law, Rights & Social Justice<\/p>\n
Order Description<\/p>\n
Attachment<\/p>\n
SUBJECT DESCRIPTION
\nThis subject brings together a range of theoretical approaches to understanding law, rights and social
\njustice, with a focus on both the limits and the potentials of rights rhetoric in law and politics. The
\nsubject critically evaluates the role that law plays in promoting, protecting, hindering and violating
\nfundamental rights through an examination of both domestic and international laws. We consider a
\nrange of different but interrelated issues, including: Indigenous rights and self-determination; women
\nand girls in western and non-western worlds; poverty and homelessness; refugee rights; counterterrorism;
\ntorture; armed conflict, genocide, humanitarian intervention and transitional justice; and
\nenvironmental and animal rights.
\n4
\nThe subject is structured around a 2-hour lecture and a 1-hour tutorial discussion. This Subject
\nSyllabus (including reading list), weekly PowerPoint slides, hand-outs, assessment information and all
\nother relevant materials, are available via the LMS.
\nContacting Tutors\/Lecturers
\nAll students are welcome to contact their tutor\/lecturer\/subject coordinator for advice and assistance
\nthroughout the semester. Students can drop in without an appointment during the advertised
\nconsultation times (see details of these times above; this information is also posted on the office
\ndoor). You can alternatively make an appointment outside of consultation times. The best way to do
\nthis is to send an email to arrange an agreeable time to meet. Generally, student emails will be
\nresponded to within two working days, however, do not expect a response in the evenings,
\nweekends or public holidays.
\nStudents are strongly encouraged to seek help from the subject coordinator if undergoing personal
\ndifficulties. This is particularly important during the assessment period as there are penalties for
\nhanding in late work (see pp. 22-23). Please also note that you can only apply for an extension before
\nthe assessment deadline (unless there are exceptional circumstances).
\nREADING MATERIALS
\nIt is important that you keep up with your readings each week. We have tried to reduce the amount
\nof reading that you need to do on a weekly basis. Please note, that for some weeks, there is more
\nreading than other weeks due to the timing of the semester and the importance of the readings for
\nthe essays.
\nThe required readings are essential in this subject because:
\n The readings will assist assessment activities (you will be expected to engage with the required
\nreadings in all components of your assessment).
\n The readings will form the basis of tutorial discussion each week.
\n The weekly quizzes will test your understanding of the readings.
\n The readings will help you stay focused and engaged with the subject and may help in other
\nrelevant subjects.
\nYou must do the required readings prior to attending the lecture and tutorials each week.
\nThe reading material has been placed on e-reserve. This means you will either need to read the
\nmaterial online and\/or print the material yourself. The list of required readings can be found on pp. 9-
\n14. Please ensure that you check the page range that you are required to read (see list of required
\nreadings below). For example, sometimes in e-reserve an entire article or chapter will be available,
\nbut students will only be required to read parts of it. To locate these readings, please visit: the LMS
\npage for the subject, and on the right-had side ude Lia \u2018esoues ou ill e dieted to the
\nlist of readings for the semester. Please make sure you bring the readings with you to tutorials.
\n5
\nFurther Readings
\nStudents must go beyond the required readings in preparation for their assessment in this subject.
\nStudents can find their own articles, books etc through Google Scholar and\/or the library database
\nsystem.
\nUSING LMS
\nIt is essential that you log on to LMS regularly (i.e. at least once a week) because important
\ninformation related to this subject will be posted here, including messages, announcements,
\nassessment information, hand-outs, PowerPoint slides and other relevant materials. You will also do
\nyour weekly quizzes via the LMS site.
\nTo access:
\n1. Go to the La Trobe University home page at: https:\/\/monkessays.com\/write-my-essay\/latrobe.edu.au
\n2. \u201celet \u201ctudets at the top of the page
\n3. \u201celet LM\u201c fo eithe the \u201ctud tools setio to take ou to the login page
\nTo skip steps 1-3, simply click on: https:\/\/www.latrobe.edu.au\/lms\/login\/
\n4. Enter your user name and password
\n5. \u201celet use tpe: studets ad the lik logi
\n6. For user guides and help with LMS, please refer to:
\nhttps:\/\/monkessays.com\/write-my-essay\/latrobe.edu.au\/studentlmsinfo\/
\nGENERAL LEARNING OUTCOMES
\nStudents who complete the subject should:
\n Demonstrate a good understanding and application of the critical perspectives on rights
\n(quizzes; essay).
\n Demonstrate familiarity and understanding of domestic and international human rights law
\n(quizzes; essay).
\n Have awareness and understanding of contemporary debates on human rights and social
\njustice issues within domestic and international contexts (weekly reflections; quizzes; essay).
\n Demonstrate the capacity to think and write critically about rights and social justice from both
\na practical and theoretical perspective (weekly reflections; quizzes; essay).
\n Demonstrate the capacity to critically assess the efficacy of law for resolving rights issues,
\nparticularly in terms of whether law is an effective means of contributing to social justice and
\ninjustice (essay).
\n Be able to apply complex interdisciplinary approaches to understanding a case study or case
\nstudies (essay).
\n Show active engagement with issues on a weekly basis across the semester (weekly
\nreflections; quizzes).
\n Demonstrate good team-work and oral skills (tutorial\/lecture discussions).
\n6
\n Show improvement in writing, research and critical thinking skills (weekly reflections; essay
\n(including optional essay draft)).
\n Exhibit good administrative and organisational skills (e.g. meeting deadlines; attending
\nlectures and tutorials) (weekly reflections; quizzes; essay).
\n Develop research skills (e.g. in the use of library and online technologies) and the ability to
\nwork independently (weekly reflections; essay).
\n Show an appreciation of culture and diversity (tutorial\/lecture discussions; weekly reflections;
\nessay).
\nATTENDANCE AND PARTICIPATION
\nThis sujet is puposefull hads-o. I othe ods, it has ee desiged to aiise studet
\ninteraction, attendance and participation. Assessment is tied to both the lecture and tutorial
\nattendance, so it is critical to the success of the subject that students attend both the lecture and
\ntutorials on a weekly basis.
