LAWPUBL 754 Special Topic: Comparative Human Rights Law - Course Outlines

Course Prescription

No prescription

Course Overview

The course focuses on key issues in human rights law, and the way in which they are debated and resolved across the common law world. It also looks at the law on human rights decided in the international tribunals (particularly the European Court of Human Rights and the Human Rights Committee under the International Covenant on Civil and Political Rights).

The focus is on common law countries – the United Kingdom, the United States and Canada, Australia, New Zealand, and Pacific states, as well as South Africa. The course will explore a series of modern controversies around:

A. Liberty – how far can the state go in reaching into areas of personal liberty such as reproductive choices (abortions, contraception), lifestyle choices (diet, travel, smoking and other “vices”), family choices (child-raising), sexual preferences and so on?

We look at the way in which fundamental liberties are treated in the legal systems we are studying and whether and how they are protected by the New Zealand Bill of Rights Act 1990.

B. Fundamental freedoms – conscience, thought, expression and association

Here we look in particular at modern controversies over banning speech – such as hate speech or obscene speech. The rise of social media and the law’s response to this across the jurisdictions will be considered. Speech restrictions on university campuses and in employment (especially in the spare time of employees and on social media) are also considered.

C. Freedom of religion and belief

The relation between religion and the state, or “establishment of religion”, and the individual free exercise of religious belief (or “freedom of religion”) are considered. When, if ever, can a person seek an exemption from the law of the land to facilitate their religious practice or belief? Particular attention is paid to the clash between religious belief and associated practice, on the one hand, with the demands of anti-discrimination law on the other. Issues such as these are arising increasingly across the common law world.

D. Equality and anti-discrimination

We look at the principles employed around the common law world to decide when and why there is unlawful discrimination, and when special treatment can be justified to promote equality. The interaction of these principles with the existence of indigenous peoples in many of the states will also be considered.

E. Social and economic rights and rising inequality

We look at the extent to which rights to certain standards of living can be found in modern human rights law. Are they rights of the same type as are found in bills of rights and can they be protected by courts? What of rights to survival threatened by climate change, especially say in the north of Canada or Alaska or the Pacific?

F. Rights methodology

Woven through all the discussions of the cases and controversies are generic questions about the role of courts, of politicians and policies, and the interaction if statutory interpretation principles with the moral claims of human rights law. That is, in countries like New Zealand where the courts do not “strike down” legislation passed by parliament, how much can still be attained by interpreting Parliament’s words in a rights-consistent manner?

Syllabus

The course is taught through class discussions and debates generated by key readings on each of the above topics. At all times we are interested in how the issues we discuss ought to be resolved under New Zealand law but with an eye to the insights generated by comparative law. Issues arising out of the current pandemic will receive attention throughout.

Course Requirements

No pre-requisites or restrictions

Learning Outcomes

By the end of this course, students will be able to:

Be able to appreciate the heritage of human rights law and how, in common law nations, it developed out of the approach taken in English law for respecting rights, and protecting them in legal doctrine if not statutes and bills of rights; understand the development of the United States Bill of Rights and the role it plays today (and the different roles it has had in the past); (Capability 1.1, 1.2, 2.1, 2.2, 6.2 and 6.3)
Be able to appreciate the modern human rights movement that began with the UN instruments, and which in Canada, Australia, the United Kingdom and New Zealand have led to reforms that set rights out in new constitutions or statutes; appreciate the similarities and differences between statutory bills of rights and constitutional rights; (Capability 1.1, 1.2, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 5.1 and 5.2)
Demonstrate understanding of the role of bills of rights and legal principles in a range of controversies surrounding matters such as abortion, euthanasia, hate speech, obscenity, matters of sexual liberty and identification, religious freedom and equality, and social and economic rights (Capability 3.1, 3.2, 4.1, 4.2, 5.1, 5.2, 6.2 and 6.3)
Demonstrate an understanding of the legal technique and argument involved in human rights cases internationally, and which of these are especially relevant to New Zealand; (Capability 2.1, 2.2, 2.3, 5.1 and 5.2)
Demonstrate an understanding of of the idea of proportionality (between the objective of law and its deleterious impact on human rights and how that idea is often critical in deciding whether a right is unreasonably limited (as opposed to being a permitted “reasonable limit”), and be able to recognize this same idea across jurisdictions even if expressed in different ways. (Capability 1.1, 1.2, 2.2 and 2.3)
Communicate relevant points of view and legal arguments in human rights cases (Capability 1.1, 1.2, 4.1 and 4.2)

Assessments

Assessment Type	Percentage	Classification
Research Paper on approved topic	90%	Individual Coursework
Class participation	10%	Individual Coursework
2 types	100%

Assessment Type	Learning Outcome Addressed
	1	2	3	4	5	6
Research Paper on approved topic
Class participation

Workload Expectations

This is an intensive 30-point course taught over 5 working days. There will be around 40 hours of lectures in this course. As a general guide, you should expect a workload of four hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 200 hours.

Delivery Mode

Campus Experience

Attendance is expected over the five day intensive and the class proceeds with student presentations and discussions in a seminar style. The classes will include breakout discussions in groups (one or two each day). Because the course is designed to be participatory, it depends upon students being personally present and contributing. The discussions will often go in interesting directions precisely because of the contributions of the class.

The normal expectation is that students will select their research topic during the course, based on particular aspects of the course that they find especially interesting and wish to pursue.

The classes will be available as recordings. It may be that the breakout discussions will not be recorded but efforts will be made to record one group whenever there are breakout sessions. Listening to the recordings is not a wholly effective substitute for being there, as the class depends upon people being there,

The course will not include live online events.

Of course, all this might change if the University moves to on-line teaching on account of the pandemic, in which case the class will be entirely on-line. The last two iterations of this course have been on-line and they have worked well - again, on the basis that all are present on line throughout.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Capability 1:	Disciplinary Knowledge and Practice
Capability 2:	Critical Thinking
Capability 3:	Solution Seeking
Capability 4:	Communication and Engagement
Capability 5:	Independence and Integrity
Capability 6:	Social and Environmental Responsibilities

LAWPUBL 754 : Special Topic: Comparative Human Rights Law

Law

2022 Semester Two (1225) (30 POINTS)