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Overview

Course Overview

The course focuses on selected issues in human rights law, and the ways 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, 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 associationHere 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 beliefThe 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-discriminationWe 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, or just generally?

  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?
SyllabusThe 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.

Main Programme

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.

Advice on Course Limits

This is a limited entry course: there is a limit on the number of enrolments due to staff or space capacity. In cases where the courses is taught under two separate codes (e.g. concurrently taught courses, general education courses) the course limit specified is the total across both versions of the course. For more information, please see the Programme and Course Limitations section of the University Academic and General Statutes and Regulations.

Locations and Semesters Offered

Location
City

Other Attributes

Level 9 (Masters Degree)

Teaching and Learning

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 not be available as recordings.  The course will not include live online events.

Of course, as we know, this might have to change if necessary to comply with public health requirements.

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.

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.

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 for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

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.

Assessment and Learning Outcomes

Course Learning Outcomes

CLO #OutcomeProgramme Capability Link
1
2
3
4
5
6

Assessments

Assessment TypeAssessment PercentageAssessment Classification

Assessment to CLO Mapping

Assessment Type123456

Student Feedback, Support and Charter

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.

Additional Information on Student Feedback

No feedback from last year suggested the need for any changes.

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 coordinator, 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.

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff 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 .

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

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.