LCRG103- week 1

Introduction

• Class Introduction

  • Welcome to the class from Bill Swanee, the national lecturer in charge for the unit Legal Institutions and Human Rights.

  • The unit serves as a foundation for the Bachelor of Human Rights course, which includes students from various disciplines.

  • Encouragement for students to turn on their cameras for better engagement.

Course Overview

• Course Structure

  • Designed for the Bachelor of Human Rights but also open to law students as an elective.

  • Focuses on international law, especially institutions related to human rights.

  • Explains the structure of the course and informs that it is not entirely centered around domestic law.

• Key Concepts Covered

  • International law and UN institutions play a major role in the course.

  • Discussion of state and territory law concerning human rights.

  • Focus on policy and sources of law beyond just legislation and case law.

Instructor Background

• Instructor Information

  • Bill Swanee is a lawyer with experience and has been teaching for approximately 12 years.

  • Based at the Melbourne campus of ACU and involved in developing the Bachelor of Human Rights course.

  • Coordinates law units in the course while collaborating with faculties of arts, education, and philosophy.

Class Format

• Online Learning Structure

  • Recorded lectures available on Canvas to review at students' convenience under the module section.

  • Weekly tutorials held via Zoom, flexible attendance is allowed; students can switch between the 10:00 and 12:00 sessions as needed.

  • Importance of attending tutorials to foster dialogue and understanding of unit material.

• Reading Materials

  • Light reading has been assigned for each session, which may include journal articles, websites, or video clips.

  • Readings are expected to be done before attending tutorials.

Census Date

• Importance of Census Date

  • Last chance for students to withdraw from the subject without financial or academic penalty.

  • Upcoming census date: March 31.

  • Purpose is to remind students to be conscious of this date, especially if considering withdrawal due to unforeseen circumstances.

Communication

• Student Communication Guidelines

  • Students must check their ACU email regularly for direct communication from the instructor.

  • Contact preferred through ACU email for security and verification reasons.

  • Daily checks of announcements on Canvas for updates.

Assessment Overview

• Assessment Structure

  • Class does not include traditional examination but has three assessment components:

    • Multiple-choice quiz

    • Case study analysis

    • Extended case study analysis

  • Details on assessments can be found under the 'assignments' tab on Canvas.

• Quiz Details

  • Scheduled for March 27-28; open for 48 hours with a 30-minute time limit.

  • Open book format, meaning students can reference materials during the quiz.

  • Understanding comes from required readings and participation in discussions.

  • Immediate feedback will be given to students upon completion.

• Case Study Analysis

  • Students are expected to analyze a human rights case study related to a legal institution.

  • Must follow APA 7 referencing style, especially for law students.

  • Encouragement to seek assistance from library resources for guidance on APA referencing.

Discussion on Human Rights

• Human Rights Understanding

  • Human rights linked to dignity, autonomy, and equality inherent to all individuals.

  • Examines the relationship between individuals and the state in protecting rights.

  • Universal Declaration of Human Rights as a significant document outlining these rights.

• National vs. International Human Rights

  • Discussion of the absence of a national charter for human rights in Australia, contrasting it with countries like the USA.

  • Highlights existing human rights legislation in only three Australian jurisdictions: Victoria, ACT, and Queensland.

• International Law

  • Defined as the set of rules that govern relations between states.

  • Importance of sovereignty in international law, highlighting tensions between sovereignty and human rights obligations.

Human Rights Case Study: Ternan Case

• Ternan Case Overview

  • Involves Tasmanian laws criminalizing homosexuality and the subsequent human rights complaint.

  • Complaint focused on violation of rights under Article 17 of the ICCPR (International Covenant on Civil and Political Rights).

  • Outcomes include favorable decisions from both the UN Human Rights Committee and the Australian Government to repeal discriminatory laws.

• Legal Concepts

  • Discussion of jurisdiction and its implications for legal institutions.

  • Differentiation between various institutions and their jurisdictions, including the Australian Human Rights Commission.

  • Explanation of the importance of reasonableness in assessing the lawfulness of interferences with privacy through the lens of human rights.

Conclusion and Next Steps

• Encouragement of Engagement

  • Discussion of future classes, encouraging students to contemplate assignments and engage with upcoming topics.

  • Invitation for further questions and support in identifying case studies for assessments.

  • Emphasis on the ongoing nature of discussions surrounding human rights in future classes.