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Human Rights in Asia - JURD7460

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS8060

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

Human Rights in Asia examines issues relating to the recognition and enjoyment of human rights in selected Asia-Pacific countries. It explores the role international, regional and local organisations have played in embedding human rights norms in these nations, as well as critically interrogating claims of universality and Eurocentrism around human rights. The topics which form the focus of the course will vary from year to year.

The course will focus on the role of national human rights institutions in the protection of human rights in the region. National Human Rights Commissions in the Asia-Pacific region are now handling thousands of cases of human rights violations each year. Understanding the origins of these institutions and their mandates, functions and powers is becoming increasingly important for governments, legislators, bureaucrats, NGOs – and indeed anyone interested in promoting and protecting human rights

The course will be taught by Professor Brian Burdekin AO, former Federal Human Rights Commissioner and former Special Adviser on National Institutions to the UN High Commissioner for Human Rights, and currently Visiting Professor at the Raoul Wallenberg Institute of Human Rights in Sweden, and Visiting Professor at UNSW.

Recommended Prior Knowledge

A law degree or alternatively a degree in the humanities and some experience, or a strong interest in human rights-related activities.

Course Objectives

A candidate who has successfully completed the subject should:

Understand the importance of National Human Rights Institutions (NHRIs) in promoting and protecting human rights.
Understand the importance of using various strategies (e.g. National Inquiries into systemic violations) to protect human rights and prevent human rights violations.
Understand the relationship between NHRIs and:

the Executive Government
the Legislature (Parliament)
the Judiciary
Other independent institutions (e.g. The Ombudsman, Anti Corruption Commission)NGOs and civil society generally

Understand the value of "alternative dispute resolution" in providing effective and timely remedies for violations of human rights
Have a working knowledge of the diversity of NHRIs in the Asia-Pacific region

Main Topics

The international standards governing National Human Rights Institutions (NHRIs)
The role of NHRIs in promoting and protecting human rights - from theory to practice; effective strategies; prevention and early intervention.
International monitoring mechanisms and their relationship to NHRIs; the effect of "globalisation".
The mandates, functions and powers of NHRIs-with specific attention to those in Australia, Fiji, India, Indonesia, the Republic of Korea, Malaysia, Mongolia, Nepal, New Zealand, the Philippines, Sri Lanka, Thailand - and references to those in Afghanistan, Jordan and Palestine.
The relationship between NHRIs and Government, Parliament, the Judiciary, other independent institutions, NGOs and civil society.
International and regional cooperation among NHRIs.

Assessment

Research paper on a topic approved by the course convener of [between 6-8,000 words], to be submitted 6 weeks after the final class

Course Texts

Prescribed

Brian Burdekin, National Human Rights Institutions in the Asia-Pacific Region (Martinus Nijhoff, 2007)

You should not purchase this book without consulting Professor Andrew Byrnes andrew.byrnes@unsw.edu.au as he will be able to advise you on the availability of copies at discounted prices for students in the course.

Recommended

Please refer to the course outline provided by the lecturer prior to the start of the relevant semester.

Order from UNSW Bookshop

Resources

Please refer to the course outline provided by the lecturer prior to the start of the relevant semester.