\nThere are a couple of key points to take note of:
\n(1) Lecture Attendance – While the lectures will be recorded each week, the recording will not be
\navailable on LMS until after the weekly quiz closes. You will therefore need to attend the lecture
\neach week (and do your readings) in order to be able to do the quiz. The weekly quizzes will need to
\nbe completed within 24 hours after the end of the lecture. The quiz will open at 9am on Wednesdays
\nand close at 9am on Thursdays. After this time, the answers to the quizzes will be available via LMS
\nand the lecture recordings will be available for download at this time. Please also note that only in
\nexceptional circumstances will quizzes be reopened for students. Documentation will be required in
\nthis situation as it is time-consuming reopening a quiz after it has closed.
\nAcross the semester there will be a total of 10 quizzes \u2013 these begin in Week 2 (on 5th August). Please
\nsee pp. 16-17 for more details. The quizzes will be based on the required readings and the lecture
\nmaterial so it is essential that you attend the lecture each week. Students will a lecture clash will be
\ngiven special access to the lecture recording and slide each week \u2013 please contact the subject
\ncoordinator if you have a lecture clash.
\n(2) Tutorial Attendance \u2013
\nThe tutorials in this subject are not recorded and students are required to attend the tutorials on a
\nweekly basis. Students are required to submit a weekly reflection during the tutorial as part of the
\nassessment for this component. These reflections will not be accepted outside of the tutorial time
\nunless there are exceptional circumstances for non-attendance (in which case a medical certificate or
\nsimilar documentation or explanation will be required). See pp. 15-23 for more information on the
\nassessment tasks in this subject.
\nIt is highly recommended that students take a general library tour and\/or training session. See
\nhttps:\/\/monkessays.com\/write-my-essay\/lib.latrobe.edu.au\/training\/ for details and to make a booking. Students with a disability,
\nor those who suffer from illness, anxiety, depression or any other physical or psychological condition
\n7
\nare encouraged to contact the Subject Coordinator and\/or tutor and\/or the Equality and Diversity
\nCentre (EDC): (visit https:\/\/monkessays.com\/write-my-essay\/latrobe.edu.au\/equality\/ for more details).
\nASSESSMENT AT A GLANCE
\n1. Eight 100-word weekly reflections (worth 10%) \u2013 to be submitted in tutorials from 4 August
\n2015.
\n2. Ten weekly quizzes (worth 15%) \u2013 starting from 4 August 2015.
\n3. One 1000-word essay (research study bay writing) abstract, annotated bibliography and essay plan (worth 15%) \u2013 due
\nMonday 7th September 2015.
\n4. One 3000-word research essay (worth 60%) \u2013 due Thursday 22nd October 2015.
\nInformation on assessment is provided on pp. 15-23.
\nGrade Distribution
\nA: 80%+
\nB: 70-79%
\nC: 60-69%
\nD: 50-59%
\nN: <49% (fail)
\nKEY DATES AT A GLANCE
\n4 August Weekly Reflection 1\/ Quiz 1 (opens 5th Aug)
\n11 August Weekly Reflection 2\/ Quiz 2 (opens 12th Aug)
\n18 August Weekly Reflection 3\/ Quiz 3 (opens 19th Aug)
\n25 August Weekly Reflection 4\/ Quiz 4 (opens 26th Aug)
\n1 September Weekly Reflection 5\/ Quiz 5 (opens 2nd Sept)
\n7 September Essay Abstract, Annotated Bibliography and Essay plan due
\n8 September Weekly Reflection 6\/ Quiz 6 (opens 9th Sept)
\n15 September No tutorials this week\/ Quiz 7 (opens 16th Sept)
\n22 September Weekly Reflection 7\/ Quiz 8 (opens 23rd Sept)
\n28 September – 4 October Mid-Semester Break
\n6 October Research\/study week: no lectures or tutorials this week)\/ Quiz
\n9 (opens 7th Oct)
\n13 October Weekly Reflection 8\/ Quiz 10 (opens 14th Oct)
\n15 October Essay draft due (optional)
\n22 October Research Essay due
\n* Please also see LSJ Calendar 2015 on p. 25.
\n8
\nLECTURE\/TUTORIAL TIMETABLE
\nWeek 1 28 July Introduction: What are Rights
\nNo tutorials
\nWeek 2 4 August Righting Wrongs: Theory, Philosophy, Practice
\nTutorial 1 (Aug 4)\/Quiz 1 (Aug 5)
\nWeek 3 11 August What is Wrong with Rights: A Critique
\nTutorial 2 (Aug 11)\/Quiz 2 (Aug 12)
\nWeek 4 18 August Human Rights in Australia: Self-Determination &
\nIndigenous Rights
\nTutorial 3 (Aug 18)\/Quiz 3 (Aug 19)
\nWeek 5 25 August Are Women Human: Provocative Questions
\nabout Women, Girls & Rights
\nTutorial 4 (Aug 25)\/Quiz 4 (Aug 26)
\nWeek 6
\n1 September The Right to Dignity: Socio-economic Rights &
\nWorld Poverty
\nTutorial 5 (Sept 1)\/Quiz 5 (Sept 2)
\nWeek 7
\n8 September Crossing Borders: Refugee Rights
\nTutorial 6 (Sept 8)\/Quiz 6 (Sept 9)
\nWeek 8 15 September Civil & Political Rights: Terrorism, Torture & Law
\nNo tutorials\/Quiz 7 (Sept 16)
\nWeek 9
\n22 September The Right to Intervene Humanitarian
\nIntervention for War Crimes, Genocide & Crimes
\nAgainst Humanity
\nTutorial 7 (Sept 22)\/Quiz 8 (Sept 23)
\nMid-Semester Break (28 September \u2013 4 October)
\nWeek 10
\n6 October Study\/Research Week (no lecture\/tutorials)
\nQuiz 9 (Oct 7)
\nWeek 11 13 October Beyond Anthropocentric Rights: The Environment
\nTutorial 8 (Oct 13)\/Quiz 10 (Oct 14)
\nWeek 12
\n20 October Beyond Anthropocentric Rights: Animal Rights
\nNo tutorials
\n9
\nREQUIRED READING LIST & LECTURE\/TUTORIAL PLANS
\nThe required readings are compulsory for the tutorials, quizzes and assessment. Tutorial topics run
\nthe sae eek as letue topis. All euied eadig is aailale ia the LST3LSJ Reading List on the
\nlibrary website.
