Support Material for Legal Studies


Part II of the core: Human rights 20% of course time



Download 0.84 Mb.
Page6/14
Date conversion04.09.2017
Size0.84 Mb.
1   2   3   4   5   6   7   8   9   ...   14

Part II of the core: Human rights 20% of course time


Principal focus: Through the use of a range of contemporary examples, students investigate the notion of human rights and assess the extent to which legal systems embody such human rights and promote them in practice.
Outcomes

H1. identifies and applies legal concepts and terminology

H2. describes and explains key features of and the relationship between Australian and international law

H3. analyses the operation of domestic and international legal systems

H4. evaluates the effectiveness of the legal system in addressing issues

H5. explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change

H6. assesses the nature of the interrelationship between the legal system and society

H7. evaluates the effectiveness of the law in achieving justice

H8. locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, cases, media, international instruments and documents

H9. communicates legal information using well-structured and logical arguments

H10. analyses differing perspectives and interpretations of legal information and issues
Themes and challenges to be incorporated throughout the topic:


  • the changing understanding of the relationship between state sovereignty and human rights

  • issues of compliance and non-compliance in relation to human rights

  • the development of human rights as a reflection of changing values and ethical standards

  • the role of law reform in protecting human rights
  • the effectiveness of legal and non-legal measures in protecting human rights.




Assessment: Human rights research task.


Students learn about:

Students learn to:

Suggested teaching and learning strategies

Themes and challenges

  1. The nature and development of human rights










  • the definition of human rights




  • define human rights




Students develop a list of human rights. Compile and categorise on board.

Develop definition of human rights.

Internet/media research – find examples of current human rights abuses.



Resource: Fleiner, T 1999, What Are Human Rights?, The Federation Press, Sydney




  • developing recognition of human rights

  • the abolition of slavery

  • trade unionism and labour rights

  • universal suffrage

  • universal education

  • self-determination

  • environmental rights
  • peace rights





  • outline how human rights have changed and developed over time

  • investigate the evolving recognition and importance of universal human rights




Make notes on the development of human rights over time. Cover each specific area, explaining how each contributed to the development of human rights. Construct a timeline.

Resource: Hot Topics, No. 65, Human Rights, 2008.

Discussion of the development of human rights. Group activity on each – develop PowerPoint to present to class/class worksheets.

Cite examples of music being used to increase awareness of different human rights, eg Bob Marley, U2, Midnight Oil.



Writing task: ‘You are imprisoned on a slave ship. Explain what era you are living in. List the basic rights that you have lost. Do you have any rights at all? What can you do?’




  • the development of human rights as a reflection of changing values and ethical standards




  • role of law reform in protecting human rights




  • formal statements of human rights

  • Universal Declaration of Human Rights




  • examine major human rights documents and explain their contribution to the development of human rights

Brief examination of each document. Identify major characteristics/informal discussion of content.

Develop a summary/table with a brief overview of the purpose and nature of human rights documents.






  • International Covenant on Civil and Political Rights

  • International Covenant on Economic, Social and Cultural Rights










  1. Promoting and
    enforcing human
    rights











In the international

community:



  • state sovereignty

  • assess the role of state sovereignty in promoting and enforcing human rights




Discuss and define the concept of state sovereignty and its implications for the promotion and protection of human rights.

Media search: Find current examples illustrating the exercise of state sovereignty – check UN website www.un.org, local news stations, major newspapers.

Briefly respond to the question: ‘How can state sovereignty impact on the enforcement of human rights?’

  • the changing understanding of the relationship between state sovereignty and human rights




  • the roles of:

  • the United Nations

  • intergovernmental organisations

  • courts, tribunals and independent statutory authorities

  • non-government organisations

  • the media

  • evaluate the effectiveness of international responses in promoting and enforcing human rights





Investigate and make notes on the role of each of the listed organisations.

Assess the effectiveness of the various responses in promoting and enforcing human rights. Refer to contemporary examples wherever appropriate.

Resources: Human Rights Watch www.hrw.org.

Amnesty International – refer to CD/DVD and website www.amnesty.org.



Time magazine.


  • issues of compliance and non-compliance in relation to human rights




In Australia:

  • the Constitution, including division of powers and separation of powers

  • statute law

  • common law

  • courts and tribunals

  • non-government organisations

  • the media

  • Charter of Rights (arguments for and against)




  • outline how human rights are incorporated into Australian domestic law

  • evaluate the effectiveness of Australian responses in promoting and enforcing human rights




  • discuss the arguments for and against a Charter of Rights for Australia

Investigate how human rights are protected in Australia. Cover a range of sources, eg the Constitution, statute law and common law, with specific examples of each such as the Constitution, s 116freedom of religion; anti-discrimination legislation; rights contained in common law, eg implied right to legal representation (Dietrich v the Queen [1992] HCA 57; (1992) 177 CLR 292).


Consider the roles of:


  • courts and tribunals, eg High Court decisions, Refugee Review Tribunal (RRT).

  • NGOs, eg Red Cross, Amnesty International, etc.

  • the media. The focus here is on how the media portrays human rights abuses. Students should be encouraged to read daily newspapers and find relevant human rights examples.

Consider the nature and purpose of a Charter of Rights.

Compare and contrast with other jurisdictions.
Debate: ‘Australia needs a Charter of Rights’.
Resources: Hot Topics, No. 65, Human rights, 2008.

Australian Human Rights Commission www.humanrights.gov.au.



Julian Burnside 2007, Watching Brief: Reflections on Human Rights, Law and Justice, Scribe Publications, Melbourne

Legal Date, Vol 8, No. 2

blog.sl.nsw.gov.au/hsc_legal_studies

  • the development of human rights as a reflection of changing values and ethical standards




  • the role of law reform in protecting human rights



  • the effectiveness of legal and non-legal measures in protecting human rights



  1. Investigate a contemporary issue which illustrates the promotion and/or enforcement of human rights











  • Issues could include:

  • genocide

  • treatment of refugees

  • asylum seekers

  • child soldiers

  • abuse of children

  • torture

  • capital punishment

  • arbitrary detention

  • religious discrimination

  • discrimination against women

  • exploitation of workers

  • human trafficking and slavery

  • limitations on free speech




  • investigate a contemporary human rights issue and evaluate the effectiveness of legal and non-legal responses to the issue




This section could be completed as an individual research/assessment task, as group work where each group investigates a different topic, or as an oral/class presentation. Please note, although only one issue needs to be investigated, students may investigate more than one.
In investigating a contemporary human rights issue, the following should be covered:

  • the nature of the issue

  • the extent and scope of the issue

  • legal responses – nature and effectiveness, international and/or domestic

  • non-legal responses – nature and effectiveness, international and/or domestic

  • future directions.


Research starting points may include:

  • www.hrw.org

  • www.un.org

  • www.humanrights.gov.au

  • Hot Topics

  • Legal Studies Assist


  • Issues in Society

  • Alternative Law Journal

  • Legal Briefs (Journal of the Legal Studies Association of NSW)

  • UN Cyberbus and the Red Cross have relevant resources such as webquests and interactive sites

  • www.legalanswers.sl.nsw.gov.au/students_teachers/

  • http://blog.sl.nsw.gov.au/hsc_legal_studies

  • the changing understanding of the relationship between state sovereignty and human rights




  • issues of compliance and non-compliance in relation to human rights




  • the development of human rights as a reflection of changing values and ethical standards




  • the role of law reform in protecting human rights




  • effectiveness of legal and non-legal measures in protecting human rights







1   2   3   4   5   6   7   8   9   ...   14


The database is protected by copyright ©hestories.info 2017
send message

    Main page