proportionality	Intention is for this to be available, recorded and online by or before 26 January.
4	The right to life	Intention is for this to be Live and non-recorded on 2 February. Attendance via Zoom compulsory.
5	Torture and inhuman & degrading treatment or punishment	Intention is for this to be Live and non-recorded on 2 February. Attendance via Zoom compulsory.
6	Intro to freedom of expression	Intention is for this to be Live and non-recorded on 2 February. Attendance via Zoom compulsory.
7	Cultural relativism and the margin of appreciation	Intention is for this to be Live and non-recorded on 3 February. Attendance via Zoom compulsory.
8	ICHRL & gender	Intention is for this to be Live and non-recorded on 3 February. Attendance via Zoom compulsory.
9	Proportionality case law workshop exercise	Intention is for this to be Live and non-recorded on 3 February. Attendance via Zoom compulsory.
10	Intro to ESC rights	Intention is for this to be Live and non-recorded on 4 February. Attendance via Zoom compulsory.
11	Definitional workshop: thinking about deprivations of liberty	Intention is for this to be Live and non-recorded on 4 February. Attendance via Zoom compulsory.
12	SPCtHR workshop exercise	Intention is for this to be Live and non-recorded on 4 February. Attendance via Zoom compulsory.
13	IHRL in the domestic sphere	Intention is for this to be Live and non-recorded on 9 February. Attendance via Zoom compulsory.
14	Deep dive seminar(s)	Intention is for this to be Live and non-recorded on 9 February. Attendance via Zoom compulsory.
15	Research essay technique/ methods & course conclusion	Intention is for this to be available after class dates, either pre-recorded or live and recorded.

Tutorial Registration

N/A

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Short Quiz	30 %	15/02/2022	01/03/2022	1,4,5
Research Assignment	70 %	23/03/2022	15/04/2022	1,2,3,4,5,6

* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Academic Skills 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

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Assessment Task 1

Short Quiz

Nature of Task: Short online quiz

Weighting: 30%

Word limit: Answer length will vary according to the question, but the expectation is that each answer will be no longer than 450 words.

Release: The Quiz is available for completion from 5pm Wednesday 9 February 2022.

Due date: 5pm Tuesday 15 February 2022. Once you’ve logged into the quiz, you will have 90 minutes to complete it. The quiz will finish automatically after 90 minutes and any open attempts will automatically close and be submitted by 5pm Tuesday 15 February 2022 so please allow sufficient time to complete the quiz. Due to the nature of the task, late submission or extension is not permitted.

Estimated return date: 1 March 2022

Assessment Criteria:

a) Content

• answering the question asked
• identification of the legal issues raised from the questions
• legal principles states/explained with accuracy
• legal principles stated/explained in appropriate detail
• relevant facts recognised and linked to the legal principles
• recognition and evaluation of judicial and statutory ambiguities and
• originality/innovation in approach to issues
• clear conclusions

b) Structure/organisation

• emphasis on the significant issues
• answer is coherent and structure logical

c) Expression

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and
• spelling
• adherence to word limit, if such a limit has been set.

Assessment Task 2

Research Assignment

Weighting: 70%

Word limit: 4,250 words maximum

Release: A number of potential research assignment topics will be released by no later than Friday 4 February 2022. Students may elect to research a question from this list of topics, or may elect to adjust one of these topics and research that adjusted topic, or may elect to research a topic of their own. However, if a student elects to adjust one of the topics or to research a topic of their own, approval must be sought by email before Friday 18 February 2022.

Due date: 5pm, Wednesday 23 March 2022. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated return date: 15 April 2022

Assessment Criteria:

a) 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 on
• 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

b) Communication & Development of Argument

• clear theme or argument, ideally outlined at the beginning of the piece and running throughout
• arguments logical and well-organised in support of the clear theme or argument
• ideas/paragraphs linked coherently in support of the clear theme or argument

c) 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

d) Research

• research covering primary materials and relevant 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

e) Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of 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
• adherence to principles of academic honesty and academic integrity.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

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.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

Research Assignments may be returned by the ANU Law administrators by post or in person.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted 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.

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 Access 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