\nThe descriptions below outline the activities and topics for the lecture and tutorials.
\nWeek 1 \u2013 28 July 2015
\nIntroduction: What are Rights
\nThe topi of ights is oe that has attated uh attetio i oth histoial ad otepoa
\ncontexts, from a wide range of thinkers from diverse disciplines such as law, philosophy, history,
\npolitics, gender studies, economics, sociology and anthropology. The language of human rights, and
\nthe legal and political frameworks for (supposedly) protecting rights, is pervasive and allencompassing,
\nparticularly in western societies. Indeed, some would argue that rights underscore our
\netie lieal sste of la ad politis. I todas letue, e ill egi to eploe the deelopet
\nad eolutio of ights, ith a speifi fous o hua ights. We ill also go though the sujet
\nguide and assessment. Please note, the reading for this week must be included in your research essay.
\nReadings for week 1:
\n– Fase, N , \u2018efaig Justie i a Gloalisig Wold, New Left Review, vol. 36, pp. 1-19.
\nWeek 2 \u2013 4 August 2015
\nRighting Wrongs: Theory, Philosophy, Practice
\nBuildig o fo last eek, i this letue e ill fous o the oept of ights. Whee do ights
\ncome from Why are rights important We will trace the development and origin of human rights in
\norder to understand their contemporary relevance. Students will also be introduced to the distinction
\nad eleae of atual ights ad positie ights. This distitio ill e helpful fo the
\nunderstanding national and international regimes for the protection and promotion of human rights
\nand social justice. Students will gain an understanding of the application of an array of international
\nlegal treaties and conventions in international human rights law. We will also spend some time
\ndiscussing how well Australia protects human rights both in theory and in practice.
\nTutorials start this week. In the tutorial, we will begin with basic introductions so we can get to know
\neach other. Tutorials are discussion and debate focused and it is vital that students feel comfortable
\nexpressing their views, so the first tutorial is desiged to eak the ie. This subject is designed to be
\nstudent-driven; your tutor is only there to guide the discussion. Therefore is essential that you take
\nresponsibility for your learning in this subject. A lot of the material that we will be discussing is
\ncontentious and confronting, and you are expected to contribute to class discussions each week and
\nask questions.
\n10
\nReadings for week 2:
\n– Donnelly, J 2003, The oept of hua ights, Universal human rights in theory and practice,
\n2nd edn, Cornell University Press, Ithaca; London, pp. 7-21.
\n– Madse, M ad Veshaege, G , Makig Hua \u2018ights Itelligile: A Itodutio to a
\nSociolog of Hua \u2018ights, i M. Madse ad Veshaege, G eds Making Human Rights
\nIntelligible: towards a sociology of human rights, Hart Publications, Oxford: Portland, pp. 1-14.
\nWeek 3 \u2013 11 August 2015
\nWhat is Wrong with Rights: A Critique
\nHuman rights are often defined as the rights that we have because we were born human. This
\nuiesalist pespetie o hua ights souds good i theo, hoee, i patie, thee is geat
\ncontroversy surrounding the idea of human rights. There is disagreement about what constitutes a
\nhua ight; hethe ights ae iposed fo piileged pesos fo aoe; hethe hua
\nrights are western in both origin and development; whether human rights can sit alongside other
\ncultural, religious and political traditions; whether human rights are overly individualistic or
\ncommunity-oriented; and how to weigh competing rights. For example, is hate speech freedom of
\nexpression or defamation Does abortion and euthanasia violate the right to life Does the right to
\nnational security trump the right to a fair trial and the right not to be arbitrarily detained Does the
\nright to privacy mean that women can be violated by their partners in their own home Does the right
\nto consume pornography violate the rights of women Do the rights of the child override the rights of
\nIndigenous people to be protected against racial discrimination Does the environment have rights
\nThese are some of the interesting debates that we will have across this semester. Therefore,
\nunderstanding the limits of human rights (and even their harmful implications and consequences) will
\nhelp to make sense of contemporary debates on significant and emerging issues of local and global
\nconcern.
\nReadings for week three:
\n– Bo, C , Uiesal hua ights: a itiue, The International Journal of Human Rights,
\nvol. 1, pp. 41-65.
\n– Brown, W , The ost e a hope fo\u2026: hua ights ad the politis of fatalis, The
\nSouth Atlantic Quarterly, vol. 103, pp. 452-463.
\n– Douzias, C , The paadoes of hua ights, Human rights and empire: the political
\nphilosophy of cosmopolitanism, Routledge-Cavendish, New York, pp. 8-15.
\n–
\nWeek 4 \u2013 18 August 2015
\nAUSTRALIAN HR\/Self-Determination & Indigenous Rights
\n11
\nSelf-deteiatio the ight to deteie oes fate is osideed to e a hua ight soe,
\nbut not others. It remains one of the most controversial rights issues, particularly within postcolonial
\nstates, like Austalia. I todas leture we will examine the issue of human rights within Aboriginal
\nAustralia, using our critiques from last week as our analytical framework, and focusing on issues such
\nas the Northern Territory Intervention; family violence; and land rights (and more generally on
\ncolonialism and Indigenous rights).
\nReadings for week four:
\n– Behedt, L, Cuee, C & Liesa, T , A e ode: self-deteiatio, Indigenous legal
\nrelations in Australia, Oxford University Press, South Melbourne, Vic, pp. 295-314.
\n– Rice, S , Hua ights dot atte i ou puli deate \u2013 but they should, The
\nConversation, June 24th 2015, available at: https:\/\/theconversation.com\/human-rights-dontmatter-
\nin-our-public-debate-but-they-should-
\n43771utm_medium=email&utm_campaign=Latest+from+The+Conversation+for+June+25+2015+
\n-+3012&utm_content=Latest+from+The+Conversation+for+June+25+2015+-
\n+3012+CID_2cd9de44b4abeb43988c6880a057dd2a&utm_source=campaign_monitor&utm_term
\n=Human%20rights%20dont%20matter%20in%20our%20public%20debate%20%20but%20they%2
\n0should
\n– Williams, G 2007, Austalias hua ights eod, A charter of rights for Australia, University of
\nNew South Wales Press, Sydney, NSW, pp. 18-34.
