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.

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