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International Law of Equality and Discrimination - LAWS8391

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: 2

Enrolment Requirements:

Pre-requisite: Academic Program must be 9200 or 9210 or 9230 or 5740 or 9211 or 5211 or 9231 or 5231 or 9220 or 5750.

Excluded: JURD7412, JURD7691, JURD7792, LAWS3412, LAWS8392

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

Equality and the principle of non-discrimination are central to the enjoyment of human rights and freedoms. This course explores the fundamental principles of the international law of equality and non-discrimination and their place in human rights law. It also examines the application of these principles to selected contemporary circumstances. The course focuses particularly on sex, disability and race discrimination, looking closely at gross or entrenched violations, comparing the approaches of various domestic nondiscrimination law regimes and analysing the main policy debates. Special attention is given to the role and accountability at law of non-state actors. Several eminent guest speakers will address the class on particular topics.

This course is also available to students undertaking relevant postgraduate non-law degree programs at UNSW, provided such enrolment is approved by the appropriate non-law Faculty.

LLM Specialisations

Human Rights and Social Justice
International Law

Recommended Prior Knowledge

None

Course Objectives

To examine and analyse the main legal concepts and principles of the international law of equality and non-discrimination
To apply these concepts and principles to specific situations and relationships in which inequality exists and unlawful discrimination commonly occurs
To evaluate critically the mechanisms in use to correct inequality and combat discrimination
To assess the effectiveness of anti-discrimination law as a means of eliminating unlawful discrimination and promoting equality

Main Topics

The course includes selected aspects of each of the following key areas;

Theories of equality
The principle of equality: conceptual and historical background
The prohibition on discrimination
Concepts in anti-discrimination: prohibited grounds and special measures
The International Bill of Human Rights
Discrimination on the basis of sex and sexual orientation
Race, religion, ethnicity and discrimination
Indigenous peoples and discrimination
Discrimination on the basis of age.
New grounds of discrimination: disability and other developments
International mechanisms for implementation and compliance
Comparing and contrasting domestic implementation and enforcement of anti-discrimination principles
Competing claims: business perspectives on anti-discrimination in employment
Advocacy for equality, including litigation

Assessment

Class Participation	Preparation and engagement in class	20%
Short answer questions		20%
Research essay	5,000 - 6,500 words	60%

Course Texts

Prescribed
Course Materials must be purchased form the UNSW Bookshop.
Additional materials may be distributed during classes. A list of required and suggested reading for the course will be made available closer to the commencement of the course.

Recommended
None

Order from UNSW Bookshop

Resources

Refer to Course Outline provided by lecturer at the beginning of session.