\nWeek 5 \u2013 25 August 2015
\nAre Women Human: Provocative Questions about Women & Rights
\nThis week we examine the controversial issue of women and rights, drawing on universalist and
\ncultural relativist perspectives. We will examine the issues of female genital cutting; child marriage
\nand other related gender issues within international human rights discourse. We will also examine
\nwhether violence against women within our own backyard constitutes a human rights violation.
\nReadings for week five:
\n– Butig, A , \u201ctages of deelopet: Maiage of gils ad tees as a iteatioal hua
\nights issue, Social and Legal Studies, vol. 14, no. 1, pp. 17-38.
\n– Charlesworth, H 2010 Inside\/Outside: Women and the Inteatioal Hua \u2018ights \u201cste in The
\nDiversity of International Law, Brill Online Books and Journals, pp. 383-398.
\nhttp:\/\/booksandjournals.brillonline.com.ez.library.latrobe.edu.au\/content\/books\/10.1163\/ej.9
\n789004180390.i-676.140
\n– Kapur, R 2002, The taged of itiizatio hetoi: esuetig the atie sujet i
\ninternational\/post-oloial feiist legal politis, Harvard Human Rights Journal, vol. 15, pp. 1-
\n37.
\n12
\nWeek 6 \u2013 1 September 2015
\nThe Right to Dignity: Socio-economic Rights & World Poverty
\nIf human rights are the rights we have to live a life of dignity, then how can a society that condones
\nand\/or contributes to global poverty be justified Put another way, to what extent should a society be
\norganised in order to let every member participate fully in the activities that constitute a decent life
\nShould there even be a right to development, education, welfare, food or healthcare if individuals or
\nstates fail to deliver these rights This week we examine the enduring disagreement over the proper
\nstatus of economic, social and cultural rights, with a focus on global poverty and inequality.
\nReadings for week six:
\n– Pogge, T 2005, Wold poet ad hua ights, Ethics and International Affairs, vol. 19, pp. 1-7
\n(only read pages 1-7).
\n– Otto, D 2002, Hoelessess ad hua ights: engaging human rights discourse in the Australian
\ncontext, Alternative Law Journal, vol. 27, pp. 271-281
\n– \u201caloo, M Itodutio, Global responsibility for human rights: world poverty and the
\ndevelopment of international law, Oxford University Press, Oxford: New York, pp. 1-12.
\nWeek 7 \u2013 8 September 2015
\nCrossing Borders: Refugee Rights
\nDoes Australia have a global, legal and moral responsibility to protect and respect the rights of asylum
\nseekers to seek and enjoy asylum from persecution In the lecture today, we will explore the political,
\nlegal and moral arguments underlying the asylum seeker debate. We will also examine whether
\nhuman rights are a useful framework for thinking about the rights of asylum seekers. In the tutorials,
\nstudets ill ask to oe up ith solutios to hat has eoe a eplosie political issue.
\nReadings for week seven:
\n– Helto, A , What is efugee potetio A uestio eisited i M. Gie, G. Loeshe
\nand N. Steiner (eds) Problems of protection: the UNHCR, refugees and human rights, New York,
\nRoutledge, pp. 46-73.
\nWeek 8 \u2013 15 September 2015
\nCivil & Political Rights: Terrorism, Torture & Law
\nTerrorism is not a new phenomenon, however, since September 11, 2001, terrorism has been
\npresented as one of the greatest challenges of our time. This concerns not simply preventing the acts
\nof terrorism to potet hua life, ut oeoe, ho do e defie teois Ho should e deal
\nwith acts of terrorism What are the politics of terrorism discourse And to what extent should or do
\n13
\ngovernments infringe on civil and political liberties to protect against terrorist threats Finally, we will
\nalso eaie hethe totue is ee a justifiale ehais i the potetio of atioal seuit.
\nReadings for week eight:
\n– Lua, D , The a o teois ad the ed of hua ights, Philosophy and Public
\nPolicy Quarterly, vol. 22, pp. 9-14.
\n– Padha, \u2018 , Teois ad Hua \u2018ights, i \u2018. Padha, Terrorism, Rule of Law and
\nHuman Rights, New Delhi : Mangalam Publishers, pp. 117-130.
\nWeek 9 \u2013 22 September 2015
\nThe Right to Intervene Humanitarian Intervention for War Crimes, Genocide &
\nCrimes Against Humanity
\nThe nature of global capitalism and the massive and growing inequalities between rich and poor
\ncountries has forged both good and bad connections between people in disparate parts of the globe.
\nPut simply, genocide, crimes against humanity and war crimes (all defined under what is known as
\nInternational Humanitarian Law) are of significant global concern due to both the causes of conflict
\nand the responses to this conflict. This week we will look at first humanitarian intervention \u2013 what is it
\nand is it ever justified in order to halt hostilities and prevent gross human rights violations Second,
\nwe will examine post-conflict justice, focusing on international war crimes trials.
\nReadings for week nine:
\n– MMilla, N , Ou shae: iteatioal esposiilit fo the \u2018ada geoide,
\nAustralian Feminist Law Journal, vol. 28, pp. 3-28.
\n– MAda, J , Fo huaitaia disetio to opleeta potetio: efletios o
\nthe emergence of human rights-based refugee protection in Australia, Australian International
\nLaw Journal, vol. 18, pp. 53-76.
\nMid-Semester Break (28 September \u2013 4 October 2015)
\nWeek 10 \u2013 6 October 2015
\nStudy\/Research Week
\nThere are no classes this week (no lecture; no tutorials \u2013 for LSJ only). Instead, students are required
\nto use the 3 hours they would normally have in class to work on their essays for this subject. Please
\nnote there is a quiz this week.
\n14
\nWeek 11 \u2013 13 October 2015
\nClimate change, human rights, and international law
\nClimate change represents one of the greatest challenges in the history of humankind \u2013 described by
\none sietist as the geatest taged the hua speies has ee eated. Cliate hage is a issue
\nof growing importance for human rights and social justice discourse. A failure to respond, it is argued,
\nwill have massive ramifications that will be felt most autel the olds poo, futue geeatios
\nand other species on Planet Earth. This week we will discuss and critique the notion of rights as
\ninherently anthropocentric, and examine whether the natural environment has rights, and the
\nlimitations of the law to enforce these rights.
\nReadings for week eleven:
\n– \u201cteie, H J, Alsto, P & Gooda, \u2018 , Hua ights, deelopet ad liate hage,
\nInternational human rights in context: law, politics, morals: text and materials, Oxford
\nUniversity Press, New York, pp. 1433-62.
\n– Viet, A , Is Eioetal Justie a Misoe i D. Bouhe ad P. Kell eds Social
\nJustice from Hume to Walzer, Routledge, London: New York, pp. 120-140.
\nWeek 12 \u2013 20 October 2015
\nBeyond Anthropocentric Rights: Animal Rights and the law
\nAnimal rights have become increasingly visible on the political agenda. In recent years we have seen
\nmassive political movements in Australia to ban the live export of cattle to parts of the Middle East
\nand South East Asia, there have been huge efforts to ban testing on animals with New Zealand
\nrecently recognising all animals as sentient beings. In addition, more and more people are demanding
\nethical produced animal food products, such as free-range eggs and meat, and the numbers of people
\nturning vegetarian and vegan around the world is increasing. Drawing on the thees fo last eeks
\nlecture about climate change, and those across the semester, this week we take a further look at nonanthropocentric
\nrights and discuss some contentious issues regarding our relationship to non-human
\nanimals. We examine to what extent should non-human animals be protected under the law; what
\nrights they do have; what rights they ought to have; and is it possible to grant the same rights to nonhuman
\nanimals
\nReadings for week twelve:
\n– O\u201cullia, \u201c , Adoatig fo Aials Euall fo Withi a Lieal Paadig,
\nEnvironmental Politics, vol. 16, no. 1, pp. 1-14.
\n———————————————————————————————————————-
\n15
\nTHE ASSESSMENT: LAW, RIGHTS & SOCIAL JUSTICE 2015
\nPlease refer to the Student Learning page: https:\/\/monkessays.com\/write-my-essay\/latrobe.edu.au\/students\/learning. This
\nprovides information on how to write essays; reference books and articles; prepare for exams; use
\ngrammar and punctuation; and avoid plagiarism.
\n1. Weekly Reflections (10%)
\nDue: 100-od efletios due weekly over 8 weeks
\nWorth: 10% of final grade
\nSubmission: All weekly reflections must be handed in to your tutor during the tutorial (not via
\nTurnitin).
\nInstructions:
\nEach week when there is a tutorial for this subject, students will be required to specifically to
\ncomment on the article(s) for that week in the reader (see list of topics below). The comment may
\nbe a summary of the key arguments; it may also include some key questions that are raised for you; it
\nmay reflect on the relevance of the article(s) to the subject or the subject themes; and\/or you might
\nalso like to eflet o eal-old eets i ou life o i the old oe geeall. There is a
\ntemplate for how you might like to structure your weekly reflection on the LMS.
\nMake sure you keep copies of weekly reflections if possible.
\nPlease Note:
\n You do not need a stateet of authoship fo or a checklist.
\n Word limit: its fie if ou at to ite oe tha ods.
\n Ideally the reflections should be typed and references should be provided.
\nThe purpose of this assessment is to encourage students to:
\na. Make oetios etee the sujet thees ad hat is happeig i the eal old.
\nb. Reflect on various themes of the subject.
\nc. Write on a weekly basis (which in turn will help with essay writing).
\nd. Engage more with other students in the tutorials.
\ne. Attend tutorials on a weekly basis.
\nf. Engage with the readings in the subject reader.
\nWeekly Reflection Topics:
\nThe topics and dates for weekly reflection submission are as follows:
\n1. 4 August (what are rights)
\n2. 11 August (critique of rights)
\n3. 18 August (self-determination\/Indigenous rights)
\n4. 25 August (women & rights)
\n5. 1 September (socio-economic rights)
\n6. 8 September (refugees\/asylum seekers)
\n7. 22 September (Humanitarian intervention)
\n16
\n8. 13 October (climate change or animal rights)
\nQuestions:
\nCan the weekly reflections e haded i ude the tuto\u2019s doo o ia eail
\nNo. The weekly reflections must be handed in during the tutorial that week. We will not accept it a
\nweek later or under our doors or as an email attachment.
\nWhat happes if I a sik ad a\u2019t had i y work
\nIf ou ae sik ad at atted a tutoial ad theefoe at had i oe of ou weekly reflections,
\nthen you must provide a medical certificate and talk to your tutor about making alternative
\narrangements.
\n2. Weekly Quizzes (15%)
\nOn: 5 August; 12 August; 19 August; 26 August; 2 September; 9 September; 16 September; 23
\nSeptember; 7 October; and 14 October (total of 10 quizzes). Students will have 24 hours to complete
\nthe quiz. The quiz will open at 9am on Wednesdays and close at 9am the day after on Thursdays.
\nDuration: 10-15 minutes each quiz
\nWorth: 15% of final grade (each quiz is worth 1.5%)
\nInstructions\/Guidelines:
\nOn each of the dates listed above, students will be required to log into LMS and sit a simple multiple
\nchoice\/true\/false\/short answer quiz. The quiz will test your knowledge of both the weekly readings
\nAND\/OR the lecture material. Therefore, you are required to (a) do your readings before attending
\nthe lecture each week and (b) attend the lecture each week. Please note that lecture recordings will
\nnot be put up on LMS until after the close of the quiz (i.e. 9am on Thursdays).
\nThere are a total of 10 quizzes across the semester. Students MUST complete EIGHT of these. If a
\nstudent sits more than 8 quizzes, we will calculate their 8 best scores for their final grade at the end of
\nthe semester.
\nQuestions:
\nI have a timetable clash and I am unable to attend the lecture \u2013 how can I access the lecture
\nrecordings
\nIf you have another lecture on at the same time, then you will need to contact the subject coordinator
\nas soon as possible to set up special permission to access the lecture recording on LMS. Please note,
\nyou must provide documentation as evidence of an unavoidable timetable clash in order to be
\neligible.
\nWhat happes if I a sik o out of atio ad a\u2019t sit a uiz
\nWe can reopen the quiz for you if you are sick (in which case a medical certificate is required) or if you
\nhave another issue where a medical certificate is not possible to produce. Please note: only in
\nexceptional circumstances will the quiz be reopened after the close of the quiz.
\n17
\nWhat happens if I have technical problems with my computer
\nIf you have technical problems, you must contact the subject coordinator while the quiz is still open
\n(not afterwards). If the technical problem is at our end, we will make alternative arrangements for
\nyou to do another quiz.
\nI do\u2019t at to atted the letues eah eek ad ould athe liste to the olie, ut I still ant to
\ndo the quizzes each week \u2013 what can I do
\nWhile it is helpful to have lecture recordings immediately available to students, increasingly many
\nstudents are not showing up to lectures or tutorials, their grades suffer immensely and they fail to
\nconnect to their peers. The quizzes are an easy way to receive a high grade for 15% of the overall
\nassessment. The quizzes require some energy and effort, but you will be nicely rewarded for this.
\nMoreover, the weekly pressure to do the readings, attend the lecture and sit the quizzes will help you
\nto stay engaged and up-to-speed with the work.
\n3. Abstract, Annotated Bibliography and Essay Plan (15%)
\nDue: 7 September 2015 (1000 words)
\nWord Limit: 1000 words
\nWorth: 20% of final grade
\nSubmission: Submit via Turnitin only by 11.55pm (no hard copy submission required)
\nStudents must submit an essay abstract, annotated bibliography and essay plan by 7 September 2015
\nfor marking and brief feedback. Your essay abstract will provide an overview of what you will discuss
\nin your research essay which includes the topic of your essay, your argument, and how you intend to
\nadvance your argument. The annotated bibliography will be a list of relevant books and articles (at
\nleast 10) that you plan to use for your research. The references list must conform to the style guide
\n(e.g. be presented alphabetically with correct punctuation and bibliographic details) and be
\naccompanied by a short description of the content of each reference (e.g. a 30-word
\ndescription\/concise summary \u2013 in your own words). The description MUST summarise the main
\nargument of the source. Your essay plan should online what you intend to discuss in each section of
\nyour essay, noting where you references fit within these points. As a rough guide, the abstract should
\nbe approximately 200 words, the annotated bibliography 300 words (not including the reference
\nitself), and the essay plan should be approximately 500 words.
\nPlease see below for list of essay questions that you may choose from. Also note that while it is not
\neoeded, if ou hage ou id aout hat oud like to ite ou essa o, ou a
\nchange your essay topic after you submit your annotated bibliography, abstract and essay plan.
\nPlease ensure that your ten references are substantive sources (e.g. academic journal articles, books
\nor book chapters OR governmental or non-governmental reports). Do not include newspaper articles
\nand\/or web-based documents. You must include the Nancy Fraser reading from week one,
\n\u2018efaig Justie i a Gloalised Wold i ou aotated iliogaph ad essa pla.
\nA sample essay abstract and annotated bibliography is available on LMS for you as a guide. More
\nadvice and guidance will be given throughout the semester. For tips on writing an annotated
\n18
\nbibliography, see the following site: https:\/\/monkessays.com\/write-my-essay\/writing.utoronto.ca\/advice\/specific-types-ofwriting\/
\nannotated-bibliography
\nMarking criteria for essay abstract\/annotated bibliography\/ essay plan:
\nAbility to write in an accessible, clear and coherent style (using your own words)
\nCareful and relevant selection of references for your chosen topic (including going beyond
\nthe required readings in this subject)
\nAbility to set out references in a clear and consistent manner
\nAttention to essay abstract (including an engagement with the key concepts of rights and
\nsocial justice; articulation of argument; and demonstrated ability to narrow down the
\ntopic)
\nAbility to accurately summarise main argument(s) of each source
\nAbility to map out and develop an argument using appropriate resources (essay plan)
\nThe purpose of this assessment is to encourage students to:
\na. Start their essays early.
\nb. Make plans for the essay argument and research.
\nc. Reflect on their referencing system.
\nd. Demonstrate correct referencing formatting.
\ne. Auatel suaise authos ai aguets.
\n4. Research Essay (60%)
\nDue: Thursday 22nd October 2015
\nWord Limit: 3000 words
\nWorth: 60% of final grade
\nSubmission: Submit via Turnitin only by 11.55pm (no hard copy submission required)
\nPlease choose ONE question below.
\nQuestion 1: Theoretical critique of human rights
\nIs it possible to maintain a universal human rights movement but at the same time acknowledge and
\nrespect cultural difference, and avoid cultural imperialism Is a human rights framework a
\npoleati o ee dageous ideolog that ostuts the othe as akad ad epessie, o
\nis it a promising moral and legal framework that can improve the quality and dignity of human life
\nIn this question you should consider key concepts\/theories of: universalism; progress; emancipation;
\ncultural relativism; post-colonial theory. You ight at to disuss this usig a ase stud fo the
\nsubject to support your argument.
\nQuestion 2: Human rights in Australia
\nWe are constantly being fed by the media and politicians that Australia is a country which upholds the
\nvalues and principles of human rights. However Australia has a very contentious relationship with
\nhuman rights, specifically the historical (and arguably contemporary) treatment of Indigenous
\n19
\nAustralians. The processes of colonisation and dispossession, terra nullius, their ambiguous position
\nwithin the legal and political system, and the Stolen Generation are just some examples of the
\nhistorical violations of Idigeous Austalias hua ights. Although the Vitoia Chate of \u2018ights
\nand Responsibilities highlights the importance of Aboriginal people in Victoria, relative to nonindigenous
\nAustralians, Indigenous Australians continue to have poorer health outcomes, continue to
\nbe financially disadvantaged, lack access to education, and are socially and culturally disempowered.
\nIn addition, Australia is the only Western democracy that does not have a charter of rights. The
\nexplicit rights of Indigenous Australians thus remain largely unprotected and unrecognized under
\nAustralian law.
\nReflecting on some of the criticisms of human rights, such as cultural imperialism, ethnocentrism, and
\npost-colonial theory, this question asks you to consider whether or not a human rights framework is
\nthe best solution for protecting the rights of Indigenous Australians You should discuss this question
\nusing a case study such as: socio-economic rights, political, social and cultural rights, and selfdetermination.
\nQuestion 3: Women, girls and human rights
\nThe establishment of the Convention on the Elimination of all forms of Discrimination Against Women
\nCEDAW i the usheed i a e ea ad fous o oes soial, politial ad legal ights
\nglobally. Some however, hae agued that suh a hua ights faeok uiesalizes oes
\nexperiences, ignoring their different socio-cultural situations.
\nReflecting on feminist critiques of human rights and the concepts of universalism; progress;
\nemancipation; cultural relativism; post-colonial theory, this question asks you to consider whether or
\not oe a diese, heteogeeous soial ad politial goup should hae thei o speifi set
\nof human rights Are internatioal oeats that seek to potet oes ights, like CEDAW, a fo
\nof cultural imperialism and ethnocentrism
\nIn this question you should draw on a case study from the subject to help illustrate your argument
\n(e.g. female genital cutting, child marriage, reproductive health rights, violence against women
\n(including sexual), bodily integrity, political representation).
\nQuestion 4: Socio-economic rights and human rights
\nArticle 25 of the Universal Declaration of Human Rights (UDHR) states that: Everyone has the right to
\na standard of living adequate for the health and well-being of himself [sic] and his [sic] family,
\niludig food, lothig, housig, edial ae ad eessa soial seies. And the International
\nCovenant on Economic, Cultural and Social Rights (ICESCR) protects core economic, social and cultural
\nrights. For example, rights to employment, fair wages, safe and healthy working conditions, equal
\nwork opportunities, reasonable working hours, trade unions and strike, social security, and maternity
\nleave. However, the gap between the rich and the poor is increasingly widening not just between the
\nGlobal North and the Global South, but within states aoss the deeloped old.
\nThis question asks you reflect on whether or not socio-eooi ights ae hua ights Do the
\nconflict with liberty rights If there is no way of ensuring their delivery, should they even be referred
\nto as rights Disuss, usig a ase stud to suppot ou aguet e.g. Idigeous ights issues;
\nglobal poverty; homelessness; welfare; or access to education).
\n20
\nSome additional questions\/issues you might discuss for any of the above questions:
\n What are rights What are human rights (including reflections on the problems with rights).
\n How should different, conflicting rights be weighed against each other How might we
\nreconcile or resolve conflicting rights
\n Is there a hierarchy of rights In other words, should some rights be considered more
\nimportant than others
\n What role does law play in protecting rights and resolving conflict
\n In what ways does law restrict or limit rights
\n How are rights currently protected in Australia and internationally
\nThe purpose of this assessment is to encourage students to:
\na. Codut eseah o a speifi aea ase stud of hoie\/iteest elatig to hua ights
\nand social justice;
\nb. Explore the theoretical underpinnings of important concepts;
\nc. Apply a theory or theories to understanding a human rights or social justice issue;
\nd. Construct a carefully thought-out argument;
\ne. Write a polished, academic research essay with consistent referencing; an introduction and a
\nconclusion; an imaginative title to the essay; a well-organised structure; and a clear and
\ncoherent writing style;
\nf. Think critically about the concept of rights and the role of law.
\nWord Count and Design:
\n You ust ilude the Na Fase eadig, \u2018efaig Justie i a Gloalised Wold fo eek
\none in your research essay.
\n The essay must be 3,000 words (+\/- 300 words ok) \u2013 please indicate on the checklist the word
\ncount of your essay. Include as the cover page of your essay when you submit to Turnitin.
\n If you are using Harvard style, the word count includes in-text references, but it excludes your
\nalphabetical references list at the end of the document. Also, please note that quotes do not
\ncount towards your final word count either, so please make sure that you use them sparingly, or
\npreferably, paraphrase.
\n If you are using footnotes (Oxford style) as your referencing system, the footnotes and
\nbibliography are excluded from your word count (see below for more details on references).
\n Bibliography\/references list \u2013 NOT included in the word count for either styles.
\n The abstract you have already put together for the first component of this assessment does not
\nneed to be included although you can include it if you like.
\n It is fine if you change your mind about your topic, approach etc after submitting your abstract
\nand annotated bibliography. We expect therefore that the abstract you hand in in September may
\ndiffer from the content of the essay you hand in later, in October.
\n Do not use too many quotations or rely on quotes as a substitute for your own words.
\n Be sue to appopiatel efeee othe peoples ideas ad ods \u2013 please refer to the policy on
\nplagiarism: https:\/\/monkessays.com\/write-my-essay\/latrobe.edu.au\/students\/learning\/academicintegrity\/
\nexplanation\/plagiarism.
\n The essay must be typed, double-spaced or 1.5 spacing and in 12 font. Page numbers must be
\nincluded.
\n There is a study\/research week on 6 October.
\n21
\nThe three essential features of your essay are:
\n1. Structure: There should be a clear and coherent flow of ideas; you might want to use
\nsubheadings to help you to organise your material; make sure you have an introduction and a
\nconclusion.
\n2. Clarity: There should be a clear writing style, including distinct and coherent paragraphs.
\n3. Argument: The ideas or argument contained in each paragraph should flow on and build from
\nthe one before; be clear about what you will be looking at the very beginning in your
\nintroduction.
\nThe essay must be submitted via Turnitin by 11.55pm on Thursday, 22nd October.
\nLate submission via Turnitin will attract a penalty based on the policy of 5% per day (see below). If
\nyour essay is submitted over 5 working days late without an extension, your essay may not be
\nmarked.
\nYou may also submit an optional essay draft and receive an additional 1% to their final essay grade
\n(due via Turnitin only by 11.55pm on 15th Otoe . It is the tutos disetio o hethe to
\naward you the 1% for the essay draft. This decision will be based on whether you have submitted a
\ngenuine essay draft. A series of dot points and\/or quotes will not be accepted as a genuine draft. An
\nincomplete reference list or other similar absences is fine. Unfortunately, your tutor will not be able
\nto read through your essay draft (based on Department policy), however, completing the draft before
\nthe actual essay submission date will give you the opportunity to make improvements to your essay
\nand\/or get someone else to read through it and offer any advice.
\nQuestions:
\nI have been sick but would like to hand in the essay draft, what can I do
\nYou must provide a medical certificate in order to qualify for an extension. All extensions must go
\nthrough your tutor.
\nWhat happens if I hand in my essay draft late without an extension
\nIf you submit your essay draft late without an extension, you will not be eligible for the extra 1%
\nreward. However, you are encouraged to do an essay draft anyway before you submit the final
\nversion.
\nI do\u2019t at to do the essay daft. Will I e pealised
\nNo. You ill ot e pealised i a a at all if ou deide that ou dot at to had in an essay
\ndraft as it is purely optional.
\nReferencing and Citation:
\nThe citation of sources for all of your assessment, also called referencing, must adhere to a proscribed
\nstyle guide. You may use one or the other; not both and not a mixture of styles. You have a choice
\nbetween: (1) In text references (also called Harvard style – where the reference in the text of the essay
\nis enclosed by a bracket with the last name of the author, the year of publication and if necessary, the
\npage number); OR (2) Footnotes (also called Oxford style – where the citation is located after the
\n22
\npunctuation, which then corresponds to the reference at the bottom of the page called a footnote).
\nSee: https:\/\/monkessays.com\/write-my-essay\/lib.latrobe.edu.au\/help\/style-guides.php>.
\nBoth styles require you to put together a references list at the end of your essay that provides the full
\nbibliographic details of each book\/article (etc) that you have cited in your work. The lay-out of the
\nreferences list will vary depending on which style you adopt (again, please look through one of the
\nstyles guides carefully for advice on how to do this). Note: Links to both style guides are also available
\nvia LMS.
\nMarking criteria for essays:
\nConceptual analysis
\nArgument
\nResearch
\nEssay structure
\nExpression, clarity & grammar
\nPunctuation & spelling
\nReferencing
\nCreativity & innovation
\nSummary of Assessment
\nAssessment Due Date(s) Worth Turnitin Hard Copy
\nSubmission
\nStatement of
\nAuthorship
\nChecklist*
\nQuizzes Weekly 15% X X X X
\nWeekly
\nReflections
\nWeekly 10% X In tutorials X X
\nEssay
\nAbst\/AB\/EP
\n7 Sep 15% X X X
\nEssay Draft** 15 Oct N\/A X X X
\nEssay 22 Oct 60% X
\nNote:
\n**The checklist only needs to be handed in for the final essay and will attract a 1% reward to final essay grade.
\n*** The Essay Draft is optional and will attract a 1% reward to final essay grade.
\nTurnitin
\nALL students must submit their work (abstract\/annotated bibliography\/essay plan; essay draft and
\nessay) via Turnitin (plagiarism software). You can submit your work multiple times via Turnitin
\n(leading up to the due date). Please note that any work with a percentage over 25% will be checked
\nfor plagiarism. Note that in some cases students can generate a high Turnitin report but not have any
\nissues hatsoee ith plagiais, so dot o if that happes to ou ou ot e pealised.
\nPolicy on Extensions & Special Consideration Applications
\nStudents should note that extensions will only be granted in exceptional circumstances. If you are
\nunable to submit your assessment by the due date you should consult the subject coordinator
\nbeforehand to see if there are grounds for an extension. Extensions are normally granted for medical
\nreasons or other serious interruptions in your ability to work. They are not granted based on time
\n23
\nmanagement and work practices. Having multiple essays due around the same time, or having a
\nmassive weekend planned before the essay is due, or having too many shifts at work the week before
\nthe essay is due, are not legitimate reasons. Extensions and applications for special consideration
\nmust be sought on the appropriate form and backed up with appropriate documentation. The essay
\nextension form and special consideration application form can be downloaded from the LMS site.
\nPolicy on Late Submissions
\nStudents who submit their essay after the due date without an extension will be penalised according
\nto the new La Trobe School of Social Sciences policy (@ 5% per working day, excluding weekends).
\nThe essay will not be accepted after FIVE working days after the due date if you do not have an
\nextension. All assessment must be typewritten and students must keep a copy of their submitted
\nwork. Students must follow La Trobe University guidelines on the presentation and submission of all
\nassessable work.
\nLearning Outcomes
\nSubject Intended Learning Outcomes
\n(ILOs)
\nExample of Teaching and Learning Activities for this ILO
\nAligned to
\nwhich FGC(s)
\n1 Critically discuss the definition, efficacy
\nand scope of human rights law and
\npractice, including discussing the concept
\nof human rights, reflecting on the
\npoles of oth oflitig ights ad
\nhua ights as ideolog, ad usig
\ncomplex theories on rights from the
\nliterature
\nLectures; tutorial readings, discussions & activities; essay 1, 3, 4, 7
\n2 Illustrate an understanding of domestic
\nand international human rights law and
\nhow they relate to each other
\nLectures; tutorial readings, discussions & activities;
\nessay.
\n1, 3, 8
\n3 Write about the role of law in protecting
\nhuman rights and preventing future
\nhuman rights abuses, as well as the
\nefficacy of law as a defender of human
\nrights
\nLectures; tutorial readings, discussions & activities;
\nessay.
\n1, 4, 7, 8
\n4 Appl ople theoies to eaie ase
\nstudies, demonstrating an understanding
\nof the problem of universalism, cultural
\nrelativism and human rights
\nLectures; tutorial readings, discussions & activities;
\nessay.
\n1, 3, 4, 5, 7
\n5 Locate relevant Internet material on
\nhuman rights and social justice matters,
\nsummarise this material and then
\nidentify problems and\/or issues raised
\nPreparation and production of weekly reflections 3
\n6 Edit written work to a high standard
\nbased on feedback given
\nPreparation and production of weekly reflections 1, 8
\n7 Write coherently on the gap between
\nlaw in theory versus law in practice in
\nrelation to human rights and social
\njustice, reflecting on both ideals and
\nideology
\nLectures; tutorial readings, discussions & activities;
\nessay; preparation and production of weekly reflections
\n1, 3, 4, 8